Fort Bragg Military Defense Attorney

Fort Bragg Military Defense Lawyer

Criminal charges can seriously derail your life, no matter who you are. If you are a member of the military, the consequences can be uniquely far-reaching. It can jeopardize your career, reputation, and future. If you are at Fort Bragg and facing a military trial, you should enlist the help of an experienced Fort Bragg military defense attorney.

About Aaron Meyer Law

Aaron Meyer is an attorney and former Marine with extensive experience and success defending military members against criminal charges. His experience in military justice has taught him that the system is designed to produce convictions. Bad actors can easily exploit this to take advantage of an accusation to meet their own ends.

Aaron Meyer is based in California, but he is committed to helping military clients from coast to coast. He is the single most successful West Coast military defense attorney in United States history in terms of full jury trial acquittals, and he is prepared to bring his skills to your defense.

Court-Martial: Military Court

When a military member is accused of a crime, the military justice system has jurisdiction over the case. The military’s internal judicial process is called a court-martial. A court-martial is essentially a tribunal of military members, mirroring a civilian judge and jury, that is convened to try the defendant.

There are three levels of courts-martial: a summary court-martial, a special court-martial, and a general court-martial. These are delineated as follows: 

• Summary court-martial. This level of court-martial is for minor offenses that are serious enough to be addressed but not serious enough to warrant a full trial. For example, a first-offense domestic violence accusation might result in a summary court-martial. These proceedings are usually quick, and a guilty verdict is not tantamount to a criminal conviction.
• Special court-martial. A special court-martial may be convened to deal with accusations of insubordination, absence without leave (AWOL), or assaulting a superior officer. Proceedings for a special court-martial can last much longer and are more akin to a civilian trial. A special court-martial may not try capital offenses.
• General court-martial. A general court-martial is the most serious type of military trial, usually employed for felony-level crimes like murder. This court can hand down the most severe sentences, up to and including the death penalty, as applicable for the offense in question.

Why a Military Member Might Face a Court-Martial

There are nearly 49,000 active-duty service members at Fort Bragg, and many of them have families. The number of military family members in the area exceeds 98,000. Because military members are people just like the rest of the population, legal issues are bound to arise.

Military members may face a court-martial for any offense that would incur a criminal charge for a civilian. In addition, service members can be charged with offenses specifically related to military service, such as AWOL, desertion, or insubordination. In addition to penalties like jail time and hard labor, punishments for court-martial convictions can include demotion, docked pay, or even dishonorable discharge from the military.

The Court-Martial Process

The process of convening a court-martial begins with an accusation. When a military member is accused or suspected of an offense, an internal investigation begins.

More serious accusations may result in longer investigative periods with more officials involved. If accusations are substantiated, the officer in charge of the investigation can submit a recommendation for prosecution.

If the charges are serious enough for a general court-martial, there is a preliminary hearing. In this hearing, the charges are read, and both sides can present and cross-examine witnesses. If the case proceeds, the next step is to convene the court-martial panel. This is the military counterpart to a jury.

After the panel is selected, the case proceeds much like a civilian criminal trial. Both sides present their arguments and evidence before the panel. The most significant difference between court-martial proceedings and a civilian criminal trial is that the Uniform Code of Military Justice dictates what evidence is admissible.

After the closing arguments, the panel deliberates and attempts to reach a verdict. For non-capital offenses, the panel must reach a consensus of three-fourths in order to deliver a verdict. For capital offenses, the panel must agree unanimously.

Hire a Military Defense Attorney

If you are facing a court-martial, your essential first step is to hire a military defense attorney. Although the military justice system is designed to protect service members, it can be exploited.

Miscarriages of justice can happen just as easily in the civilian legal system. That is why you need experienced and strong counsel on your side. An attorney can be the difference between having your case dismissed and the end of your career.

FAQs

Q: When Should I Contact a Military Defense Attorney?

A: You should contact a military defense attorney as soon as you know, or even suspect, that you might be accused of misconduct. The sooner you begin gathering evidence and building a defense, the better chance you have of achieving a desirable outcome. Even if your case is dropped, being prepared can make all the difference.

Q: Where Do Court-Martial Proceedings Take Place at Fort Bragg?

A: At Fort Bragg, court-martial proceedings take place in courtrooms at the Fort Bragg Courthouse. It was designed and built for the purpose of military judicial proceedings. The courthouse is located at 3625 Normandy Drive in Fayetteville, North Carolina. Civil matters and other judicial proceedings are also handled there.

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

A: A military defense attorney can represent you if you are potentially facing a general court-martial and speak on your behalf. At this hearing, the accused has the right to be physically present in the courtroom with their lawyer to hear the accusations and cross-examine witnesses. An attorney can increase the chances of a positive outcome.

Q: Can I Appeal a Court-Martial Verdict?

A: Yes, you can appeal a court-martial verdict. If your case involves a jail sentence of more than one year or a discharge, it is automatically sent to the appeals court for review. The review process involves looking back at the trial to make sure proper procedures were followed. If need be, appeals can be escalated to the U.S. Court of Appeals for the Armed Forces or even the Supreme Court.

Contact Aaron Meyer Law

Military members should not have to defend themselves against criminal charges alone. Aaron Meyer is committed to obtaining justice. Contact our office today to discuss your case.