Court-martial cases vary widely, and it takes a skilled military attorney to mount an effective defense. Our military attorneys defend those accused of a variety of issues, including:
Service members facing a military investigation, nonjudicial punishment, court-martial or administrative separation can face consequences that affect their freedom, military career, rank and benefits. Because the military justice system has rules and procedures that differ from civilian criminal courts, understanding your rights and options can be critical.
The Carlson Law Firm represents service members facing military criminal and administrative proceedings. Our military criminal defense attorneys can review the allegations and evidence, explain the process and help develop a defense strategy based on the circumstances of the case.
Article 15 proceedings allow commanders to impose nonjudicial punishment for certain offenses without a court-martial. An attorney can explain your rights, review the allegations and help you evaluate your options.
A court-martial is a military criminal proceeding governed by the Uniform Code of Military Justice. A civilian military defense attorney can review the charges and evidence, identify potential defenses and represent a service member throughout the court-martial process.
Administrative separation proceedings can affect a service member's military career and characterization of service. An attorney can explain the process, review the basis for separation and represent eligible service members before an administrative separation board.
Article 15 of the UCMJ allows commanders to address certain alleged misconduct through nonjudicial punishment rather than a court-martial. Depending on the service member’s rank and the circumstances involved, potential consequences can include:
A service member facing nonjudicial punishment may have important decisions to make about how to respond to the allegations and whether to accept the proceeding. A civilian military defense attorney can review the allegations, explain the available options and help the service member prepare a response.
Court-martials are governed by the UCMJ and military rules and procedures that differ in important ways from civilian criminal courts. A civilian military defense attorney can review the charges and evidence, advise you about your rights and options, identify potential legal issues and represent you throughout the proceedings.
Service members facing a court-martial are generally provided military defense counsel and may also retain civilian counsel at their own expense. Choosing civilian counsel can allow a service member to add an attorney of their choosing to the defense team.
A civilian military defense attorney can help a service member understand the allegations and military justice process, review evidence, prepare for hearings or proceedings, advise on available options and provide representation when permitted. The attorney’s role will depend on whether the matter involves an investigation, Article 15, court-martial or administrative separation.
Court-martial cases vary widely, and it takes a skilled military attorney to mount an effective defense. Our military attorneys defend those accused of a variety of issues, including:
A court-martial is a military proceeding used to try offenses under the Uniform Code of Military Justice. The military has three types of courts-martial: summary, special and general. The type of court-martial affects how the case is conducted and the punishments that may be imposed. The UCMJ expressly establishes those three classifications.
A summary court-martial is designed to address certain minor offenses through a simplified proceeding. It is generally composed of one commissioned officer and, with limited exceptions, may try enlisted service members for noncapital UCMJ offenses. A summary court-martial has more limited punishment authority than a special or general court-martial.
A special court-martial is an intermediate-level military court that can try a broad range of offenses under the UCMJ. Depending on how the case proceeds, it may consist of a military judge and four members or, in certain circumstances, a military judge alone. Its authority to impose punishment is more limited than that of a general court-martial.
A general court-martial is the highest level of military trial court and may hear serious offenses under the UCMJ. In a noncapital case, it generally consists of a military judge and eight members, although a service member may be tried by a military judge alone in certain circumstances. General courts-martial have broader punishment authority than summary or special courts-martial.
A service member may face administrative separation based on alleged misconduct, performance or other grounds. Depending on the circumstances and applicable service regulations, the member may be entitled to appear before an administrative separation board.
A separation board may consider whether separation is warranted and, when applicable, the appropriate characterization of service. Because characterization of service can affect a service member’s future and eligibility for certain benefits, understanding the process and preparing for the hearing can be important.
A civilian military defense attorney can review the basis for separation, explain the service member’s rights and provide representation when permitted.
If you are under military investigation or facing an Article 15, court-martial or administrative separation, The Carlson Law Firm can help you understand your legal options. Our military criminal defense attorneys can review the allegations, explain the process and help you determine your next steps.
Contact The Carlson Law Firm to schedule a confidential consultation.
A civilian DWI arrest or conviction can have consequences for a service member beyond the civilian criminal case. Depending on the circumstances, a service member may also face military administrative or disciplinary action, and the incident may affect matters such as promotion, assignments, security-clearance eligibility or continued service.
The potential military consequences depend on the circumstances, the service member’s branch and command, the disposition of the civilian case and other factors. A military defense attorney can help evaluate how a civilian criminal allegation may affect a service member’s military career.
In some circumstances, conduct may result in both civilian criminal proceedings and military action. Whether both systems have jurisdiction and what action may be taken depends on the circumstances. A military defense attorney can evaluate how the two proceedings may interact.
Article 31 of the Uniform Code of Military Justice provides important protections for service members suspected of an offense. Before questioning a suspect or requesting a statement, a person subject to the UCMJ generally must inform the service member of the nature of the accusation, the right to remain silent and that any statement may be used as evidence in a court-martial.
A court-martial conviction may affect a service member’s military status, depending on the offense, sentence and other circumstances. Certain courts-martial can impose punitive discharges, while other cases may lead to separate administrative action.
A civilian arrest can have consequences beyond the civilian criminal case. Depending on the circumstances, the alleged conduct may also result in military disciplinary or administrative action.
Depending on the circumstances of your arrest, you may be facing either a misdemeanor or felony charge. Criminal charges can significantly impact your life, potentially requiring you to seek additional help from a military, family law or injury lawyer. Hiring a Carlson Law Firm Criminal Defense Lawyer means experienced and compassionate legal help.
With 18 locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.