Though you will have to pay out of pocket to hire a civilian attorney, it is a worthwhile investment when you consider everything you can lose in a court-martial. You can still retain your military-appointed attorney, but adding a civilian attorney gives you a level of legal knowledge you might not otherwise have.
A civilian attorney has experience taking criminal cases to trial. One of the biggest reasons to hire a civilian attorney for your military defense is that he or she has experience not only with military law but also with taking criminal cases to trial. You want someone who has deeper experience.Feb 25, 2021
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AnswerShould you hire a civilian attorney for a court-martial?
Though you will have to pay out of pocket to hire a civilian attorney, it is a worthwhile investment when you consider everything you can lose in a court-martial. You can still retain your military-appointed attorney, but adding a civilian attorney gives you a level of legal knowledge you might not otherwise have.
Why hire a civilian defense attorney during a military investigation?
Aug 22, 2014 · Civilian Court Martial Attorney - Why Hire a Civilian in a Military Case - A court martial is serious business & can ruin the rest of your life.
What happens if you get court-martialed in the military?
Feb 26, 2015 · While the government may provide you with legal representation in your court martial, our blog explains why you should consider retaining a civilian lawyer instead. Get Case Evaluation [email protected]
How do I choose a civilian defense attorney?
why hire a civilian legal counsel when facing a court martial? At Bilecki Law Group, We believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases …
How much does it cost to get a military attorney?
There is no charge for services provided by military legal assistance offices. All services provided by a military legal assistance lawyer are free to eligible personnel. If your legal problem involves costs or fees (for example, a filing fee to file a case with the court), you will probably have to pay these charges.Dec 3, 2020
Can civilians practice military law?
The simple answer to this question is yes, a civilian attorney can present and defend your case in front of a court-martial. ... The UCMJ, or Uniform Code of Military Justice does grad all active members of the military free representation by JAG lawyers in court-martial cases.
Can a person in the military choose their own lawyer?
Military service members that have been accused and charged with some sort of crime that will go to court-martial are given the option to use an appointed defense counsel, just as if they had been charged in civilian court.Feb 21, 2017
What happens after a court-martial?
In General Courts-Martial, service members face a wide range of punishments, including confinement, reprimand, loss of all pay and allowances, reduction to the lowest enlisted pay grade, a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal), restrictions, fines, and, in some cases, capital ...
What is a civilian lawyer?
Thus, a civilian lawyer is prepared for any and every eventuality, making him or her better prepared for the appeal process, be it in civilian court or court martial.
Can you request a court-martial?
The accused always has the right to be represented at court-martial by a detailed military defense counsel, who is provided at no expense to the accused. The accused also has the right to request, by name, a different military lawyer.
Does Jag handle civilian cases?
Further, our military lawyers at JAG Defense focus exclusively on military and security clearance legal issues, clients, and cases. These are not just collateral practice areas for our firm – they are our ONLY practice areas. We do not accept any other types of cases.
Can a military member Sue a commander?
Active-duty military service members may not file suit against the United States Army, Navy, or Air Force in federal court. ... United States, the Supreme Court created a judicial exception that bars active-duty members of the Armed Forces from suing the government via the FTCA.Apr 29, 2021
What is a jag in the military?
The Army Judge Advocate General's Corps (JAG Corps) is a different kind of law firm. Since its founding in 1775, the JAG Corps mission has been to represent the legal interests of Soldiers and the U.S. Army with unmatched strength, courage, character and commitment, and unsurpassed knowledge of the law.
Can a court-martial be overturned?
Appealing Convictions from Special and General Court-Martials. If you are convicted by special or general court-martial, your case will get automatically reviewed by the person who referred the case for court-martial. This person, called the "convening authority," has the right to mitigate the findings and sentence.
What can I expect at a court-martial?
A court-martial trial usually takes between two and six days, during which there will be a jury selection, opening statements, examination and cross-examination of witnesses, closing arguments, deliberations, announcement of findings, and the sentencing phase if there is a conviction.
How do you get out of a court-martial?
Options for Avoiding a Court Martial In many cases you can make a request to be separated from the military in exchange for having the charges dropped. Once you are discharged, they will be. Additionally, if you are retirement-eligible, deciding to retire could be a far better option than facing a court martial.
Two Attorneys vs. One
Time Constraints
- Your military defense attorney most often is perfectly competent to represent you. Perhaps you have a very straight forward case and your assigned lawyer is well versed in those types of cases. Then again, what if your case is particularly complex? Like public defenders, some military defense lawyers can be spread thin with large caseloads and may not always have the time to fu…
Years of Experience
- Another important factor in your decision should be a prospective attorney's experience. What you’re looking for is many years of experience handling your exact type of case. Also, while the military defense attorney assigned to your case may have strong credentials, he or she may also be younger and not as experienced in defending your type of case. Experience can make the diff…
Civilian Attorneys Have No Chain of Command
- A civilian military lawyer has no chain of command and doesn’t have to toe the line like many military defense attorneys. With that autonomy, civilian lawyers are able to more freely call out high-ranking military lawyers for misconduct without fear of retribution.
Questions to Ask Potential Civilian Attorneys
- If you've made up your mind and want to hire a civilian attorney, ideally you want an experienced attorney near you that you can trust. FindLaw has a directory of qualified military attorneys and you can also call the local bar associationin your state for more options. Once you are ready to interview attorneys, write down a list of questions. Below are some helpful questions to ask an a…
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