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Davis Monthan Air Force Base

Formidable Davis-Monthan AFB Civilian Defense Attorney

Located in Tucson, Arizona, the Davis-Monthan Air Force Base was originally built as a basic airfield in 1925. Since 1940, it has operated as a base for the U.S. Air Force. Davis-Monthan AFB is home to the 355th Wing and a variety of combat groups. However, it is best known for its “aircraft boneyard” where excess military aircraft are stored. If you serve at Davis-Monthan AFB and anticipate facing military discipline proceedings, you have the right to your choice of a civilian defense attorney.

Contact a Davis-Monthan AFB Civilian Defense Lawyer

Regardless of the type of military discipline you face, you have the right to hire the civilian defense counsel of your choice. Attorney Patrick J. McLain is a former military judge that has dedicated his career to fighting service members accused of wrongdoing. 

To discuss your legal options, contact Patrick J. McLain today.

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Types of Military Justice at Davis-Monthan AFB

When it comes to military discipline at Davis-Monthan AFB, there are two common proceedings:

  1. nonjudicial punishment (NJP); and
  2. trial by court-martial.

Nonjudicial Punishment

Nonjudicial punishment is an administrative disciplinary proceeding used by each branch of the military. In the Air Force, it is commonly referred to as Article 15. Because these are administrative proceedings, a conviction is not reflected on your permanent criminal record. That does not mean the consequences are not severe.

Article 15 is initiated and overseen by your commanding officer. The rules regarding testimony or other evidence are lax compared to a formal court-martial. You do, however, have the right to reject an NJP in favor of a trial by court-martial. A court-martial is more likely to bring stiff consequences, but there are benefits from rejecting an NJP in some cases. Always consult with legal counsel before rejecting an NJP.

If you receive an unfavorable result in an NJP, you have the right to appeal. However, that appeal is heard up the chain of command as opposed to in a formal appellate court. Grounds for an appeal include an unjust outcome or disproportionate punishment.

Court-Martial

A trial by court-martial is a formal criminal proceeding. If convicted, it will be reflected on your criminal record. These proceedings are more formal than an NJP in that they are overseen by a military judge. Additionally, the rules for questioning witnesses and introducing evidence are far more strict.

If convicted in a Davis-Monthan AFB court-martial, you have a right to an appeal. There are two levels of courts that hear appeals from Air Force court-martial convictions:

  1. the Air Force Court of Criminal Appeals; and
  2. the Court of Appeals for the Armed Forces.

Just like an NJP proceeding, you have the right to a civilian defense attorney at every stage of your appeal.

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You Need a Civilian Military Lawyer

WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?

  • Former Federal Prosecutor & Military Judge
    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
  • Over Two Decades in the U.S. Marine Corps
  • Our Firm is Top-Rated & Award-Winning
  • Over 3,500 Cases Successfully Handled

Common Offenses at Davis-Monthan AFB

While you can face a court-martial proceeding at Davis-Monthan AFB for any violation of the UCMJ, there are some offenses more commonly dealt with through an Article 15.

Common NJP Offenses

  • Unauthorized absence (AWOL)
  • Drunk on duty
  • Fraternization
  • Violation of orders
  • Destroying government property

Common Court-Martial Offenses

Potential Penalties

The penalties for either an NJP or a trial by court-martial could include:

  • Restriction,
  • Loss of pay
  • Extra duties, and
  • Loss of rank

What's more, a conviction at trial by court-martial could also lead to incarceration or a punitive discharge.

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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
    "Always made me feel as though I was his most important client, and was knowledgeable on all subjects."

    He completely cared, took my case personally, always made me feel as though I was his most important client, and was knowledgeable on all subjects. I give him the highest rating possible and totally recommend him to anyone who is 

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