Go to the Armed Forces Legal Assistance website. This site contains a locator based on zip code. Even if you do not live close to military installations, start with the locator. There may be a smaller legal assistance office nearby which you are unaware of. If there are no legal assistance offices near you, consider contacting a local legal clinic, which are often sponsored by law schools and offer free legal services to military personnel. Another option is to contact your local legal aid office or your local bar association to see if either offer free or low cost services to military personnel. Finally, find out if your state attorney general’s office provides free civil legal services to military personnel. You can check out the state-by-state listings of such programs on our Directory of Programs.
Military legal assistance may also be available to survivors of eligible service members and retirees, certain overseas civilian employees and their family members, and allied forces service members serving with U.S. Armed Forces in CONUS and their family members. Contact your nearest military legal assistance office for further details on eligibility.
The ABA provides a resource to military legal assistance lawyers, the ABA Military Pro Bono Project, which helps military lawyers easily connect their clients to pro bono attorneys who provide representation for no fee. I am a military spouse.
Legal assistance attorneys can provide you legal advice and assistance in a number of legal areas, including: 1 Drafting wills 2 Drafting powers of attorney 3 Drafting advanced medical directives (living wills) 4 Reviewing contracts and leases 5 Notary services 6 Estate planning advice 7 Advice on family law matters, including custody 8 Tax assistance 9 Advice on credit and lending issues 10 Information on immigration and naturalization 11 Advice on the Service Members Civil Relief Act (SCRA) 12 Advice on the Uniform Employment and Reemployment Rights Act 13 Advice on landlord-tenant disputes 14 Advice on minor traffic tickets 15 Help in preparing for small-claims court
Reservists who have been activated, are preparing to deploy or have recently returned from deployment, and members of the National Guard on active duty for thirty days or more, as well as their family members with DoD ID cards, are eligible for legal assistance.
Yes. There are also legal areas in which a military legal assistance attorney may NOT be able to help you, including: claims against the government; military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by branch.); legal matters concerning your privately owned business.
For example, the military lawyer typically will not represent you in court. If you are in need of more help than the military legal assistance lawyer can provide you, he or she may be able to connect you to a non-military lawyer who can represent you pro bono (free) or for a fee.
A military lawyer might represent a person facing a court martial, who is involved in a divorce or family law matter, or who has been charged with a crime. Additional examples of cases when a military member might need legal representation could include an enlisted individual who has been accused ...
Military law covers those people who serve in any branch of the U.S. Armed Forces and addresses related regulations and ordinances. Since the Constitution gives Congress the authority to act in military matters, military law is a component of federal law. Military lawyers serve with the Judge Advocate General’s Corps of a particular branch ...
When a service member does not follow the expected code of conduct, his or her superior officer might seek non-judicial sanctions, such as reprimands, demotion, additional duties or even confinement. In other cases, the member could be subject to a court martial.
The jurisdiction of the UCMJ. The conduct of military personnel. Military records and their release. Proper discipline and order in the military. Court martials, including their jurisdiction and composition. The treatment of prisoners both in the United States and abroad. Military discharges.
The Uniform Code of Military Justice addresses all aspects of military law. It not only applies to active duty personnel, but it can also apply to certain retired individuals, reserve members and members of the National Guard. The UCMJ covers a wide range of topics, including the following:
Military lawyers serve with the Judge Advocate General’s Corps of a particular branch of service. Military law is recognized by civil courts and is considered to be in effect in both peace and wartime.
While defendants are free to represent themselves in a court martial, military law is quite complex, and a military lawyer will often have a better understanding of the nuances of military regulations. In some cases, the service member’s conduct is viewed so seriously that the military severs his or her service via a dishonorable discharge.
The simplest option is to contact the nearest military legal assistance office (using the web-based locator service) and ask for contact information for the nearest trial defense or area defense counsel office. If that does not work, contact ANY military trial defense or area defense counsel's office, and ask if they can provide you with contact information for the office closest to you. For example, a recent google search for "Area Defense Counsel Air Force" retrieved dozens of web sites and phone numbers for Air Force area defense counsel offices around the globe. Each office should have a list of contact information for every other office in the military legal defense community.
The vast majority of courts-martial are resolved by plea agreements , and are rarely fully litigated. If you need someone to represent you in a fully contested military proceeding (such as a court-martial), look for civilian attorneys who have that sort of experience.
If you cannot afford a lawyer, the judge handling the case will either appoint a private lawyer to represent you free of charge or the government's public defender will handle your case, also at no charge.
Military legal assistance cannot represent you in criminal proceedings. If you have a non-military criminal case (for example, a DUI or a domestic violence charge), you should seek help from the local public defender or the local bar.
Ideally, the attorney will have served on active duty as a JAG (military attorney) and participated successfully in similar proceedings as a JAG. It is also helpful if the civilian attorney has recent experience with similar proceedings as a civilian counsel because military boards and panels sometimes view civilian counsel differently than those who are a JAG.
Military lawyers must receive additional training. After a military member becomes a legal attorney, they must attend JAG training. This is where they learn how to defend a client in military proceedings.
Military Lawyer vs Civilian Lawyer: What’s the Difference? In 2018 the Army had 545 pending court-martial cases. It takes an average of 136 days for each case to go through the entire process, from sentencing to convening authority. These cases go through a similar process to civilian court cases, but there are entirely different rules ...
Military juries tend to be commissioned officers, but the accused could request enlisted members.
This is a major difference in how the court is run and will directly affect how the attorney approaches their defense strategy. A death penalty case is the only time a military jury would need to have a unanimous guilty decision.
Per the Constitution, a jury is made up of 12 jury members who are the defendant’s peers. Military juries can be anywhere from three to 12, which is much smaller. The exact number will depend on the court-martial case presented before the court.
When you go through civilian criminal court, you could get assigned a public defender or hire a private attorney on your own. Think of the military JAG attorneys as the public lawyers for the military. These are active military members who serve as attorneys and represent military members. There is a crossover option.
These are civilian court-martial defense lawyers. Similar to a public defender, you won’t get assigned a JAG attorney until you’re officially charged with an offense.
A military judge presides over the court-martial and at least three enlisted members act as panel members (the jury), unless the accused requests to be tried by a military judge alone. The maximum penalties that can be imposed include: confinement for one year. hard labor without confinement for up to three months.
The military has its own set of laws to deal with crimes: the Uniform Code of Military Justice (UCMJ). Updated: Jan 24th, 2018.
Crimes by service members are more often tried in military court than civilian court. Military court uses three types of "courts-martial.". Here are the types of courts-martial and the penalties that the courts have the authority to impose.
Types of Military Courts-Martial. Under the UCMJ, there are three types of military courts-martial: summary, special, and general. Each one is for different levels of crime and the maximum punishments vary at each level. A summary court-martial is used to resolve minor crimes under simple procedures.
It's made up of a military judge and not less than five enlisted members as panel members, unless the accused asks for a military judge alone to decide the case. A general court-martial can impose any punishment not prohibited by the UCMJ, including confinement, forfeitures of pay, and dishonorable discharges.
bad-conduct discharge. A general court-martial is used for the most serious crimes, such as robbery, drug dealing, arson, sexual abuse, rape, or murder (felonies in civilian criminal trials).
Uniform Code of Military Justice (UCMJ) The Uniform Code of Military Justice (UCMJ) is the system of rules that guide the military criminal process. It is used in the military court system, which is completely separate from the civilian court system. Members of the military can be tried and convicted in a court-martial (military court) ...
Whereas a civilian court requests a unanimous decision of the jurors, military courts only need a two-third majority . This means that there may be occurrences of unjust decisions reached by a less-than-unanimous jury. Lastly, in a court martial, the military only states a single sentence for all of the individual’s crimes.
In the military, every branch has its own appellate court, responsible for the appeals submitted by the personnel of said branch. The appeal always follows an identical chain of command, and there is no way for the process to be sped up, or for an appeal to miss a couple of links of the chain. Civilian lawyers, on the other hand, are used ...
It all depends on the type and the level of court martial. And, the main difference is that the jury in a court martial only consists of commissioned officers. The other major difference is that there is no hung jury in court martial.
When it comes to JAG attorneys, or military attorneys as they are commonly known, the rules they have to abide are instated by the UCMJ, or the Uniform Code of Military Justice. Every process connected to military law is proscribed by the UCMJ, and all JAG attorneys have to strictly adhere to it.
Lastly, in a court martial, the military only states a single sentence for all of the individual’s crimes . In the civilian system, the jury votes separately for every offense, and delivers separate verdicts.
Court appeals, whether they occur in military or civilian courts, bear the same significance. They allow the person not satisfied with the court’s decision to try and have the case reevaluated by a higher legal authority.
Vik Monder is the best criminal defense attorney in San Diego, and that’s a fact. And, not only that, but he knows how stressful a court martial can be for active military personnel put on the spot. That is why he has worked hard to assemble the best team of civilian lawyers specializing in military law at Monder Criminal Lawyer Group. We can lend you our expertise even in the confines of the military. Contact us today for a free consultation!
As recently as early 2019, service members have attempted to file suit against the military for their injuries and overturn Feres, totaling a dozen lawsuits in the past 70 years. Though courts have been reluctant to overturn legal precedent, Congress did make some headway in the final days of this year.
December 11, 2019. It was a compromise inspired by another bill, named for Special Forces soldier Sgt. 1st Class Richard Stayskal, whose terminal lung cancer went undiagnosed despite a noted mass and recommendations for a biopsy after a CT scan.
A dent to Feres: Troops to be able to file claims — but not sue — for medical malpractice. A new claims system will be set up for military members to file for malpractice compensation. But it won't be easy. Patricia Kime. December 11, 2019.
Unable to sue the Army for medical malpractice, this retired soldier is now fighting the VA for benefits. Paralyzed after surgery with an Air Force doctor, an Army retiree is fighting for the VA to cover her care.
When the Supreme Court ruled on the Feres case, they established that service members cannot file for damages under the Federal Tort Claims Act, regardless of whether death or injuries occurred on the battlefield or at the hands of military doctors attending to routine health matters at home.
Though a command would never admit it, convenience does matter—even more than ensuring good order and discipline. Commanding Officers/Generals want to fight wars, not convene courts, and sometimes simply getting to them early can greatly benefit the servicemember accused of misconduct.
Military Justice Attorneys is dedicated to your well-being and will work with you to find a creative way to manage legal fees. Servicemembers facing criminal charges have often used their savings, relied on family members and friends, taken out home-equity lines, or used credit cards in order to pay for their legal services. Acquiring competent legal representation is an investment well worth the initial cost.
If you obtained a mortgage before you entered into military service, then the SCRA requires that your lender get a court order before it can foreclose on your home during any period of military service and for nine months thereafter. The lender must get a court order even in states that generally allow foreclosures without a court order. If your lender seeks such a court order, and you can show that you have been unable to meet your financial obligation because of your military service, the court must temporarily stay the proceedings or adjust the amount of your obligation to the lender.
Another important advantage to hiring an attorney immediately is that law enforcement and commands can no longer interrogate or ask questions of the accused, unless consent is given by the defense counsel.
the propensity of uniformed judge advocates to stay on the case when civilian defense attorneys are hired by a servicemember—two attorneys are always better than one.
Needless to say, this process is complex for any servicemember to navigate either alone or with an inexperienced uniformed judge advocate. Military Justice Attorneys strongly advises that you hire a military lawyer if you are facing such a gauntlet.
This important question has been pondered by thousands of servicemembers over the years. In today’s military, an Article 15/NJP entry in a servicemember’s record book is no insignificant matter. Although Article 15/NJP convictions do not result in a federal criminal record, they often do affect the servicemember’s ability to promote in rank within his or her military occupational specialty, as well as eligibility to re-enlist.