Introduction

Being a part of the US Military is a matter of pride, and the numbers do not lie. Data from Statista reports that over 460,00 army and over 340,000 navy service personnel were on active duty in the year 2022. These numbers prove that citizens consider the military not just a means to serve the country but also a valid career.

Like every industry, the military has its own set of rules and regulations when it comes to crime. The Uniform Code of Military Justice, or UCMJ for short, is a set of laws that underpin the US military justice system. These laws, enacted by the US Congress, are applicable to all active duty members, as well as military academy students, reserve members, and the National Guard.

Being accused of a crime while on active duty can be a stressful scenario to a service person, and can be detrimental to both to their career and their reputation. In times like this, a military court will assign a Judge Advocate General (JAG) attorney if the defendant does not have access to a military defence lawyer.

One should always consider opting for an experienced military defence lawyer to fight for their rights, as they bring numerous advantages, some of which are outlined below.

1. Protecting the Defendant’s Constitutional Rights

Just like in other criminal or civil proceedings, the defendant has certain constitutional rights. In some instances, the rights of the defendant in a UCMJ action are comparatively greater than those in civil or criminal cases.

The assistance of a lawyer is vital in making sure the defendant’s rights are upheld. A defendant in a UCMJ action is entitled to the following rights:

• The right to remain silent;
• The right to a fair trial;
• The right to military counsel; and
• The right to the discovery of information relevant to the case.

An experienced military lawyer will ensure these rights are upheld.

2. Taking Part in Plea Agreements

There are instances where the defendant may have had a role to play in the incident that led to their charges. In such situations, a military defence lawyer will use their expertise in law to reduce the punishment the defendant receives.

The lawyer will take part in the plea agreement process, making sure that all parties involved come to a favourable decision. The defendant will be on the receiving end of punishment, but it will be comparatively less than the punishment they would have been awarded if the prosecution proved their side of the case.

3. Skilled Cross-Questioning

A service person is going to have a hard time during cross-examination if they do not have legal representation. A military defence lawyer will help the defendant in two ways:

• Prepare the defendant for cross-questioning by the prosecution; and/or
• Conduct cross-questioning to prove the defendant’s innocence.

The prosecution will work extra hard, as the burden of proof is on them. However, a skilled military defence lawyer should have the resources in their arsenal to tackle the prosecution’s questions.

4. Expertise in Military Law

Military law is complex. The service person may have trouble understanding what each law refers to, and how it works in practice. This, along with the added pressure of having to handle the accusation with their career potentially on ‘on-the-line’, can be very stressful.

A military defence lawyer has expertise in understanding the relevant laws and how to apply them in practice, aiding your case. Their expertise will help the defendant understand their rights and set the course for a (hopefully) successful trial.

5. Investigation and Evidence Analysis

Investigation and gathering evidence are crucial parts of an UCMJ action. Both sides need solid evidence to prove the other party’s guilt or innocence.

Reputable law firms have an extensive network of contacts who will be beneficial to the investigation process. Additionally, the defence lawyer will analyse the evidence submitted by the defendant and the evidence collected (by the prosecution) during the discovery process. This extensive analysis may reveal elements that a non-lawyer (and service person) might miss.

6. Helps Avoid Serious Consequences

The consequences of a UCMJ action are not limited to the defendant’s time in the military. It can range from minor punishments like loss of pay or withheld bonuses to more serious ones like dishonourable discharge, prison time, or even death.

Some punishments impact the defendant even after their time in the military, affecting daily aspects of their life (such as benefits as a veteran).

Hiring a military defence lawyer is the solution to aid in avoiding such life-altering repercussions.

Summary

A criminal charge on a service person’s record can be detrimental to their career, their reputation, and their life in general. It can be the cause of serious emotional stress, affecting relationships and overall mental health.

By hiring a military defence lawyer, the defendant can get some peace of mind knowing that someone who is not influenced by exterior elements is working hard on their case.