Military Criminal Defense Attorney: Experienced Defense for Military Personnel

Proudly Serving Service Men & Women in Tennessee & Kentucky

Laws can be confusing enough when you are a civilian. What happens if you are a soldier accused of a crime? What is the legal process? All branches of the military use the Uniform Code of Military Justice (UCMJ). This code covers all the aspects of the military court process, such as the trial process, investigations, and appeals. UCMJ laws pertain to all active duty and retired military personnel.

You may face a civilian criminal trial and a court martial if you are a service member charged with a criminal offense. The penalties that could be imposed could be detrimental to your military career and civilian life and may even result in you losing your freedom.

Regardless of your situation, it is always best to hire an experienced military defense lawyer who understands the legal complexities of the military justice system. Contact the Law Office of Hibbeler & Associates immediately to learn how you can schedule a free 30-minute case evaluation so we may professionally evaluate your case and determine what legal options are available.

Why Do I Need to Hire a Military Defense Lawyer to Represent Me?

If you have been accused of a military criminal offense, you are probably feeling overwhelmed and terrified that your freedom may be taken away. Even though all military branches offer legal services to those accused of crimes, hiring a military defense attorney to represent you is always in your best interest.

Some of the most significant advantages of hiring a military defense lawyer include:

• An in-depth understanding of the military justice system, as the rules of evidence and procedures in military courts are not the same as those applied in civilian courts
• Comprehensive experience with military law, including an in-depth understanding of military regulations and penalties for offenses
• Identify and utilize military-specific defenses that may apply to the case
• Protect their client’s military career by utilizing solid defense strategies or advocating for alternative disciplinary action, such as reprimands, restriction, reduction in rank, or possibly administrative separation

Although many criminal defense lawyers may be eager to represent you, few have the legal experience and skills to safeguard your rights and freedom. Contact our knowledgeable military defense lawyers today to schedule a free case evaluation so we may review your case.

What is a Court-Martial?

If a soldier is accused of a crime, they will plead their case in a military court, called a court-martial. Like a civilian court, military members will have their guilt determined and face punishment if found guilty. Court-martial proceedings are used to try various crimes including, but not limited to:

• Theft
• Fraud
• Violent crimes
• Drug crimes
• Sex crimes, including sexual assault

There is typically a judge, prosecutor, and lawyer for the defendant. Although soldiers are entitled to free counsel, many pay for legal representation to receive the best defense possible. Securing the right Clarksville military criminal defense lawyer is vital since your future military career and veteran’s rights are at stake.

There are three types of court-martial, and which one a defendant is subject to will depend on the offense. For example, a summary court-martial trial is held for less serious offenses, including Article 15 violations such as being AWOL or drunk and disorderly. A general court-martial applies to offenses equivalent to civilian felonies. A special court-martial handles offenses similar to misdemeanors.

Our skilled military criminal defense lawyers represent clients in all types of court martial and would be honored to review your case and see how we can help.

What is Nonjudicial Punishment?

Nonjudicial punishment (NJP) is a military justice option authorized under Article 15 of the Uniform Code of Military Justice Article (UCMJ). Article 15 allows commanding officers to discipline soldiers for misconduct without needing a court martial.

Nonjudicial punishment is used when administrative measures cannot properly address minor offenses that do not warrant a court martial. Examples of minor offenses include destroying government property, reporting late to duty, underage drinking, and petty theft.

Nonjudicial punishment can include:

• Forfeiture in pay
• Arrest in quarters
• Reduction in rank
• Reprimand
• Extra duty
• Correctional custody

For infractions that qualify for NJP, a service member typically is not entitled to have defense counsel. However, a service member may be subject to a court-martial requiring solid legal representation for serious violations such as drug offenses or other crimes.

What Disciplinary Action Can Service Members Face for Military Offenses?

The type of disciplinary action that service members can face for civilian or military offenses depends on the violation in question. For example, service members in the Army or Air Force who violate military law can receive maximum penalties under Article 15, which include:

• Reduction in rank by no more than one grade
• Confinement for up to eight days
• Extra duties for up to 45 days
• Loss of security clearance
• Forfeiture of one-half of pay for up to two months
• Remanded to correctional custody

Service members may face adverse administrative actions for even more serious offenses, including dishonorable discharge and loss of military retirement benefits. Another action that service members may face is administrative discharge, where individuals are involuntarily separated from the military without going through a court-martial trial.

Any adverse actions can negatively affect your life during and after your time in the military is over. Therefore, one of the best steps to protect your military career, freedom, and reputation is to hire an attorney with significant military law experience. Our defense lawyers understand the legal issues and needs of service members dealing with the military justice system and will fight to safeguard your rights.

To learn how these laws apply to your specific case or for help navigating the complex process, trust our Clarksville military criminal defense attorneys at the Law Office of Hibbeler & Associates.

How Does Article 31 Protect Military Service Members?

Article 31 of the Uniform Code of Military Justice (UCMJ) is comparable to civilian rights under the Fifth Amendment and protects service members from self-incrimination. It guarantees that service members have the right to remain silent during questioning or military investigations and not feel coerced into incriminating themselves.

Article 31 also dictates that service members must be informed of the nature of the accusations lodged against them before they can be questioned. They must also be advised that any statement they make may be used against them during their court martial.

Additionally, the UCMJ stipulates that any statement obtained through a violation of Article 31 or by the use of coercion is not admissible in a court martial. If a convicted service member believes their Article 31 rights were violated while under investigation or during trial, they have the right to petition for a new trial or request clemency.

It is critical to understand your legal rights in a military case. If it is determined that your Article 31 rights have been violated, we can ask that evidence, including incriminating statements, be excluded. If the prosecution’s case relies heavily on evidence obtained in violation of Article 31, our defense lawyers may be able to have the charges dropped or reduced.

If you feel your rights have been violated or need help handling your case, contact our military defense lawyers, who will fight to safeguard your rights. Our lawyers can provide the defense counsel you need to help reduce the negative impact criminal charges may have on your military career.

What is the Burden of Proof in a Military Court?

Under military law, the prosecution must meet the burden of proof by providing sufficient evidence that the accused is guilty beyond a reasonable doubt. The legal standard of “beyond a reasonable doubt” ensures that service members are not unfairly convicted of crimes they did not commit. Just as in civilian court, evidence the prosecution presents must prove without question that the defendant is guilty.

In court-martial trials, three-fourths of the jury must agree that the defendant is guilty for the individual to be convicted. However, if the court-martial involves the death penalty, all members of the jury must be unanimous.

The number of jury members in a court martial trial depends on the trial type. For example, in a general court-martial, the jury must comprise at least eight members; however, in a general court-martial involving the death penalty, there must be 12 jury members.

Finally, just as in civilian criminal trials, military defense lawyers can argue that specific evidence should be excluded, work to cast doubt on the validity of witness testimony, and provide evidence that establishes their client’s innocence.

Our law firm is passionately committed to helping service members who are dealing with military cases. When you come to us for help, we will carefully examine the evidence against you to determine what legal strategies will give you the most significant advantage.

Can a Court-Martial Be Appealed?

Article 66 of the Uniform Code of Military Justice dictates that there shall be a Court of Criminal Appeals for each armed forces branch. The Court of Criminal Appeals is made up of military judges who sit in three-member panels to review cases.

The Court of Criminal Appeals hears military cases in which service members have received a dishonorable or bad-conduct discharge, been dismissed, sentenced to at least two years of confinement, or been given the death penalty.

The court will carefully review all evidence presented at trial to determine whether the findings and sentence are legally valid and whether an appropriate sentence was imposed. The Court of Criminal Appeals has the authority to set aside the lower court’s findings and may decide to reduce the original sentence. However, the appeals court may not impose a more significant sentence.

Depending on the decision issued by the Court of Criminal Appeals, service members may try to have their case heard before the highest military court, the Court of Appeals for the Armed Forces. This military court comprises five civilian judges appointed by the President of the United States, each serving for 15 years. However, this court’s only function is to review decisions from the lower military courts.

Due to the legal complexities and other issues involved in court-martial appeals, it is always best to hire defense counsel familiar with the appeals process. The Law Office of Hibbeler & Associates has lawyers with comprehensive experience handling military law and would be honored to review your case.

Why Should I Hire the Law Office of Hibbeler & Associates for a Military Defense Case?

As military personnel, you have helped Americans secure their freedom and maintain the rights outlined in the U.S. Constitution. Ironically, there may be times when you need help preserving your own freedom and legal rights. Our law firm recognizes that often, individuals make mistakes that can negatively affect them for the rest of their lives and need qualified legal representation to resolve their issues.

The Clarksville criminal defense attorneys at the Law Office of Hibbeler & Associates understand your complicated situation.

If you are a service member currently under investigation or facing charges, you must hire a lawyer immediately. Like civilian criminal trials, you can face harsh penalties and other legal repercussions, such as losing your military retirement benefits if you are found guilty during a court martial.

Hiring the Law Office of Hibbeler & Associates to handle a military defense case offers clients many advantages, including:

• 20+ Years of Combined Experience
• Free Case Evaluations
• Individualized Legal Solutions
• Military Personnel Discounts

Our team of lawyers has helped defend soldiers in Tennessee and Kentucky against various crimes. If you have been charged with a crime on a military base, we can help you during this challenging time. We are one of few law firms in the area focusing on military law and have extensive experience representing active-duty service members. We also offer discounts to military personnel.

Contact the Law Office of Hibbeler & Associates at 931-236-2711 to schedule a free 30-minute case evaluation. We will then assess your case professionally to determine what legal options will provide the most significant advantages.