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?