Arizona Military Lawyer – Phoenix, Tucson, Glendale & Yuma – Court Martial Defense
Patrick J. McLain, Judge Advocate and Attorney at Law
9304 E Raintree Dr #100e
Scottsdale, AZ 85260
Phone: (623) 738-1703
Hours: Monday to Friday, 8:00 am to 5:00 pm
We Answer our Phones 24/7 for Emergencies
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Aggressive Military Defense Attorney for Court Martial & War Crimes – Former Marine & JAG
Charged with a crime in the military? If you are facing court martial, NJP, an administrative separation hearing, allegations of sexual assault or officer misconduct, contact our military defense law firm. Our office is located nearby in Scottsdale just outside of Phoenix, and this office serves the entire state of Arizona. Patrick McLain, the founder of or firm, is a civilian military lawyer with over two decades of experience as a practicing attorney. McLain has helped thousands of men and women save their careers, freedom, and reputation after facing disciplinary action or trial in the military.
At any given time, there are thousands of military personnel located on bases in Arizona, doing their jobs. When you are facing a military charge of any type or you need help dealing with a physical evaluation board, you need an attorney who will represent you aggressively and who understands the Uniform Code of Military Justice (UCMJ). While you are entitled to a military-appointed attorney, you have the right to hire a civilian attorney and should definitely pursue that route if you have the means.
Why Hire a Civilian Military Attorney Instead of Free Legal Counsel Appointed by the Military?
Because a civilian defense attorney is only fighting to defend you, not juggling the political circumstances surrounding the charges against you or worrying about the ramifications that a verdict might have on their career, you should hire a civilian and not simply the person appointed to you. A private attorney is only fighting to pursue your best interests, and they are not limited to some of the protocol that military-appointed counsel are.
McLain is the ideal defense attorney for military charges because he has experience as a prosecutor for the Navy, as defense attorney in the Navy, and as a JAG. Beyond that, McLain has years of experience defending people in civilian court with serious criminal charges against them. If you are looking for the best civilian defense team to handle your case, you found them.
Types of Cases we Defend in Arizona
- PEB Appeals
- Article 32 Hearings
- Special, Summary, and General Courts Martial
- Sex Crimes
- Conduct Unbecoming an Officer
- Positive UA
- Desertion & AWOL Charges
- Theft of Government Property
- War Crimes
We can handle these cases and many more across the state.
Physical Evaluation Board
Service members often suffer injuries while fulfilling their roles. These injuries can be compounded if you are required to return to your original duties too soon. In some cases, you feel ready to resume your duties and you have been told you are not ready. Some may even be told that they cannot continue their service or fulfill their duties, but are capable of doing so. An incorrect judgment on disability can ruin your career, or put you in danger if you are forced to return and are not ready.
Career military members retiring may face difficulties obtaining the services and medical care they need because their injuries are not being adequately evaluated. A mental health condition like PTSD that is undiagnosed or exaggerated to the point of forced disability can also be fought via PEB appeal.
In all of these cases, you will be required to face a physical evaluation board.
Having an attorney independently review your case and obtain an independent medical evaluation can make a lot of difference in how your future in and out of the service proceeds.
Non Judicial Punishment (NJP)
Under Article 15 of the UCMJ, matters which are considered violations but not serious enough to warrant court-martial are handled by your commanding officer. Because of the higher level of proof required for court martial you are probably better off requesting this process versus accepting NJP. This must be done before a punishment is actually handed down; Soldiers, Sailors, Airmen and Marines all understand the possible career ramifications of an Article 15 mark on their records which is why it is important to consult with an attorney to protect your rights. While you do not have the right to have an attorney present for NJP, you still maintain the right to consult with an attorney regarding your rights before you decide to take that route.
If you have been offered NJP as an alternative to court martial, don’t get pushed into making a decision you will regret. Please, consult with our law firm first so that we can see what the best option is for your case based on all of the evidence and other facts surrounding your case.
Drug Use & Positive UA on Phoenix Military Bases
Random drug testing is conducted in all branches of the military. However, what these tests do not take into consideration is the various over-the-counter medications, which can result in false-positive readings on urinalysis tests. Drug use is taken very seriously in the armed forces, and the punishment for a conviction could mean the end of your career or worse. You could be facing time in a military prison as well as a dishonorable discharge. For career military members, this could mean a significant loss of benefits as well as other punitive (monetary fines) measures.
When you know you have not willingly violated the drug use rules for the military, having a defense attorney who will fight aggressively on your behalf is critical; you should not risk your future by depending on an attorney assigned to you by the very people who are leading the prosecution against you.
Military Courts Martial Defense
Military members do not give up the right to remain silent when they are stopped and arrested by a military law enforcement agent. When you are asked to go to the Naval Criminal Investigative Service (NCIS) office, you should exercise this right.
There are three types of court martial, increasing in severity as follows: summary, general, and special. If you are facing a special courts martial, or are under Article 23 investigation, the charges they are gathering evidence against you for are extremely severe and you need to get a military defense team on your side asap.
The only telephone call you should make is to your attorney. You should be read specific rights including being told why you are being questioned (nature of the accusation), informing you of your right to remain silent and advising you that any statement you do make could be used against you at a court martial.
You must also be advised that you have the right to contact, speak to and have an attorney present during questioning; this is where civilian law comes in – your Miranda Rights cannot be violated. Remember, should you be remanded to custody, you have the right to have a hearing within 48 hours; your attorney can advise you further of how this will proceed.
Sexual Assault & Rape Charges
Nonconsensual sex allegations and court-martial prosecutions for sexual assault are increasing in number, as there is more awareness of the impact on men and women in uniform. Just because you are facing sexual assault charges does not mean you are guilty; however, more frequently, you may be considered guilty until proven innocent. This is especially true with allegations of rape, which sometimes occur even when the alleged act was consensual. Unfortunately in the military, just like in many corporate environments, people sometimes make false accusations against a coworker for political reasons.
This is naturally a knee jerk reaction to more scrutiny of these charges. While you have the right to have a military attorney provided to you at no charge, you should seriously consider hiring a civilian attorney with experience defending military cases.
Oftentimes, a civilian attorney does not have the same restraints that pertain to questioning and cross-examining witnesses in a sex crime case, has more time to devote to your case and can often bring a new perspective to your case.
AWOL – Desertion Charges in Arizona
Family issues and medical health issues can lead to someone not returning from their authorized leave on time. Once you have been away without official leave for a period of 30 days, you are considered a deserter.
Whether you have been stopped and charged with either of these offenses or you are currently AWOL or are considered a deserter, you can still turn yourself in to officials. Before you have a hearing before a military court or you turn yourself in, contact an attorney. This is imperative because oftentimes an attorney can help minimize the potential punishment you are facing if they understand what led to your actions.
War Crimes Charges in Phoenix
One of the most serious charges you could be facing while serving in the armed forces is a war crime. A guilty finding can result in life in prison or possibly a death sentence. These charges are not to be taken lightly. You need an attorney who knows what questions to ask you, can identify the root of the charges and can mount an aggressive defense at a court martial.
Never take the risk of losing your freedom due to war crimes charges. Immediate contact with an attorney is your right and before you make any statement or answer any questions, you should exercise that right.
Arizona Area Military Bases we Serve Regularly
- Barry M. Goldwater Air Force Range – this Glendale, Arizona base was formerly known as Luke Air Force Range and originally established in 1943. The base covers 1.9 million acres of land and is home to 4,800 military and civilian employees as well as 6,700 military families.
- Camp Navajo – this Bellemonte, Arizona base is home to the 1404th Transportation Company, 362nd Ordinance Company, 819th Sapper Engineer Company, 856th Military Police Company, and the 194th Engineer Detachment this base was established in 1942. The primary purpose at that time was fighting Japanese forces in the Pacific. There are nearly 900 people stationed on base.
- Papago Park Military Reservation – this Phoenix base was established April 21, 1930 by Public Law 92 of the 71st Congress this base is home to the Joint Forces Headquarters for the Arizona Army National Guard (AZARNG). PPMR also hosts operational National Guard units at the installation.
- Davis-Monthan Air Force Base – established in in 1925 as Davis-Monthan Landing Field and his home to 355th Fighter Wing assigned to Twelfth Air Force and the Air Force Materiel Command’s 309th Aerospace Maintenance and Regeneration Group (AMARG). The base is located in Tucson, Arizona and the AMARG is considered a “boneyard” for excess government and military aircraft. The base population is comprised of 6,500 active duty members, 8,159 family members and 1,589 civilians. Visit the official Davis Monthan AFB website to learn more about the facility’s history or to get contact information.
- Laguna Army Airfield – Yuma Proving Ground – Originally, the Yuma Proving Ground was established in 1850 as Fort Yuma and was renamed Yuma Proving Ground in 1963. Testing for primary ground weapon systems for the Persian Gulf War took place at this base. The base population is comprised of 1,700 active duty and civilians; in addition, 2,000 Yuma County residents work at the base.
- Luke Air Force Base – The city of Phoenix leases the 1,440 acres covering Luke Air Force Base to the government for $1 per year and has since 1941. The Glendale, Arizona base is home to the 56th Fighter Wing, the Air Force’s only active-duty F-16 training wing. Visit the official Luke AFB website to learn more about the F-16 & F-35 Heritage FLT Teams, news, and upcoming events.
Other bases in the Phoenix area include the Marine Corps Air Station in Yuma, Sky Harbor Air National Guard Base and Tucson Air National Guard Base.
The Military’s Economic Impact on the Greater Arizona & Phoenix Area
Arizona is home to 20 military installations totaling 24 million square feet of Department of Defense-owned installations. The economic impact is real; according to the Arizona Commerce Authority, during 2015 $9.3 billion in federal contracts.
Contact a Defense Attorney for Military Crimes in Arizona
Contact Patrick J. McLain, Judge Advocate and Attorney at Law today to schedule a free consultation for allegations of crimes in the military. No case is too big or small. Call (623) 738-1703 now to schedule an appointment or contact us online to schedule a time.