Fort Carson Defense Lawyer
Based in El Paso County, Colorado, Fort Carson has been in operation since 1942. Home to the 4th Infantry Division, Fort Carson is under the control of the United States Army. In addition to the 4Th Infantry, it is also home to the 10th Special Forces Group. If you are facing charges while serving at Fort Carson, attorney and retired military judge Patrick J. McLain might be able to help.
Contact a Fort Carson Civilian Defense Counsel
There is a big difference between facing disciplinary charges and being convicted. If you are able to prevail at your trial, you can avoid all of these potential consequences entirely.
If you are ready to discuss your legal options, contact attorneys Patrick J. McLain and Allen Chandler right away.
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Types of Discipline at Fort Carson
If you are facing a potential violation of the Uniform Code of Military Justice (UCMJ), there are two types of discipline you might encounter: nonjudicial punishment (NJP) or trial by court-martial.
Nonjudicial Punishment
Nonjudicial punishment is commonly referred to as Article 15 in the Army. This administrative form of justice is not a criminal proceeding and will not lead to a conviction on your permanent record. That said, the potential consequences for a bad result could put your military career in jeopardy.
The NJP process is informal, and they are overseen by your commanding officer. Appeals are allowed, but they are heard up your chain of command instead of through an appellate court. The most important thing to understand about this process, however, is that you do not have to go through it at all.
You are entitled to reject an Article 15 proceeding. If you do, your case will instead be heard in a trial by court-martial. This choice might seem unwise, as a court-martial could carry steep penalties. That said, some facing an NJP believe they are more likely to be treated fairly if their case is adjudicated by someone other than their commanding officer.
Court-Martial
A trial by court-martial is a criminal proceeding. Unlike with NJP, your permanent record will reflect a conviction at trial by court-martial. The process is more formal compared to an NJP, and it is overseen by a military judge.
You also have the right to appeal your decision in a trial by court-martial. In certain types of cases, an appellate review could be triggered automatically. These appeals are heard by dedicated appellate courts. During your trial or appeal, you have the right to hire your choice of civilian defense counsel.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military JudgeAttorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
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Over Two Decades in the U.S. Marine Corps
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Our Firm is Top-Rated & Award-Winning
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Over 3,500 Cases Successfully Handled
Common Offenses at Fort Carson
You might face either an NJP or trial by court-martial for an alleged UCMJ violation. However, certain charges are more likely to result in a court-martial than others.
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Fraternization
- Violation of orders
- Destroying government property
Common Court-Martial Offenses
Possible Penalties
The penalties common in both NJP and trial by court-martial are often similar. These could include loss of rank, restriction, loss of pay, or extra duties. On top of these penalties, a trial by court-martial could also lead to incarceration or a punitive discharge.
OUR CLIENTS SAY IT BEST
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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 -
"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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"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
- Dan C. -
"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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"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. -
"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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"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.
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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