Civilian Court-Martial Defense Attorney
Defense for Court-Martial Summons, Article 32 Investigation Hearings & Trials
Did you recently receive an official Article 32 Investigation Hearing summons? Were you charged with a crime and served a notice of general, summary, or special court-martial? Our military law firm handles court-martial cases, defending service men and women across Texas, California, Arizona, Louisiana, Florida, and the USA. Our military lawyers defend people deployed or stationed overseas globally, including Middle-East locations like Afghanistan and Iraq; locations in Asia like Japan and South Korea; and in Europe.
Don't Get Pushed Into a Plea Deal if You Are Not Guilty!
Your chain of command or others may all be putting pressure on you to accept a plea bargain in a court-martial proceeding. It may even make sense for some servicemen and servicewomen who want out and don't care about the lifelong consequences of a court-martial conviction. I urge you to contact a court-martial lawyer who can defend you aggressively. I have decades of experience defending clients facing courts martial, in addition to experience as a Court-Martial Judge Advocate and member of the US Marine Corps.
Our clients are hard chargers—they are willing to fight for their military careers and their futures in civilian life. If you prefer, you can also send us an email online and we will get back to you ASAP.
If you are facing court-martial charges and you know you need an independent advocate with the experience, skill, and dedication to fight by your side, call the office of attorney Patrick J. McLain today at (888) 606-3385 now to schedule an initial consultation.
In general, just about any violation of UCMJ code, or allegation thereof, is eligible for prosecution via court martial. Some of the charges heard in a court martial that you will need a defense attorney for are below.
- Fraud and Larceny: Fraud and larceny charges in the military include robbery, theft of government property, theft by deceit, conspiracy to defraud the military, etc.
- Sex Offenses: Rape, sexual assault, solicitation, child pornography, etc.
- Drug Crimes: Drug charges defended in court martial include possession, distribution or sale of marijuana, meth, cocaine or other illegal substances as well as refusing or failing mandatory urinalysis (UA) testing
- Conduct Offenses: Insubordination,
The Court-Martial Process
Are you a service member accused of violations under the Uniformed Code of Military Justice Act (UCMJ)? You will be required to attend a special military criminal trial called a court-martial. Court-Martial are serious and could end your military career as well as have significant impacts on your civilian life after you leave the military. It is important to have an experienced military law attorney who can protect your interests and your future.
Patrick J. McLain is a civilian military attorney with extensive experience defending military personnel against UCMJ violations. As a former marine and retired court-martial judge, he understands the court-martial process and the steps required to obtain a successful outcome. If you are facing a court-martial, contact our Dallas law office to schedule an initial consultation.
Three Types of Court-Martial in All Branches of the Military
There are three types of court-martial in every branch of the military. Each are comprised of a different combination of members, each distinguished by the severity of the case they try.
- General Court-Martial: a general court-martial is reserved for the most severe types of military crimes. Before a general court-martial can take place, a preliminary hearing under Article 32 of the UCMJ must be conducted, unless the accused waives it. A general court-martial consists of a military judge and eight members of the military (or twelve members in a capital case), or only a military judge if the accused formally requests a judge-alone trial and the military judge approves. The maximum punishment in a general court-martial is life in prison or, for certain offenses, capital punishment. A general court-martial can impose a dishonorable discharge, bad-conduct discharge, or — for officers — a dismissal. If convicted, the accused may also be forced to forfeit all pay and allowances.
- Special Court-Martial: a special court-martial is the mid-level court, reserved for offenses more serious than minor infractions but below the threshold for general court-martial. A special court-martial consists of a military judge and four members of the military, or the accused can request to be tried by a military judge alone. An enlisted accused may request that at least one-third of the panel be enlisted members. A conviction at special court-martial can result in up to one year of confinement, forfeiture of two-thirds pay per month for up to a year, and — for enlisted members — a bad-conduct discharge. Officers can be confined and can lose pay at a special court-martial, but they cannot be dismissed from the service; a dismissal can only be adjudged at a general court-martial.
- Summary Court-Martial: a summary court-martial hears the most minor charges and is tried before a single commissioned officer. Only enlisted members can be tried by summary court-martial, and an accused who objects to that forum may have the case referred to a special or general court-martial instead. The maximum term of confinement is 30 days, no punitive discharge is available, and the maximum pay forfeiture is two-thirds pay for one month.
How Does NJP Differ From Court-Martial
A court-martial is a formal military criminal proceeding that can result in significant penalties, including confinement, loss of rank, or a punitive discharge. Nonjudicial punishment (NJP), by comparison, is a disciplinary process handled by a commanding officer and generally does not involve a criminal conviction or the same level of formal judicial proceedings.
Who Decides Whether You're Prosecuted
OUR CLIENTS SAY IT BEST
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"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 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. -
"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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"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. -
"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 -
"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 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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"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 Court-Martial Process
Are you a service member accused of violations under the Uniformed Code of Military Justice Act (UCMJ)? You will be required to attend a special military criminal trial called a court-martial. Court-Martial are serious and could end your military career as well as have significant impacts on your civilian life after you leave the military. It is important to have an experienced military law attorney who can protect your interests and your future.
Patrick J. McLain is a civilian military attorney with extensive experience defending military personnel against UCMJ violations. As a former marine and retired court-martial judge, he understands the court-martial process and the steps required to obtain a successful outcome. If you are facing a court-martial, contact our Dallas law office to schedule an initial consultation.
Three Types of Court-Martial in All Branches of the Military
There are three types of court-martial in every branch of the military. Each are comprised of a different combination of members, each distinguished by the severity of the case they try.
- General Court-Martial: a general court-martial is reserved for the most severe types of military crimes. Before a general court-martial can take place, a preliminary hearing under Article 32 of the UCMJ must be conducted, unless the accused waives it. A general court-martial consists of a military judge and eight members of the military (or twelve members in a capital case), or only a military judge if the accused formally requests a judge-alone trial and the military judge approves. The maximum punishment in a general court-martial is life in prison or, for certain offenses, capital punishment. A general court-martial can impose a dishonorable discharge, bad-conduct discharge, or — for officers — a dismissal. If convicted, the accused may also be forced to forfeit all pay and allowances.
- Special Court-Martial: a special court-martial is the mid-level court, reserved for offenses more serious than minor infractions but below the threshold for general court-martial. A special court-martial consists of a military judge and four members of the military, or the accused can request to be tried by a military judge alone. An enlisted accused may request that at least one-third of the panel be enlisted members. A conviction at special court-martial can result in up to one year of confinement, forfeiture of two-thirds pay per month for up to a year, and — for enlisted members — a bad-conduct discharge. Officers can be confined and can lose pay at a special court-martial, but they cannot be dismissed from the service; a dismissal can only be adjudged at a general court-martial.
- Summary Court-Martial: a summary court-martial hears the most minor charges and is tried before a single commissioned officer. Only enlisted members can be tried by summary court-martial, and an accused who objects to that forum may have the case referred to a special or general court-martial instead. The maximum term of confinement is 30 days, no punitive discharge is available, and the maximum pay forfeiture is two-thirds pay for one month.
How Does NJP Differ From Court-Martial
A court-martial is a formal military criminal proceeding that can result in significant penalties, including confinement, loss of rank, or a punitive discharge. Nonjudicial punishment (NJP), by comparison, is a disciplinary process handled by a commanding officer and generally does not involve a criminal conviction or the same level of formal judicial proceedings.
Who Decides Whether You're Prosecuted
YOUR CAREER IS WORTH FIGHTING FOR
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Charges DismissedUS Air Force Technical Sergeant Vindicated
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Retirement Saved
Navy LT’s Marijuana Use Forgiven
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Client Acquitted
US Air Force Staff Sergeant Demonstrates Entrapment
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Serious Charges Dismissed
Military Sexual Assault
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Plea Deal Accepted
Navy Senior Chief Saves Retirement in a “To Catch a Predator” Case
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Case Dismissed
Rape Case Against US Air Force Staff Sergeant
Contact an Experienced Court-Martial Lawyer
For more information regarding the court-martial process, please contact our military law office to speak with experienced lawyer Patrick J. McLain.
In serving your country, you are held to a higher standard of ethics than many civilians. You deserve the same high standard on your defense team. As a retired military law judge, court-martial defense attorney Patrick J. McLain understands the system and what is necessary to acquit individuals facing court-martial charges.
To schedule a consultation with a knowledgeable and dedicated defense lawyer for court-martial, call (888) 606-3385 or contact Patrick J. McLain today.
