Being accused of a crime while serving in the military can be both overwhelming and complicated. As a service member, your responsibilities extend beyond your personal life to defending your country. At the same time, you likely want to provide stability and care for your family. A criminal conviction, however, can disrupt your career and personal life, leading to consequences within both the legal system and the military. If you are facing charges, the first step is to seek a skilled military defense lawyer who can guide you through the process and build a strong defense for your case. Below, we address some common questions to help you understand your rights and options.
FAQs
What If the Military Assigns Me an Attorney?
In many cases, the military will provide you with an attorney at no cost. While this may seem like a convenient and reliable option, it is crucial to evaluate the attorney assigned to your case. Take the time to ask questions and assess their ability to handle your defense effectively. Although military-appointed attorneys are often well-trained and committed, you may want to explore the possibility of hiring a civilian military attorney to ensure the best representation for your unique situation.
What Should I Do If I Was Read My Rights?
As a service member, you have the same rights as any U.S. citizen, including the right to avoid self-incrimination. Regardless of your rank or whether you believe you are innocent or guilty, you are not obligated to speak to law enforcement officers. The best response is to invoke your right to legal counsel. If a commanding officer or police officer requests your cooperation, such as participating in an interrogation, providing a urine sample, or allowing a search of your property, you have the right to consult your attorney before complying with these requests.
Do I Have Rights During a Court-Martial?
Absolutely. At a court-martial, you are entitled to several important rights that protect your ability to present a defense. These include:
- The right to plead not guilty to the charges against you.
- The right to confront and cross-examine witnesses.
- The right to raise objections and present a defense.
- If you are enlisted, the right to have at least one-third of the court members also be enlisted personnel.
What Qualities Should I Look For in a Military Defense Attorney?
When choosing an attorney, look for someone who is transparent about your case and provides a realistic assessment of your situation. While no attorney can guarantee a victory, the right attorney will work diligently to create a compelling defense tailored to your case. Choose a lawyer who treats you with respect and maintains open communication throughout the legal process.
Final Thoughts
If you are facing criminal charges while serving in the military, it is essential to act quickly. A military defense lawyer can provide guidance and help you navigate the complexities of military law. Contact a military attorney, such as one from The Federal Practice Group, to discuss your case and start building your defense strategy.