When most people sign up to serve in the military they do so as a way to fulfil their patriotic duty, seek out new opportunities, receive training or an education, etc. The reasons for joining are numerous but most people enter feeling optimistic and positive. That optimism is beneficial but it can cause a glossing over of some of the facts of military life. Questions go unasked and this can lead to some basic mistakes such as not understanding that by joining the military you do lose a level of freedom.

Freedom is Not as Free for the Military

The freedom of speech is one of the core tenants of the Constitution and it is something that many American’s are adamant about. The ability to say what you want to whomever you want, assemble and protest, write a letter to the editor, etc. are all ways that you can exercise your freedom of speech – unless you are in the military. Service members have some basic restrictions on what they can and cannot say.

What You Cannot Say

According to Article 88 of the UCMJ, 10 U.S.C. 888 military officers are not allowed to say anything that could be considered contemptuous, if it is said against military enlisted personnel, Congress or the President. This may not seem like a big deal, except that it is. If you are following the presidential campaign and decide to make comments against President Obama that are considered contemptuous, you could be in violation, even though that is where you stand politically. If you are having a disagreement with someone else in the military and share your “contemptuous” feelings with others, that could be a violation. In the 1990’s, service members were reprimanded for mocking President Clinton via email. More recently, service members have gotten in trouble for what they have said on blogs or social media. Even what you say on personal platforms counts and could land you in trouble.

Further Limits on Free Speech

The military code of conduct also includes a ban on speech that could be considered disrespectful or insubordinate of a superior officer. Speech that is unbecoming of an officer or that could be viewed as bringing dispute on the service is also not allowed. Some of this is common sense. For example, you cannot be overtly rude or disrespectful to a commanding officer and understandably that would land you in trouble. While being disrespectful in the civilian world would never create the need for a criminal lawyer in Las Vegas, it could create the need for a military lawyer. Respect is something that the military takes very seriously so these are charges that warrant seeking legal help.

Know What You Are Dealing With

It is wise to take the time to understand what the military code of conduct is prior to entering the military. For some people, limits on their freedom of speech are not worth it. However, millions of service members have had successful military careers within these guidelines after simply adjusting their expectations. Knowledge, however, is the key to success.

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Do you know anyone that is entering the military? Share this post with them so that they can avoid accidental violations.

If you are facing a court martial, you have options. First, you need to make sure that you are working with an experienced military lawyer that understands how to navigate through the military court system. This is entirely different from civilian court and the changes in procedure alone can create challenges for a novice attorney. As someone with JAG experience, Craig Drummond represents clients in military and civilian court equally well.

The Charges Impact Where You Will Be Tried

What you are charged with will make the biggest impact on whether or not you face court martial. For example, if you are charged with a DUI or assault off-base, you could be tried in civilian court and need the help of a criminal lawyer in Las Vegas. While you still could face penalties or reprimand, your trial could be held outside of the military justice system.

Options for Avoiding a Court Martial

If you are charged with a crime that is specifically related to the military code, you will need a military lawyer to represent you. In that case, your attorney could negotiate on your behalf prior to the trial starting, similar to entering a plea bargain in a civilian trial. In many cases you can make a request to be separated from the military in exchange for having the charges dropped. Once you are discharged, they will be. Additionally, if you are retirement-eligible, deciding to retire could be a far better option than facing a court martial. You should still receive your retirement benefits so there is no risk for you financially. For officers, there is one additional option and that is retiring at a lower rank. This is an administrative process and requires approval but it is worth serious consideration as a way to avoid more serious penalties.

Experience Matters

Just because you are accused of a crime and facing court martial, does not mean that you are guilty of committing one. When you are charged in military court, you are still innocent until proven guilty so if you want to fight the charges, you can and should. As long as you have an experienced military attorney on your hand that can build a strong case, you will have a good opportunity for having the charges dismissed or being found innocent. While there is never a way to predict what the results of a trial will be, you can be sure that having an attorney on your side will increase your chances of success.

Do you know anyone that has faced a court martial? What was their experience?

Understanding which laws govern your case.

No one wants to find themselves in the situation where they are accused of a crime and need a criminal lawyer in Las Vegas. This is especially true for anyone that is in the military. It can be confusing right off the bat just trying to understand who has jurisdiction. And then there is the arrest and possible conviction that can significantly influence your military career in addition to the civilian legal penalties that you face.

Understanding Military Jurisdiction

Anyone that is on active duty or is undergoing inactive –duty training is under the Uniform Code of Military Justice (UCMJ). If a military member is active, in the reserves or retired, they can fall under the UCMJ and its guidelines. However, there is an exception for those serving in the Army National Guard or the Air National Guard. Unless they are performing their Federal service (they’ve been called up), they are not under the UCMJ. So essentially if you are in boot camp, advanced training, on active duty or reserve from active duty, you are held accountable under the UMJ.

Worldwide Jurisdiction

One of the most important things to note is that the Uniform Code of Military Justice has jurisdiction at home and abroad. It does not matter where you are stationed, that code governs. In fact, this is why a code is needed in the first place. Since U.S. citizens cannot be regulated by U.S. laws abroad, the military code creates consistency for service members regardless of where they are physically located.

Who Will Try You: Military or Civilian Court

This is where it can get complicated and why it is wise to have an attorney that can handle your case both ways. As a civilian and military lawyer, Craig Drummond can represent you in both civilian and military courts. A former Captain in the U.S. JAG Corps, he understands military law, how it is interpreted and how it is applied so that you can receive the strongest possible defense. If the crime in question is specific to the military (compromising the mission etc.) you will be tried in military court without question. If, however, you are accused of committing a crime that is applicable to anyone, you could be tried in military court, civilian court or both. Typically speaking, you could have charges brought against you by both courts and they would then coordinate to determine who will prosecute you.

Warning: If you are tried in civilian court, your case is not over once a verdict is levied. You could still be punished by the military, even if the charges were dropped. Most civilian lawyers would have no understanding of how to handle this situation so you need an attorney who can handle both. A perfect example would be someone arrested and tried for a DUI in civilian court. The charges could be reduced to reckless driving but the military could still impose fines, require mandatory treatment, etc., regardless of what the civilian court does.