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Fort Campbell

Aggressive Fort Campbell Civilian Defense Attorney

Since 1941, the United States Army has operated Fort Campbell on the Kentucky-Tennessee border. The fort is home to both the 101st Airborne Division and the 160th Special Operations Aviation Regiment. If you are facing military discipline while serving at Fort Campbell, contact attorney Patrick J. McLain today.

Your Right to a Fort Campbell Civilian Defense Counsel

If you are anticipating disciplinary proceedings against you at Fort Campbell, do not hesitate to reach out to your choice of civilian defense counsel. 

Contact attorney and former military judge Patrick J McLain today.

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Types of Military Justice at Fort Campbell

There are two commonly-used forms of military justice at Fort Campbell: nonjudicial punishment and trial by court-martial.

Nonjudicial Punishment

Nonjudicial punishment (NJP) is a form of administrative discipline. In the Army, this process is informally known as Article 15. An NJP is initiated by your commanding officer. The process is less formal than a criminal trial, including the rules regarding witnesses and evidence. While it is not a formal criminal proceeding, an adverse outcome will still result in serious consequences.

You have the right to reject an Article 15 in favor of a trial by court-martial. This choice is a tradeoff, as a trial by court-martial offers more rights but steeper penalties. The choice to reject an NJP is important and should never be made without first consulting legal counsel.

If you are convicted, you have the right to appeal. However, the appeal is heard up your chain of command as opposed to a dedicated appellate court. The possible grounds for an appeal include:

  • the outcome was unjust, or
  • the punishment was disproportionate.

Court-Martial

A trial by court-martial is a formal criminal proceeding. Unlike an NJP, a conviction will end up on your permanent record. This conviction can impact your life after your military career is over. A trial by court-martial is a formal proceeding overseen by a military judge. The rules regarding witness testimony and evidence are more restrictive than in an NJP.

If you are convicted, you have the right to appeal. In many cases, a conviction will automatically trigger an appellate review. The two appellate courts that deal with Army court-martial appeals include:

  1. the Army Court of Criminal Appeals; and
  2. the Court of Appeals for the Armed Forces.
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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 Fort Campbell

Any violation of the UCMJ can lead to either an Article 15 or a trial by court-martial. However, minor charges are more likely to result in an NJP. Some common offenses are listed below.

Common NJP Offenses

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

Common Court-Martial Offenses

Potential Penalties

The potential penalties from an NJP or trial by court-martial can follow you for the rest of your career. Common penalties in an NJP include:

  • restriction
  • loss of pay
  • extra duties
  • loss of rank.

The penalties for a court-martial are similar, but can also include incarceration or a punitive discharge. Unfortunately, a conviction in either proceeding can lead to separation proceedings.

OUR CLIENTS SAY IT BEST

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    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!

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    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.

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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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