montgomery county military criminal lawyers

When individuals choose to serve in the United States military, they enter a world far different from the civilian world they have known. Once they join, a person is required to obey the military rules and laws contained within the Uniform Code of Military Justice (UCMJ). These are laws designed specifically for people serving in the military. The UCMJ contains laws concerning insubordination, unauthorized absence, desertion and more. When a person in the military is prosecuted for violating one of the rules or laws of the UCMJ, it is known as a court-martial. Even if a person serving in the armed forces does not plan to be involved with the military’s legal system; it’s important they know what is involved with it.

Court-Martial

When it appears a member of the military has broken a law contained within the UCMJ, it is possible their commanding officer will recommend this person be put on trial at a military court-martial. This is the military equivalent of a trial court. They are convened for charges relating to illegal conduct specific to people serving on military duty. A person will be offered a military attorney without any charge. It is also possible for a person serving in the military to also have a criminal defense attorney represent them at a court-martial.

Criminal Defense Attorney

Unlike a military attorney, a criminal defense attorney will not be concerned with their military career. They will not be part of the system or experience any direct impact from the military. A criminal defense attorney will not have a commanding officer and be able to view the facts of a case from a different perspective. They will be concerned with investigating their client’s case. They will try and obtain all the facts and make certain the rights of their client have not been violated. They will have experience handling everything from a general court martial to an Article 15 of the UCMJ. A special court martial, summary court martial and more are regularly handled by criminal defense attorneys. It’s also important for a military member to realize their military attorney can work on their case in conjunction with a criminal defense attorney. A member of the military could have two attorneys working on their case at the same time.

Time Constraints

A military attorney will be working on one person’s case as well as several others. A criminal defense attorney will be able to dedicate the necessary amount of time to the case as required. It is not uncommon for a military attorney to be working on a dozen or more cases at the same time. A criminal defense attorney may be able to follow up on things a military attorney may not have enough time to handle.

Court-Martial System

The rules and procedures involving the process of a court-martial are very different from the civilian legal system. In the military, a person’s chain of command has quite a bit of influence and discretion when it comes to determining if someone will receive non-judicial punishment, which is an administrative action or face judicial punishment. It’s also possible a person may not receive any punishment at all. A criminal defense attorney will know the military court-martial system. In most cases, not being in the military enables them to be more objective.

Military Benefits

People who serve in the military may qualify for various benefits provided by the Department of Veterans Affairs (VA). This could include healthcare, education, home loans, disability compensation and more. Many things could happen when a person, who has been in the military tries to get the benefits owed to them. The paperwork can get lost, it can be mishandled, excessive delays can occur, and a claim can be denied. A criminal defense attorney experienced in dealing with such a huge bureaucracy will be able to help. They will be able to make sure all the necessary steps are followed. When a claim is denied and needs to be appealed; they will know the process and how to succeed at it.

Many criminal defense attorneys who deal with military legal cases have many years of experience. They will know what is possible and what should not happen. They will know the military legal system and how to obtain the best possible outcome for their client.