Military Criminal Lawyers

Military Criminal Lawyers

Military criminal lawyers, also known as judge advocates or JAGs, specialize in defending service members accused of crimes under the Uniform Code of Military Justice (UCMJ). They provide legal services related to military law, including courts-martial, non-judicial punishment, administrative separations, and appeals.

Overview of Military Justice System

The military justice system is separate from the civilian criminal justice system. It is governed by the UCMJ, which Congress enacted in 1950 to standardize disciplinary rules across all branches of the armed forces. The UCMJ details crimes unique to the military, such as desertion, as well as military-specific procedures like courts-martial.

All active duty service members are subject to the UCMJ at all times, even when off duty or on leave. The UCMJ applies worldwide, during peacetime and war. The military justice system serves to reinforce good order and discipline essential to the armed forces. It holds service members accountable for misconduct that could undermine the military mission.

Key Principles

• Commander-driven: Commanders initiate courts-martial and impose non-judicial punishment per the UCMJ
• Separate system: The military justice system is distinct from civilian criminal justice system
• Worldwide application: The UCMJ applies to service members worldwide at all times
• Portable jurisdiction: Service members remain subject to the UCMJ even after discharge for offenses committed on active duty

Courts-Martial

Courts-martial are criminal proceedings authorized by the UCMJ to determine a service member’s innocence or guilt for offenses under military law. Courts-martial can result in federal convictions and harsh sentences including confinement and punitive discharge. There are 3 types of courts-martial:

Summary Court-Martial

• Not considered a federal criminal conviction
• No jury, only a single commissioned officer presides
• Can adjudicate minor misconduct punishable by up to 1 month confinement

Special Court-Martial

• Federal criminal conviction
• Military judge and jury of at least 3 service members
• Can impose up to 1 year confinement and a bad conduct discharge

General Court-Martial

• Felony-level court-martial and federal criminal conviction
• Military judge and at least 5 jury members
• Can impose any lawful sentence authorized by the UCMJ, including death (rarely used)

Courts-martial proceedings closely resemble civilian criminal trials. Defendants have the right to military counsel, to present a defense, and to confront witnesses. However, juries are composed of service members instead of civilians.

Non-Judicial Punishment

Non-judicial punishment allows commanders to discipline service members for minor misconduct without a court-martial. Often referred to as an “Article 15,” it can result in punishments like reduction in rank, forfeiture of pay, or extra duties. While non-judicial punishment is not a federal conviction, it leaves a permanent mark on a service record that can affect future promotions and assignments.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Role of the Military Criminal Lawyer

Military criminal lawyers serve as defense counsel to represent service members facing courts-martial or non-judicial punishment. They are judge advocates (JAGs) appointed to defend the accused. Duties include:

• Analyzing charges and identifying defenses
• Representing clients at Article 32 hearings (preliminary hearings)
• Negotiating pretrial agreements to secure favorable terms
• Gathering evidence and preparing cases for trial
• Examining witnesses and arguing motions during courts-martial
• Presenting clemency matters post-trial to reduce sentences
• Filing appeals through the military justice system

In general courts-martial and other complex cases, service members may request an experienced military lawyer of their choice to serve as Individual Military Counsel (IMC). The IMC represents the client alongside the appointed defense counsel.

Civilian criminal defense attorneys can also represent clients in military courts if they meet qualifications to practice law before the military justice system. Unlike appointed military counsel, civilian lawyers are retained at the client’s expense.

Common Military Crimes and Defenses

Military criminal lawyers frequently handle cases involving the following offenses:

Absent Without Leave (AWOL) / Desertion

• AWOL: Unauthorized absence from duty
• Desertion: Absence with intent to remain away permanently
• Defenses: Lack of intent, failure to advise of duties, mental condition

Assault / Battery

• Assault: Threat to do bodily harm
• Battery: Offensive touching / physical violence
• Defenses: Self-defense, consent, accident, misidentification

Drug Offenses

• Use/possession: Illegal drugs, prescription drug misuse
• Distribution: Selling or transferring illegal drugs
• Defenses: Lack of knowledge, false positives, entrapment

Drunk on Duty

• Performing duties while impaired by alcohol
• Defenses: Not impaired, improper testing procedures

Failure to Obey Order or Regulation

• Violating or failing to obey authorized orders
• Defenses: Order was unlawful, no duty to obey order

Sexual Assault

• Sex offenses like rape, sexual assault, aggravated sexual contact
• Defenses: Consent, mistake of fact, false allegations

Administrative Separations

In lieu of courts-martial, commanders can pursue administrative separation of service members for misconduct, especially cases involving minor offenses. Reasons include drug abuse, commission of a serious offense, pattern of misconduct, or fraudulent enlistment. There are three types of discharge:

• Honorable: Separated per service regulations, professional performance satisfactory
• General: Separated under honorable conditions, performance issues
• Other Than Honorable (OTH): Separated under conditions other than honorable, misconduct was a contributing factor

OTH discharges can deprive veterans of benefits and carry a stigma. Military defense lawyers play a crucial role in administrative separations by arguing against discharge or for more favorable discharge categorizations.

Appeals

Military verdicts and sentences can be appealed through the military justice system, not civilian courts. Post-trial appeals address legal errors that prejudiced the outcome or excessive sentencing based on the facts. Common grounds for appeal include:

• Lack of jurisdiction
• Unlawful command influence
• Denial of speedy trial
• Double jeopardy
• Ineffective assistance of counsel
• Insufficient evidence
• Unduly harsh sentence

Military appellate lawyers submit appeals to the Air Force or Navy-Marine Corps Court of Criminal Appeals, then the Court of Appeals for the Armed Forces (CAAF), and finally the Supreme Court. Clemency requests to reduce sentences can also be submitted at various levels of command.

Why Hire a Military Lawyer?

Facing military justice action can utterly devastate a service member’s life and career. The consequences of courts-martial or punitive discharge are severe. A conviction affects benefits, future employment, and the ability to own firearms.

Military defense lawyers offer service members the best chance at securing the most favorable outcome possible. Their expertise with courts-martial, defenses, and appeals helps service members understand the process and protect their rights. They identify procedural issues, mount aggressive defenses, negotiate plea deals, and build effective sentencing cases. Their knowledge of the military justice system facilitates the strongest defense.

For service members navigating military justice action, a dedicated military defense lawyer provides critical advice and advocacy. They are an invaluable guide through the complex military legal system. Military criminal lawyers understand courts-martial inside and out, safeguard service members’ rights, and fight to achieve the best result.

Conclusion

The military justice system is unique in its procedures and offenses, requiring specialized legal knowledge to navigate. Military criminal defense lawyers are essential advocates for service members facing courts-martial, non-judicial punishment, or administrative separation. They analyze the government’s case, identify defenses, negotiate pleas, and challenge convictions on appeal. Their expertise in military law and relentless commitment to service members makes them indispensable allies in military justice proceedings. With so much on the line, service members deserve the strongest defense counsel available to protect their future.