Search
Close this search box.

Military Criminal Defense lawyer

Gold circle with handcuffs icon

Contact the Carlson Law Firm for Help

White Phone Icon Image
Call 866-802-9571
White Envelope Icon Image
Contact Us

Military Criminal Defense Representation

Military Criminal Defense lawyers Can Help if you're facing:

The members of the United States Armed Forces serve to protect and uphold the principles of the U.S. Constitution and the Bill of Rights, but unfortunately, their own rights are sometimes trampled in the course of a criminal investigation or court-martial. Put yourself in the best position to defend the allegations against you by securing the professional representation of an extremely experienced civilian military criminal defense attorney who has successfully defended clients from military criminal allegations.

Many of the members of our legal team have military service under their belt. We consider our insider knowledge of the military criminal justice system to be a vital asset when it comes to your defense.

Court Martial Defense from a Defense Lawyer

Court martial cases vary widely, and it takes a skilled military attorney to mount an effective defense. Our team of military attorneys defends those accused of a variety of issues, including:

Article 15

Article 15 proceedings allow commanders to impose non-judicial punishment for minor offenses without a court-martial. A skilled attorney can review your case, challenge evidence, and help protect your military record and career.

Court Martial Defense

A court-martial is a legal proceeding where service members face charges for serious military offenses. An experienced lawyer can build a strong defense, ensure your rights are upheld, and work toward the best possible outcome.

Military Separation

Military separation is the process of ending active duty service, which can occur voluntarily or due to disciplinary or administrative actions. A knowledgeable attorney can guide you through the process, defend against unfavorable separations, and safeguard your benefits and reputation.

Article 15 defense

An Article 15 or Captainā€™s Mast is a non-judicial punishment(NJP) determined by a commander or other superior officer in an informal proceeding. Article 15 offenses are generally not serious, such as a minor theft or DUI, but you may still be at risk of an Administrative Separation or dishonorable discharge. Though you do not have the right to be represented by an attorney in an Article 15 or NJP proceeding, an experienced court-martial lawyer from the firm may be able to help you to determine a strategy to lessen the severity of any penalties that might be imposed or help you make an informed decision of whether you should accept the punishment or demand trial by court-martial.

Types ofĀ Punishment

Every situation is different; therefore, punishments vary, however common punishments include:

  • Loss of Pay
  • Reduction in Rank
  • Reprimands
  • Restriction to Military Quarters
  • Extra Duties


It is important for to remember that if you refuse an Article 15, you can be represented by a civilian lawyer throughout the proceedings. As your legal counsel, our team will advise you of the preliminary steps before you submit to an Article 15.

The penalties for theft crimes in Texas vary significantly based on the value of the stolen property, the circumstances of the offense, and the defendant’s criminal history. Texas law categorizes theft offenses into different classes of misdemeanors and felonies, each with its own range of potential penalties.

Court Martial defense from a Civilian Military Criminal Defense Lawyer

A skilled military attorney understands the complexities of the UCMJ. Our team knows how to navigate the legal system to your advantage. They can scrutinize the details of your case, challenge the evidence against you, and explore every possible defense strategy to get you the best outcome possible and save your military career. Without professional legal guidance, you may unknowingly waive important rights or miss opportunities to minimize the impact of the charges.

A Criminal Defense Lawyer will protect your rights and best interests in the following ways:

When you contact our criminal defense team, we will immediately begin investigating your alleged crime. For example, we will review official police reports and other documents, examine physical evidence and interview witnesses. Our goal is to ensure you are protected from the system by searching for holes inconsistencies and other discrepancies that may give rise to reasonable doubt.

In many cases, we represent clients who have had their rights unjustly violated during an arrest or while officers were gathering evidence. Itā€™s important that you cooperate with the police so that additional charges arenā€™t added. If you believe officer misconduct occurred, explain this during a free consultation and let our attorneys look into this for you.

When you are arrested, there are laws and procedures that govern how criminal defendants are treated. It creates an incredibly complicated system that is impossible to navigate alone. Itā€™s important that you have an experienced, professional and trusted attorney on your side. Your attorney will assert your rights and fight for a fair resolution.

Several defenses can be mounted in a criminal case. Do you have an alibi? Are the charges based on the testimony of an unreliable witness? Did you act in self-defense? Your attorney will work with you to present the facts of your case in a coherent theory of defense.

The Carlson Law Firm trial attorneys are ready to represent you in a courtroom. Our experience has given us the skills to select a jury, scrutinize improper evidence and testimony, cross-examine the witnesses and present your defense to the jury.

Accepting a plea deal or going to trial can change the trajectory of your life. A knowledgeable DWI defense lawyer can offer wise counsel based on decades of experience to help you make strategic decisions in the criminal court process.

Our criminal defense attorneys are firm but compassionate. We know that a criminal charge will be difficult for everyone in your family. Our team will act as an intermediary between you and your family to ease their anxiety about your case.

What is criminal law?

Leaders in Criminal Defense

Our ultimate objective is to reduce the consequences you face. Whether that involves negotiating for lesser charges, advocating for alternative sentencing that could keep you out of jail, or aggressively pursuing a complete dismissal of the charges, we are committed to protecting your future. We understand how much is at stake, and we are dedicated to providing the robust defense you deserve.

Image of Craig Carlson talking to a man at a table
Legal themed image at desk

Courtroom experience matters

Our strategy for defending against theft charges is rooted in a meticulous examination of every aspect of your case. We begin by carefully analyzing the circumstances surrounding the alleged incident, questioning the legitimacy of the evidence presented, and scrutinizing any actions taken by law enforcement that may have violated your rights. We explore every possible angle to challenge the prosecutionā€™s case, from disputing the intent behind the alleged theft to exposing any procedural errors.

Record of Successful Favorable Outcomes

We take pride in our ability to protect our clients’ rights and futures, and we are dedicated to achieving the best possible outcome in every case we handle. When you work with us, you can trust that we will fight tirelessly to secure a result that minimizes the consequences you face and allows you to move forward with your life.

Image of Police Car
Sobriety Checkpoint Ahead sign on the road

Will a DUI get me kicked out of the military?

A Driving While Intoxicated (DWI) offense in Texas can have significant repercussions for military personnel, potentially leading to both civilian and military penalties.

Civilian Consequences:

In Texas, a first-time DWI offense is classified as a Class B misdemeanor, which may result in:

  • Fines: Up to $2,000.
  • Incarceration: 72 hours to 180 days in jail.
  • License Suspension: Up to one year.

Subsequent offenses or aggravating factors, such as a higher blood alcohol concentration (BAC) or having a minor passenger, can lead to more severe penalties, including higher fines, longer jail sentences, and felony charges.


Military Consequences:

Beyond civilian penalties, service members may face military disciplinary actions under the Uniform Code of Military Justice (UCMJ), including:

  • Non-Judicial Punishment (Article 15): This can involve reduction in rank, forfeiture of pay, extra duties, and restriction to base.
  • Court-Martial: For more severe cases, a court-martial could lead to confinement, dishonorable discharge, and loss of military benefits.

Additionally, a DWI conviction can adversely affect a service member’s career, potentially hindering promotions, security clearances, and future assignments.

FAQs: Theft in Texas

The military justice system is governed by the Uniform Code of Military Justice (UCMJ) and includes unique procedures, such as non-judicial punishment (Article 15) and courts-martial, overseen by military officers rather than civilian judges and juries.

Yes, it is possible to face charges in both military and civilian courts for the same act, as they operate under separate legal systems.

You have the right to remain silent, the right to consult an attorney, and the right to avoid self-incrimination. You are also entitled to be informed of the charges or allegations against you.

Yes, a conviction can lead to an unfavorable discharge, such as a dishonorable or bad conduct discharge, which can impact your benefits and future civilian opportunities.

Work with an experienced military defense attorney who can advocate for your case and fight for a favorable outcome, such as retaining your discharge status and benefits.

Yes, under Article 31 of the UCMJ, you have the right to remain silent and cannot be compelled to incriminate yourself. Always consult an attorney before answering questions.

Yes, depending on the severity of the offense, a conviction may be reported to civilian authorities and appear on your record, potentially impacting employment and other opportunities.

A theft conviction can lead to disciplinary actions against your professional license, potentially resulting in suspension or revocation. This is particularly relevant for professionals in healthcare, law, finance, and other regulated industries.

If you are arrested during enlistment, the situation can have serious consequences for your military career. Your command will typically be notified, and the military may conduct its own investigation under the Uniform Code of Military Justice (UCMJ), even if the arrest occurred in a civilian jurisdiction.

Depending on the nature of the offense, you could face disciplinary action, including administrative separation, non-judicial punishment (Article 15), or court-martial. Additionally, the arrest may impact your ability to complete training, receive security clearances, or continue with your enlistment. Consulting a military criminal defense attorney is critical to protect your rights, navigate the legal process, and advocate for the best possible outcome.

Court Martial defense from a Civilian Military Criminal Defense Lawyerā€‹

The military has a specialized legal system for military personnel and, occasionally, retired and former military personnel. Others associated with the military (including prisoners of war, military prisoners, and members of quasi-military organizations are also subjected to the military court. Although it bears a striking resemblance to the civilian legal system in the United States, there are some marked differences as well.


Types ofĀ Court MartialĀ cases

Court martial cases vary widely, and it takes a skilled military attorney to mount an effective defense. Our team of military attorneys defends those accused of a variety of issues, including:

  • High-Profile Media Cases
  • Murder / Homicide
  • Sexual Assault / Rape
  • Other Sex-Related Offenses
  • DUI and Alcohol-Related Offenses
  • Drugs
  • Larceny / Fraud
  • Assault and Battery
  • Child-Related Offenses
  • DNA Evidence
  • Computer Crimes
  • Military-Specific Offenses (e.g., AWOL, Dereliction, Conduct Unbecoming)
  • Reservists Facing UCMJ
  • Government Fraud


What Is aĀ Court Martial?

A ā€œcourt martialā€ is a court that conducts military trials. There are three types of courts martial, and each type has unique requirements with regard to who acts as a judge or jury.


Summary
Ā Court Martial

A summary court-martial is typically held if you are being charged with a petty, less severe crime. This court process does not require a military judge or an attorney. Rather, the trial is conducted by a commissioned officer. He or she will review the facts of your case, the legal precedent, and the sentencing guidelines. If you are found guilty in a summary court-martial, you face one or more of the following:

  • Confinement for up to 30 days
  • A maximum of 45 days of hard labor
  • Restriction to a particular area (such as the barracks) for up to 60 days
  • Pay reduction for one month
  • Loss of rank


Special
Ā Court Martial

The special court-martial is the military equivalent of a trial for a misdemeanor crime in a civilian court. A military judge presides over special courts-martial. If you are prosecuted in a special court-martial, you are assigned a military attorney, but you may hire a private defense attorney. A panel of three service members will decide the case, unless you specifically request for a judge to do so. If you are convicted of a military crime in a special court-martial, you face:

  • A maximum of 364 days of confinement
  • Forfeiture of up to six months pay
  • Three months of hard labor
  • Misconduct discharge


General
Ā Court Martial

The general court-martial is reserved for the most serious offenses. In a general court-martial, a military judge presides over your case, and you are assigned a military attorney. The trial is held before a panel of at least five court members. However, if you are facing the possibility of death penalty, the trial must be held before a panel of at least 10 court members. As with a special court-martial, you may request that a judge decide the verdict, except in cases where the prosecution seeks the death penalty. Under a general court-martial, you face the maximum sentence allowed by UCMJ, including:

  • Death
  • Life imprisonment
  • Dishonorable discharge
Ā 

Military Board Separation

When command recommends that a service member be involuntarily discharged based on performance, misconduct, or mental or physical ability, the matter is evaluated by an administrative military separation board. An administrative separation hearing offers the service member the opportunity to fight for retention in the military prior to a discharge being issued.

Typically two questions are posed. First, will the service member who is referred for separation actually be separated from military service? Second, if the member is to actually be separated, how will the service memberā€™s prior military service be characterized, meaning what type of discharge will he or she receive: Honorable Discharge, General Discharge under Honorable Conditions, or Other Than Honorable (OTH) Discharge?

A service member is entitled to a board hearing if either the Command seeks to separate him under Other Than Honorable Conditions (OTH) or where the service member, or if enlisted or a Non-Commissioned Officer, he has six or more years of service. A Military Criminal Defense Attorney can help you protect your benefits and reputation.

Get HelpĀ Now

For officers, being notified of a board of inquiry is the first step of the process to determine whether you will be allowed to remain on active duty. For enlisted men and women, a command investigation may similarly result in the convening of an administrative separation board to verify whether misconduct or nonperformance warrants administrative separation as a possible consequence.

The time to get a lawyer on your side is the day you receive notice that an investigation is underway. Time is of the essence. Preparation is an important part of what it takes to protect your rights.

If you are facing criminal charges in Bell, Coryell, or Lampasas County and need a legal team, call a theft lawyer at The Carlson Law Firm. The best legal representation comes from lawyers who care about you and care about your situation. Our attorneys and legal assistants will treat you with the respect you deserve and give your case the attention you deserve.

Walden Photo

Steve Walden: Your Military Criminal Defense Attorneys

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 that you get a team of attorneys experienced in securing your rightsā€”no matter what. Attorney Steve Walden is part of a team with all your bases covered.

Carlson Law Firm logo seal shape

There's a CARLSON LAW FIRM Near You

With over a dozen locations throughout Texas, thereā€™s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

free consultation

Ready to get started?