Cadiz, KY Military Defense Lawyer

Cadiz, KY Military Defense Attorney

As a member of the military, your offenses may be tried differently than civilian offenses, and the consequences may be more severe. To protect your rights during high-stakes disciplinary proceedings, you need a seasoned Cadiz, KY, military defense lawyer to build your defense.

With experience in the intricacies of military law, the attorneys with Michael J. Thompson, Attorney at Law, can formulate unique strategies to defend you in a court-martial or other military matter. Armed with an extensive understanding of military law, we can help you minimize potential penalties and preserve your rights.

Criminal Defense for Military Personnel In Cadiz, KY

Military trials work differently from civilian trials and require extensive knowledge of military defense law. However, like civilian law, you also have the right to legal counsel. It is important to equip yourself with the experience and advocacy of a Cadiz, KY military defense attorney.

Military personnel can be charged when they violate the Uniform Code of Military Justice (UCMJ). A commanding officer can decide disciplinary action through either an Article 15 hearing if the offense is less serious or a court-martial if the offense is more severe.

Court-Martial Proceedings

Unlike civilian crimes, military crimes can be charged at the discretion of the commander. A commander can:

• Choose not to take action against an offense.
• Decide to administer action against a soldier themselves.
• Conduct a non-judicial hearing about the offense.
• Conduct a court-martial.

A court-martial is the highest level of trial court in the military and is reserved for the most serious crimes. However, there are three different types of courts-martial, which vary in severity: summary, special, and general. A strong defense is crucial during this high-stakes process, as it requires the knowledge of a skilled Cadiz, KY military defense lawyer.

How Are Court-Martial Proceedings Different From Civilian Trials?

A court-martial is not unlike a civilian trial, although there are some differences in procedural requirements. These key differences include that:

• The jury for a court-martial must have a minimum of five members.
• The jury is usually appointed by the base commander.
• A unanimous vote is not required for a guilty verdict, only a majority vote of ⅔.
• The accused has a right to request that 1/3 of the jury be made up of enlisted members.

Non-Judicial Punishments

Your commanding officer has the sole discretion to decide how to discipline a soldier whom they believe to have committed an offense. Although they may decide against a court-martial, there are other consequences you can face. For minor offenses, Article 15 may be afforded to you as an option for deciding disciplinary action. Some of the offenses that can warrant an Article 15 hearing are:

• Traffic violations
• Disrespecting or disobeying a superior
• Disrespecting or disobeying an officer

Article 15 hearings do not exempt you from a court-martial. Your commanding officer may decide that the offense warrants further disciplinary proceedings. At this point, you can be tried at a court-martial.

A Cadiz, KY military defense lawyer can represent you, regardless of what type of disciplinary proceedings are decided upon. In Article 15 hearings, our insight can avoid an escalation of the matter into a court-martial.

Potential Consequences of Guilty Verdicts

There are many kinds of sentences one can receive if they are tried in a court-martial. Due to the severe nature of the offense that warranted the court-martial, the resulting punishments can be quite serious. Possible outcomes include:

• Dishonorable discharge
• Reduction in rank
• Confinement
• Fines and/or forfeiture of compensation

With strong representation from a Cadiz, KY military defense attorney, you could reduce or eliminate the penalties you face from a guilty verdict. No matter the offense, you are entitled to comprehensive legal counsel. At Michael J. Thompson, Attorney at Law, we are dedicated to achieving favorable outcomes for our clients’ unique legal cases.

Can I Appeal a Court-Martial Decision?

Appeals exist at all levels of court-martials. However, the process to appeal differs based on the kind of court-martial you have. Your case will automatically be reviewed after a special or general court-martial, as outlined by the Uniform Code of Military Justice. Additionally, Article 15 offenses can be appealed, but these appeals are not built into the process the way those for court-martials are.

Discerning the correct process for an appeal can be complicated. To avoid undue confusion, consult a military defense lawyer in Cadiz, KY as soon as possible.

FAQs

Q: What Is a Military Lawyer Called?

A: A military lawyer is called a judge advocate. This is a lawyer who is employed by a military branch and not a private attorney. A judge advocate can assist on the side of the prosecution, the defense, or the commanders. They can also represent victims of sexual assault crimes committed by military personnel.

Q: Does the U.S. Military Hire Lawyers?

A: Yes, the U.S. military hires lawyers. Judge advocates are highly skilled in military law and represent the legal interests of many different roles within the military.  It is crucial to remember when choosing to hire a private attorney that the opposing judge advocate will be especially knowledgeable and aggressive during proceedings. Any private attorney you hire should be able to match their experience in military law.

Q: Do JAG Lawyers See Combat?

A:  A JAG lawyer may see combat through the Army Reserve. This allows JAG lawyers to serve their country in other ways while maintaining their civilian jobs. Typically, army JAG lawyers are assigned to an active army unit. There they must complete 12 days of annual training every year.

Even without seeing combat, a JAG lawyer may be required to travel internationally to represent members of the military during court proceedings.

Q: What Ranks Are Military Lawyers?

A: The ranks of military lawyers are dependent on several factors:

• The branch of the military they serve in
• How long they have served in that branch
• How extensive their experience and schooling is

Each branch of the military has its own rules for determining the starting rank of a judge advocate.

Michael J. Thompson, Attorney at Law, Can Represent You in Military Matters

If you have been accused of an offense as a member of the U.S. military, it is important to find reliable legal representation. Contact a Cadiz, KY military defense attorney today to discuss your case.