Court-Martial Trial Practice Blog
Military service is a noble calling, but it can also lead to complex legal situations. When facing accusations or disciplinary actions, having experienced legal representation is crucial. Cave & Freeburg, LLP stands firmly behind service members across all branches (Army, Navy, Marine Corps, Air Force, and Coast Guard) with a proven track record of success in a wide range of military legal issues. Here’s how Cave & Freeburg, LLP can be your military defense lawyer and advocate:
1. Court-Martial Defense:
A court-martial is a serious matter that can result in a dishonorable discharge, imprisonment, and a ruined career. Cave & Freeburg, LLP brings decades of combined experience to your defense. Their attorneys have a deep understanding of the Uniform Code of Military Justice (UCMJ) and extensive experience navigating the complexities of court-martial trials and appeals. They will:
- Analyze your case: They meticulously examine the charges, evidence, and potential violations of your rights.
- Develop a strong defense strategy: This may involve challenging the evidence, negotiating a plea bargain, or building a case for dismissal.
- Represent you throughout the process: From pre-trial motions to hearings and the trial itself, they will be your relentless advocate.
- Fight for the best possible outcome: Their goal is to secure an acquittal, dismissal of charges, or a reduction in punishment.
2. Non-judicial Punishment (NJP) (Article 15):
Even an NJP, often considered a lesser penalty, can have significant consequences for your career. This is so even though an NJP is not a conviction. There are many civilian employers who are not aware of that distinction and think you have a “conviction.” Also, we now live in a military culture where there is little to zero tolerance for “defects.” The days when the purpose of NJP was to hold someone accountable but also allow them the chance to recover and go on to a better career are mostly gone. Nowadays, that first NJP can result in administrative discharge and a black mark on your military service. As military defense counsel, Cave & Freeburg, LLP can help you navigate this process by:
- Advising you of your rights: Explaining your options under the UCMJ and at an NJP proceeding.
- Negotiating with the command: They can work towards a more favorable outcome, potentially reducing the severity of punishment.
- Preparing a strong response: They will help you craft a compelling response to the allegations, mitigating the potential impact on your record.
3. Administrative Discharge Proceedings:
Facing an administrative discharge, or for officers a board of inquiry, is stressful and uncertain. Cave & Freeburg, LLP can guide you through this process by:
- Understanding the grounds for discharge: There are various reasons for administrative discharge, and they will ensure you understand the specific allegations against you.
- Fighting for a more favorable characterization: The discharge characterization (honorable, under honorable conditions, etc.) significantly impacts future opportunities. They will strive for the most positive characterization possible.
- Exploring all options: In some cases, they may be able to negotiate a retention in service or pursue other avenues to protect your career.
4. Military Justice Matters Beyond Court-Martial:
Cave & Freeburg, LLP’s expertise extends beyond court-martial defense. They can assist with a variety of other legal issues faced by service members, including:
- Line of duty investigations: If injured on duty, they can ensure you receive proper benefits and representation during investigations.
- Security clearance issues: Security clearances are vital for many military careers. They can help you navigate security clearance suspension or revocation proceedings.
- Military separation boards: They can guide you through the separation board process and fight for a fair outcome.
The Cave & Freeburg, LLP Advantage:
- Extensive Experience: With over 43 years of combined experience, they have a proven record of success in complex military legal matters.
- Nationwide & International Reach: They represent clients stationed across the U.S. and overseas, ensuring accessibility regardless of location.
- Relentless Advocacy: They are dedicated to protecting your rights and fighting for the best possible outcome in your case.
- Free Consultation: They offer a free consultation to discuss your situation and explore your legal options.
Taking Action:
Don’t face military legal challenges alone. Contact the military defense lawyers at Cave & Freeburg, LLP today. Their experience allows them to prepare and guide you through the legal process and fight for your rights. We have represented clients from E-1 through O-9. In representing these clients we have looked for creative ways to favorably resolve the issues and get a positive result. Because our loyalty is to the client only, we don’t have to worry about what our uniformed supervisors or colleagues think of our work, strategy, or willingness to appropriately challenge authority. We are not looking over our shoulders to see how our representation might affect our next promotion or assignment–you are the only person we are responsible to. Over the years we have reviewed thousands of law enforcement investigations, FAP reports, and records of trial. With our unwavering dedication and proven track record, you can be confident that you have a strong advocate in your corner.