why would a civilian need an attorney

Full Answer

Why hire a civilian lawyer?

Civilian attorneys have spent years focusing on a specific practice area. They have accumulated hundreds of hours in courtrooms defending their clients. They don’t back down from a challenge during cross-examination.

How do I choose a civilian defense attorney?

In selecting a civilian defense attorney, you have the power of choice, and you can pick someone with the right personality, experience, time, and anything else that is important to you. It is critical that you find a military lawyer who is the right fit for you.

How much does it cost to hire a civilian attorney?

You may want to hire a civilian attorney but, as you probably understand, it costs money to do that. Most good firms require between $4,000 and $10,000 as an initial fee. A serious trial can cost more than $25,000 in legal services.

When to consult a civilian attorney for a police investigation?

You can consult the civilian attorney while you are under investigation and potentially being asked to be questioned by law enforcement rather than after the fact. If a question can lead to self-incrimination, your civilian attorney will instruct you to invoke your Article 31 rights.

How much does it cost to hire a civil attorney?

You may want to hire a civilian attorney but, as you probably understand, it costs money to do that. Most good firms require between $4,000 and $10,000 as an initial fee. A serious trial can cost more than $25,000 in legal services. Even a special court-martial or administrative hearing can cost more than $10,000.

What happens if you don't pay back military academy?

If you don’t pay, the military can sue you once you have been separated from the military and ruin your credit.

What happens if you get separated from the military?

For anyone separated through a court-martial or with an OTH, all of the good work you have done in the military will be cancelled out, so that your years spent in the military will actually become a huge negative on your résumé. You will lose your retirement.

Can you expect mercy from the prosecution?

In spite of the legal presumption of innocence in a court room, you should expect to be presumed guilty by your chain of command and everyone in the legal office. You can’t expect mercy or pity from the prosecution or the command.

Do military convictions show up on a background check?

Most employers do background checks these days, and a military conviction or OTH separation will show up on the report. For example, if you lose a drug case, you will likely be unable to get a security clearance with any civilian employer.

What does MJA do during a court martial?

During a normal consultation with a servicemember facing a court-martial, MJA will generally instruct the servicemember to meet with a Judge Advocate at the Defense Service Organization to get a free consultation from them as to their legal matter.

Can a civilian defense attorney interview a servicemember?

Furthermore, once a servicemember hires a civilian defense attorney, and that attorney provides a notice of representation to the command, then neither the command nor law enforcement can interview or interrogate the servicemember, unless the civilian defense attorney consents to such an interview.

Do civilian defense attorneys accept credit cards?

Also, many civilian defense attorneys – and, certainly MJA – are open to providing a payment plan to help spread out the cost to the servicemember. Moreover, many civilian defense attorneys accept credit card payments, which help defray the cost of attorney fees over time.

What happens to you in a court martial?

What happens to you in a court-martial not only affects your military career, but also affects your ability to find work as a civilian. An other-than-honorable discharge, Federal conviction and prison time are viewed poorly by employers, making it difficult for you to get a civilian job and move on.

Do I need a lawyer for military charges?

Not all military legal matters require a civilian attorney, but if you’re facing a serious charge such as desertion, insubordination, sexual assault or manslaughter, hiring one can make a significant difference in your defense.

Workload

I take the cases I want to take, and I purposely keep my number of pending cases low enough to enable me to have personal interaction with each client and time to fully prepare their cases. When I worked in the Army Trial Defense Service, I took every case that came through my door because that was my job.

2 for the price of 1

You could accept one free attorney, or your could have two for the price of one. If you choose to hire a civilian defense attorney, you usually keep your detailed military counsel (uniformed counsel) at no charge. This means that you have the power to assemble a team of attorneys to help you through a very difficult time in your life.

You choose a civilian lawyer, but your assigned counsel is chosen for you

Your detailed defense attorney is appointed to your case based on who is available at the time. No consideration is given to personality, experience, time, or your preferences. You get who you get, and that generally remains unchanged.

Experience

At the time I left active duty as a Major and Senior Defense Counsel, I was told that I would never be in the courtroom again due to the amount of time I already spent as a prosecutor and defense counsel (in short, I’d already “checked the block” in the courtroom).

Civilian counsel are not part of the Armed Forces

My priority is trying to secure a positive result for my client. Period. Civilian counsel are not deterred by rank, a chain of command, or a supervisory chain of responsibility. Civilians are not worried about the next evaluation report or upcoming promotion.

No Boundaries Advocacy

Within the ethical rules that apply to all attorneys in the United States, I do what is necessary to fully represent the interests of my client. Military assigned counsel are often subject to restraints on representation by their chain of command, such as limitations on approaching members of the press. I have no chain of command.

Everyone in Uniform is Against You

The simple truth is that everyone in uniform is against you. Commanders are losing their jobs daily because they exercised their authority to stand up for a person accused of a crime. In Japan, two commanders have been relieved of their command in the last few weeks.

Who Should I Choose to Defend Me?

Many civilian attorneys are immune from the pressures of the chain of command. You want to make sure your civilian defense counsel has the courage to confront unlawful command influence.

What if My Case is Small?

With all of the attention on sexual assault cases, others facing different charges will feel lost. Command is just as likely to derail the career of a soldier wrongfully accused of drug use as much more serious offenses.