Coast Guard Defense Attorneys
Protecting Your Rights Against Military Criminal Charges
Like every other military branch, the United States Coast Guard is governed by the Uniform Code of Military Justice (UCMJ). Under the UCMJ, a Coast Guard member or officer accused of misconduct will have those allegations investigated by the commanding officer or the Coast Guard Investigative Service, the federal law enforcement agency empowered to investigate wrongdoing in the Coast Guard.
The Coast Guard is significantly smaller than the other military branches, with less than half the number of active duty members compared to the Navy or Air Force Reserve. But despite its small size, hundreds of Coast Guard members and officers face some form of military justice every month.
In the second quarter of 2018 alone, non-judicial punishment was imposed 142 times. Members were sentenced to over $16,000 in pay forfeiture, over 2,700 days of restriction, and more than 2,100 days of extra duty. These penalties are only a fraction of what members convicted at trial by court-martial received.
Facing a court-martial or criminal accusation in the U.S. Coast Guard? Don't face it alone. Call Law Office of Patrick J. McLain, PLLC today at (888) 606-3385 or contact us online for a strong legal defense!
Experienced Defense for Coast Guard Service Members Facing Serious Charges
A conviction at trial by court-martial can cost you everything: your career, your freedom, and, in the most serious cases, your life. But if you fight back, you can avoid a conviction altogether.
The first step towards winning your trial by court-martial is obtaining a tough, experienced defense counsel who will never be intimidated. Attorney Patrick J. McLain is a retired Marine Corps military judge with the experience to take on any case the U.S. Coast Guard may bring.
We defend members of the U.S. Coast Guard against all types of criminal accusations, including:
Where We Work
- USCG Base Kodiak
- USCG Sector Juneau
- USCG ATC Mobile
- USCG Air Station Los Angeles
- USCG Air Station San Francisco
- USCG Group Humboldt Bay
- USCG Sector LA-Long Beach
- USCG Sector San Diego
- Coast Guard Academy
- USCG Sector Long Island Sound
- USCG Air Station Miami
- USCG Sector Jacksonville
- USCG Sector Key West
- USCG Sector Honolulu
- USCG Air Station Cape Cod
- USCG Sector Boston
- USCG Sector Baltimore
- USCG Sector Northern New England
- USCG Station Boothbay Harbor
- USCG Sector Detroit
- USCG Sector Sault Ste Marie
- USCG Station Duluth
- USCG Station Elizabeth City
- Training Center Cape May
- USCG Sandy Hook NJ
- USCG Sector Buffalo
- USCG Sector New York
- USCG Station Montauk
- USCG Sector Columbia River
- USCG Sector Delaware Bay
- USCG Air Station Borinquen
- USCG Sector San Juan
- USCG Sector Charleston
- USCG Sector Corpus Christi
- USCG Sector Houston-Galveston
- USCG Sector Hampton Roads
- USCG Training Center Yorktown
- USCG Station Burlington
- USCG Sector Lake Michigan
Military Justice in the Coast Guard
Criminal prosecutors in the military justice system are known as trial counsel in the Coast Guard. When a case is referred to trial counsel by command, he or she reviews the evidence collected by CGIS or from other agencies before determining if charges are warranted.
If the trial counsel determines necessary charges, the member will receive notification of the pending court-martial. Coast Guard members have the right to counsel, and the Coast Guard Defense Services Division exists to coordinate legal counsel for members who need it.
Thanks to the Memorandum of Understanding between the Navy and the Coast Guard, the Navy provides Coast Guard members with legal counsel during court-martial cases, boards of inquiry, and administrative discharge boards. These defense attorneys are known as DSOs.
Your Rights at a Coast Guard Court-Martial
During a Coast Guard court-martial, you have rights provided by the UCMJ and the Constitution of the United States. It is important to note that you have protections above and beyond those granted to defendants in civilian courts.
The Constitutional rights that protect you include:
- The right to avoid self-incrimination;
- The right to face your accuser;
- The right to call witnesses;
- Presumption of your innocence;
- Protection against unlawful search and seizure;
- The right to a fair and speedy trial; and
- Protection against double jeopardy.
The rights guaranteed by the UCMJ expand well beyond those guaranteed by the Constitution. First, protections against self-incrimination are far more robust under the UCMJ than the Miranda warning required in civilian cases. In civilian cases, law enforcement is only required to inform a defendant of their rights when they are in custody, and there is no requirement that they inform the defendant of the charge currently under investigation. According to Article 31(b) of the UCMJ, a Coast Guard member must have his or her rights read whenever questioned, and law enforcement must inform the Coast Guard member of the specific charges.
Another difference between the protections in civilian court and under the UCMJ involves the right to an attorney at government expense. While all defendants are entitled to legal counsel in the civilian system, the government only picks up the tab when the defendant can show he or she cannot afford an attorney. Under the UCMJ, all Coast Guard members are entitled to free defense counsel.
Despite having the right to a DSO at no cost, hiring civilian defense counsel may give you the best chance of prevailing at trial. While DSOs are capable attorneys, only civilian Coast Guard defense lawyers can provide the resources and experience you need to have the best chance at avoiding a conviction.
Direct Consequences of a Conviction
If you are convicted at trial by court-martial, you may face nine forms of potential punishment. The sentence you face will largely depend on (1) the evidence against you brought by trial counsel and (2) the case your defense counsel can present.
Potential penalties for a court-martial conviction include:
- Reprimand
- Fines
- Restriction
- Forfeiture
- Hard labor without confinement
- Reduction in grade
- Confinement
- Punitive discharge
- Death
A conviction isn't necessarily the end of your case; you have the right to an appeal. In certain cases, a conviction will automatically be taken under appellate review.
Those cases include:
- Dishonorable discharge
- Bad conduct discharge
- Dismissal (Officers)
- Confinement for over one year
- Death
Just like at trial, you are also entitled to a Coast Guard criminal defense attorney during the appeals process. To discuss your appellate options with an attorney who knows how to win on appeal, contact Patrick J. McLain.
Protect your future and your military career. Speak with an experienced Coast Guard defense attorney to start building your defense.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
Collateral Consequences of a Court-Martial
In addition to the penalties formalized in the UCMJ, there are other collateral consequences that come with a conviction at trial by court-martial. In some cases, these consequences can haunt you long after your military career is over. This is due in part to the fact that some court-martial convictions are treated as felonies under the laws of certain states.
As a convicted felon, you could face any of the following in civilian life:
- Difficulty obtaining housing
- Difficulty maintaining employment
- Losing the right to vote or own firearms
- Repayment of enlistment bonuses, and/or
- Repayment of educational benefits.
Remember, if you win at trial, the above-mentioned consequences never become a reality.
To get started with fighting back against the charges you are facing, contact Coast Guard lawyer Patrick J. McLain today for a free phone consultation at (888) 606-3385.
OUR CLIENTS SAY IT BEST
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"Thanks to him I am now able to get on with my life."
It took some time to make it happen, but it did just like Patrick said, he is a hard charging guy that can help you get what you deserve, Thanks to him I am now able to get on with my life.
- Chip -
"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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"I highly recommend Brad Sauer and the entire team"I had an outstanding experience working with Brad Sauer. From start to finish, Brad was professional, knowledgeable, and incredibly dedicated to my case. He took the time to thoroughly explain my options, kept me informed throughout the process, and always made sure I felt supported. His expertise and attention to detail made a significant difference, and I couldn’t have asked for better representation. I highly recommend Brad Sauer and the entire team at the Law Office of Patrick J. McLain to anyone in need of top-tier legal assistance.- Anne
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"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C. -
"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
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"Amazing strength and integrity with the combination of experience, insight, and knowledge of military law."
I have found my lawyer Patrick McLain, to be honest, right to the point, consistently giving me realistic outcomes through the whole process of my case. He's definitely no nonsense, cut to the chase. As a client…I've never been left hanging; he makes sure all my correspondence is returned. He's got amazing strength and integrity with the combination of experience, insight, and knowledge of military law. He stands behind his words and expects the same in return. I say my blessings every day for him taking my case. With him as my attorney, I've achieved best possible outcomes.
- Gina F.
STAY UP TO DATE
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Understanding the Different Types of Court-Martials: Summary, Special, and General -
Military Appeals: Process and Tips for a Successful Appeal
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Navigating a Court-Martial: What to Expect and How to Prepare
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