Louisiana Military Lawyer – New Orleans – Baton Rouge – Court Martial Defense
Oakdale Louisiana Office
Patrick J. McLain, Judge Advocate and Attorney at Law
Oakdale, LA 71463
Phone: (318) 933-3933
Military Attorney Defending Louisiana Court Martial & UCMJ Violations
When you’re facing charges under the Uniform Code of Military Justice (UCMJ) there is much more at stake than minor disciplinary action or a slap on the wrist. Your entire military career is in jeopardy; your reputation is tarnished and your family’s sacrifices will have been in vain. The first thing you need to know if you’ve been accused of a crime is that you have a right to hire a civilian military defense lawyer; from the minute you’re questioned to the minute the case is resolved. While the military may offer you an attorney at no cost, it is in your best interest to hire an attorney with your best interests in mind and not their career or politics. Patrick McLain is a military lawyer with over 20 years of experience. He served as a JAG lawyer in the Marine Corps, as a prosecutor, and as a defense attorney in the military.
If you are under investigation or have been charged with a crime in the Navy, Marine Corps, Army, Coast Guard, or Air Force call our military law firm to schedule a free consultation. You need the best military attorney on your side, and McLain is the most qualified for the job.
Cases We Defend Include
- Court Martial
- Sexual Assault
- PEB Appeals
- Officer Misconduct
- Article 32 Investigations
- Positive UA for Drugs
- Nonjudicial Punishment (NJP)
Louisiana Court Martial
If you have have been summoned to a court martial or hearing for court martial in Louisiana, you need to find a defense attorney quick. There are three distinct types of courts-martial defined by the UCMJ, and each of them proceeds in a similar manner: summary courts martial, general courts martial, and special courts martial. Initially, you may find out you are under Article 32 investigation or you may simply be read the charges against you. This is considered the pre-trial state and this is when you need to get an attorney involved, especially for an Article 32 hearing which precedes a special courts martial for the most severe UCMJ violations. Depending on the severity of the charges against you, there may be an effort to confine you until such time as a hearing may be conducted.
Oakdale LA AWOL/Desertion Defense
Family issues, mental health issues and other personal problems often lead service members to leave their base. Unfortunately, after 30 days of unauthorized separation, you will be reported as a deserter. The penalties for being AWOL or being classified as a deserter are harsh. You could be facing immediate and punitive discharge, be facing jail time and may be forced to face a court martial. The sooner you contact an attorney after being AWOL the more likely we are to be able to help.
Physical Evaluation Board Legal Help
Regardless of whether you are facing challenges with your tenure because you are being asked to perform tasks that are beyond your physical capacity or you are being told you can no longer perform certain tasks we may be able to appeal the final decision. Other areas of assistance include helping those who are being inaccurately evaluated for disability which can be costly in terms of benefits and medical care granted after separation from service. Too often, service members are told their conditions are pre-existing, allowing the military to deny disability or health care benefits.
War Crimes Defense
As an active military person, you are often placed in harm’s way. In addition to protecting yourself, you also have an obligation to protect others in your unit and to follow orders. Sometimes, these actions can lead to war crimes charges; even when you believe you have done everything right. If you have been charged with violating the Geneva Convention, violating the Rules of Engagement (ROE), murder, taking hostages, pillaging or taking property of prisoners, you are charged with a war crime.
It is important to ensure you are not tried in the court of public opinion through the media; hiring an attorney immediately is a must. An aggressive military defense attorney is necessary to protect you from long-term confinement, dishonorable discharge and even death.
Non-Judicial Punishment Defense
You could be facing direct discipline from a commanding officer for disobedience of military orders, disrespect to military superiors or traffic violations among other infractions. Often you will be given the choice between NJP and a court martial; only a court martial will allow you to have an attorney present. Even if a punishment has been levied against you, you are granted the right to appeal a decision.
Drug Use/Positive UA Oakdale LA
All branches of the military have a zero tolerance for any type of drug use. Often, commanding officers conduct random urine tests, particularly after holidays and other types of leave. There have been many cases where ingestion of a prohibited substance occurs; particularly if you are taking over-the-counter medications. Before you can be found guilty of a drug charge, the military must be able to prove you knowingly and consciously took a drug.
Sexual Assault/Rape in the Military
Facing any type of sexual assault charges or rape charges is devastating, particularly if you know you have done nothing wrong. Too often, a date ends with charges of assault or rape and the problem comes in when it is your word against the word of the victim. You need an attorney who will review all of the evidence against you, review witness statements and mount an aggressive defense on your behalf. It is imperative you work with an attorney immediately upon finding out you are being investigated or have been charged with sexual assault or rape.
Military Bases in Louisiana we Serve
Louisiana has a rich military history and is home to several military bases. If you need a Louisiana military lawyer, we serve all of the bases in Louisiana whether active duty, retired, or separated or discharged including:
- Barksdale Air Force Base – located in Bossier Parish, this base has been open since 1932 and today, those who are stationed here continue to be a force in dealing with the war on terror. The estimated population at Barksdale includes 9,100 military and civilian personnel, 5,800 family members and 25,000 retirees.
- Camp Beauregard – located in Rapides Parish, this is where the Louisiana Army National Guard is trained and housed. This base was opened in 1917 and covers 25,000 acres of land. This base also is home to the National Guard Youth Challenge Program and has been since 1993. They’ve graduated more than 8,000 cadets since that time.
- Naval Air Station Joint Reserve Base New Orleans – located just outside New Orleans, Louisiana in Plaquemines Parish, this base is home to Marines, Naval Reserves, National Guardsmen and Civil Air Patrol to name a few. Located near Lake Ponchartrain in 1941, this base was relocated in 1957. This base is also home to the oldest and largest state charter school on a DoD installation which serves more than 900 students.
- Fort Polk – This Army training post located in Vernon Parish, Louisiana was established in 1941. It remains the only US Army Combat Training Center responsible for training and deploying combat and combat support units. During the second quarter of fiscal year 2016, Fort Polk was home to 31,873 members of the armed forces and their families. In addition, another 16,168 were reported to live within 25 miles of Fort Polk during the 2015 fiscal year.
The Military’s Economic Impact on New Orleans
Economically, the military has a significant impact on the state of Louisiana. An estimated 4.35 percent of employment and nearly $300 million in state and local taxes were tied to the military during 2012. By some estimates, the military is responsible for more than 80,000 jobs across the state. There are an estimated 24,000 military retirees in Louisiana and more than 300,000 veterans.
Contact Patrick McLain Today
Need a military lawyer in Louisiana? Call(318) 933-3933 now to schedule a free consultation with Patrick McLain, an aggressive, experienced, and accomplished attorney who is also a former Marine. When the cards are stacked against you, McLain is the man you need on your side.