A military lawyer represents active duty military personnel, reservists, and ex-military with veteran status. Most military law cases involve court-martial proceedings under the Uniform Code of Military Justice and reemployment rights for reserve military personnel who may be called to active duty. If you fall into any of the above categories and have been charged with a crime, you should call an attorney who is familiar with these types of cases. Only an attorney who is familiar with the way the military conducts its court proceedings can give you a fair chance of defeating the charges against you.
Your rights as a defendant
The first thing to remember when accused of a crime is to remain silent. The rights of the defendant in military proceedings says that the defendant has similar rights to civilians in civilian courts. His other rights include the right not to incriminate himself, as well as the right to know about the alleged crimes before any questioning begins. In addition, as part of his rights, as in civil cases, he is granted the right to a free military lawyer when questioned as a suspect in any crime.
So when you are ever asked questions regarding a crime you have been charged with, you should always exercise your right to remain silent and ask to see a military attorney who can help you resolve the situation.
An independent military defense attorney is offered regardless of whether or not you are able to pay for the attorney. You, as the defendant, can also hire a civil attorney if you choose to pay for it. Or you can even ask for a specific military adviser, who can help you if he is available at the time of your hearing.
You have the right to be represented by your attorney at the hearing when a determination regarding pretrial incarceration is made and during all court-martial sessions.
The attorney will help you understand the crime you are charged with, as well as the repercussions you will face if you are convicted of the charge. It is his attorney’s job to be by his side every step of the way so that he is adequately defended and hopefully, if he is innocent, he can be cleared of all charges.
if he is convicted
If he asks for military advice and is convicted, all hope is not lost. The military lawyer will help you with the appeal process through the military courts of appeals and possibly all the way to the Supreme Court of the United States.
Now you know when to call a military lawyer and what to expect if you are ever convicted of a crime while on active duty, in the reserves, or as a veteran of the armed forces.
