Camp Lejeune Court Martial Lawyer

Understanding Your Court Martial Rights

As a service member facing a court-martial, it’s essential to understand that you are entitled to certain basic legal rights. You have rights similar to those guaranteed to all U.S. citizens under the Constitution, as well as specific rights under the UCMJ.

Some of the many important rights that service members are entitled to include the legal right to:

• Be informed of the charges you’re facing;
• Be informed of your right to remain silent;
• Be informed of your rights against self-incrimination;
• Be informed of the purpose of the investigation;
• A fair and impartial trial;
• Cross-examine witnesses during your trial;
• Be represented by a free military attorney or a paid private attorney;
• Call upon witnesses during your trial if they meet certain criteria;
• Present evidence during your trial if it meets certain criteria; and
• Appeal your conviction to a higher military court, if found guilty.

Defense Strategies for Court-Martials

The defense strategies used in court-martials will always depend on the specific charges and circumstances of each case. However, they’ll often focus on challenging the validity of the evidence against the person accused of the offense or on challenging the procedures followed during the investigation.

Some common defense strategies that a civilian-military defense attorney may use in a court-martial include:

• Lack of intent or mens rea: Demonstrating that the accused did not have the required intent to commit the crime.
• Insufficient evidence: Challenging the prosecution’s evidence or witnesses as unreliable or lacking.
• Self-defense: Claiming the accused acted in defense of themselves or others.
• Duress or coercion: Showing the accused was forced or threatened into committing the offense.
• Mental health: Arguing the accused lacked mental capacity or was suffering from mental illness at the time of the offense.
• Unlawful command influence: Asserting that military command improperly influenced the case, which could affect the fairness of the trial.
• Procedural errors: Errors made during the trial or investigation could damage the integrity of the case and result in the charges being dismissed.

How an Experienced Military Defense Attorney Can Help

An experienced military defense lawyer can be a crucial asset if you’re facing a court-martial. They bring in-depth knowledge of military law and the UCMJ, as well as the specific rules and procedures that govern court-martial trials. This knowledge and experience allow them to navigate the military justice system efficiently, ensuring that your rights are protected at every stage of the process.

From conducting thorough investigations, gathering evidence, and preparing a strong defense to representing you during hearings and trials, an experienced military defense attorney like Aden Wilkie is fully equipped to challenge the prosecution’s case.

At The Wilkie Law Group, our attorneys’ experience in handling similar cases also allows them to foresee potential challenges and address them proactively, ultimately increasing your chances of a favorable outcome. With our support, you can be confident that your case will be handled with the care and diligence necessary to protect your future and military career.

Civilian Defense Lawyer vs. Military Defense Counsel (JAG)

When facing a court-martial, service members have the option to be represented by military defense counsel, also known as JAG (Judge Advocate General), or they can hire a private civilian defense attorney. While both options provide you with necessary legal representation, it’s almost always preferable to hire a civilian attorney with experience handling military criminal defense cases.

This is because JAG attorneys often have a high caseload, which may limit the amount of individual attention they can give to your case. Meanwhile, civilian defense lawyers who focus on defending military personnel offer more personalized service. These private attorneys often have extensive experience not only with military law but also with criminal defense in civilian courts, and since they typically handle fewer cases at once, civilian defense lawyers can dedicate more time and resources to building a robust defense strategy tailored specifically to your case.

If you have been accused of a serious crime in the military, the focused and dedicated attention provided by civilian defense lawyers can offer you a significant advantage in the courtroom.