Fort Hood Military Defense Attorney

Fort Hood Military Defense Lawyer

Being charged with a crime can derail your life, regardless of who you are. For military service members, the effects can be particularly far-reaching. It can put hard-earned careers, personal reputations, and future job prospects at risk. If you are at Fort Hood and facing a potential or confirmed court-martial, you could benefit from the help of an experienced Fort Hood military defense attorney.

About Aaron Meyer Law

Aaron Meyer is an attorney and former Marine with an exceptional track record in military court. His experience in the world of military justice has taught him that the system is designed to produce convictions. While the intentions behind the process may be noble, outcomes do not always represent justice.

Aaron Meyer is based in California, but he offers his services to military members around the country. He holds the distinguished honor of being the single most successful military defense attorney on the West Coast in terms of client acquittals. Our firm is ready to help you seek justice.

Court-Martial: Military Court

The military automatically has jurisdiction over any case involving a service member, and they must be handled internally. The military’s judicial process is called a court-martial. This involves convening a jury of military members, called a panel, and a military judge to hear the case.

There are three kinds of courts-martial: a summary court-martial, a special court-martial, and a general court-martial. These are tiered by severity of the charges at hand, and each deals with different categories of offenses: 

• Summary court-martial. A summary court-martial may be convened for minor offenses that are not serious enough to warrant a full trial. Even if the accused is found guilty, that finding does not constitute a criminal conviction. Punishments are usually relatively light, but may include demotion or short-term confinement.
• Special court-martial. The next level is the special court-martial, which is authorized to handle offenses like insubordination, absence without leave (AWOL), or assaulting a superior officer. The proceedings are usually much more involved and time-consuming than a summary court-martial.
• General court-martial. A general court-martial is the most serious kind of military trial, with the gravest possible punishments for conviction. This kind of court-martial is usually reserved for felony crimes, such as murder or capital military-related offenses like desertion.

Why a Military Member Might Face a Court-Martial

Wherever there are large numbers of people, there will be some degree of legal trouble requiring judicial action. Fort Hood is a large military installation with over 38,000 active service members along with their families. Military members are not immune to criminal charges. If they get in trouble, they face a court-martial instead of a civilian court.

Personnel may find themselves facing a court-martial for any action that would result in criminal charges for a civilian. In addition, service members can also face charges for offenses like AWOL, desertion, insubordination, and other violations that are specific to military life.

Sentences for court-martial convictions may include:

• Jail time
• Hard labor
• Demotion
• Docked pay
• Dishonorable discharge

The Court-Martial Process

When a military member is accused of misconduct or criminal action, the military begins an internal investigation. If the accusations are found to be legitimate, the investigating officer can give a recommendation saying that formal charges should be filed.

Before a general court-martial, a preliminary hearing is held. The hearing is similar to a civilian grand jury that precedes a major criminal trial. At the hearing, the prosecution and defense can present evidence and cross-examine any witnesses. If the case is allowed to proceed, the panel is selected for the court-martial.

In the presence of the panel members and the military judge, the case proceeds similarly to a civilian criminal trial. After the arguments are finished, the panel deliberates and decides on a verdict. For non-capital offenses, the panel must reach a three-fourths consensus. Capital offenses require unanimity.

Hire a Military Defense Attorney

If you are a service member accused of misconduct or criminal activity, you should hire a military defense attorney. The military justice system is designed to be impartial and promote order. However, it can be subject to miscarriages of justice just the same as the civilian legal system. A skilled attorney who works well under pressure can help you protect your career and your reputation.

FAQs

Q: At What Point Should I Contact a Military Defense Attorney?

A: You should contact a military defense attorney as soon as you know, or even suspect, you might be facing charges. Even if the accusations are completely unfounded, the sooner you can begin building a defense with the help of your lawyer, the better chance you have to successfully refute them.

Q: Can a Military Defense Attorney Represent Service Members in Any Branch?

A: Yes, a military defense attorney can represent you no matter your branch of the military. Military judicial proceedings are governed by the Uniform Code of Military Justice, and the laws apply equally to each branch. The most important thing to consider when hiring a military defense lawyer is their experience level and track record.

Q: Can a Military Defense Attorney Represent Me During a Preliminary Hearing?

A: Yes, your defense attorney can and should accompany you to the preliminary hearing ahead of your court-martial. The hearing is a chance to present evidence and ask questions to help build your defense. You can also show that the accusations are unfounded and have the case dropped. At this hearing, you have the right to be present with your lawyer and participate in the process.

Q: Can I Appeal a Court-Martial Verdict?

A: Yes, you have the right to appeal a court-martial verdict. For military cases, there is a robust appeals system meant to safeguard against miscarriages of justice. If your case involves a jail sentence of more than one year or discharge, it is automatically sent to the appeals court for review.

Contact Aaron Meyer Law

If you are facing the prospect of a court-martial at Fort Hood, you may be feeling stressed or overwhelmed. This time in your life may be challenging, but you do not have to navigate it alone. Aaron Meyer is an experienced military defense attorney committed to obtaining justice for those who defend our freedom. Contact our office today to discuss your case.