Fort Hood Court-Martial Defense Lawyer
Experienced Court Martial Defense with Proven Results
Are you facing a potential court-martial? If so, you could face consequences such as a reduction in rank, forfeiture in pay, confinement, loss of benefits, and the possibility of ending your career. If convicted of a sex crime, you may also face mandatory sex offender registration as an additional penalty.
Military commanders use their discretion when determining whether an offense warrants no action, administrative action, nonjudicial punishment or trial by court-martial. Court-martial is a foundation of military law, as it refers to both the military court and its legal proceedings. Its function is to determine whether an armed forces member is guilty or innocent and administer the proper punishments as outlined in the Uniform Code of Military Justice (UCMJ).
You may be wondering what your options are when facing an investigation for UCMJ (Uniform Code of Military Justice) violations or other offenses. At such a difficult time, you can turn to the Law Office of Wade Faulkner, PLLC for the legal help you need. Our Fort Hood court-martial defense attorney is qualified and authorized to handle cases across the globe.
The first step in any military offense case is an investigation. A preliminary hearing (Article 32, UCMJ) will be conducted where it is determined whether or not you have committed a crime. This investigative process can take up to two years, during which time our firm can work to develop your court martial defense.
Depending on the circumstances of your alleged offense, you may be subject to a summary court-martial (held for minor accusations), special court-martial (more serious and limited by penalties of up to one year of confinement and six months of reduced pay), or general court-martial (the highest court which hears the most serious cases and carries the most severe penalties).
The US Department of Defense defines the three types of courts-martial in detail as follows:
Summary court-martial: As the least serious court-martial, a summary court-martial handles minor offenses where only enlisted soldiers are tried. If you are facing a summary court-martial, a single officer will oversee your hearing. Since you have no right to counsel, you can opt to hire a private attorney such as our Fort Hood court-martial defense lawyer. Your penalty will depend on your rank but is significantly less severe than that imposed by a special or general court-martial.
Special court-martial: This is an intermediate-level court-martial that handles more serious charges and is limited by penalties of up to one year of confinement and six months of reduced pay. A special court-martial consists of a military judge alone or a minimum of three members and a judge. In addition, there is a prosecutor, also called the “trial counsel,” and defense counsel present. You may request representation by either a civilian counsel or military counsel.
General court-martial: The military’s highest court that hears the most serious cases and carries the most severe penalties. Before any charge is sent to a general court-martial, an Article 32 investigation must be conducted, and, upon completion, an Article 32 officer will recommend how to navigate the disposition of charges. A general court-martial is composed in two ways: A military judge and at least five members, or a military judge only. You may choose a trial by solely a judge unless you’re facing capital charges, and may request a minimum of one-third enlisted membership.
Accusations We Handle
The Law Office of Wade Faulkner, PLLC represents clients in court-martial proceedings for all types of accusations no matter where they're located, including but not limited to:
- Sexual assault
- Domestic violence
- Drug crimes
- Unauthorized absence
When your future is at stake, we recommend that you take appropriate action by enlisting the services of a military defense lawyer whose sole aim is to protect you, your reputation, and your best interests. While JAG officers are available to you, they may not be the best option if you need an aggressive defender. Luckily, our Fort Hood court-martial defense attorney is not restricted by case overload or inexperience, and strives to do everything possible to help you avoid a court-martial. If that is not possible, we will work to ensure that your court-martial defense is handled with the utmost care, thoroughness, and professionalism.
Phone us at (254) 946-3388 to speak to our Fort Hood military criminal defense attorney in a free case review. We are qualified to serve Killeen, Bell County, and military installations around the world.