Civilian Defense Attorney Representing Fort Sam Houston Active Military
Fort Sam Houston is a post in San Antonio, Texas, operated by the United States Army. Nicknamed “Fort Sam,” this installation was formally named after former Governor of both Tennessee and Texas, Sam Houston. If you are facing charges while serving at Fort Sam Houston, contact attorneys Patrick J. McLain and E. Allen Chandler right away.
You do not have to face these charges alone. Contact attorney Patrick J. McLain right away to discuss your options.
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Forms of Military Discipline at Fort Sam Houston
Under the Uniform Code of Military Justice (UCMJ), there are two types of military discipline used at Fort Sam Houston: nonjudicial punishment and trial by court-martial.
Nonjudicial Punishment
Known informally as Article 15, nonjudicial punishment is an administrative form of military discipline used in the Army. An NJP will not result in a mark on your criminal record as it is not considered a criminal proceeding. That said, the potential consequences are still severe.
The first thing to know about Article 15 is that you have the right to reject one in favor of a trial by court-martial. This choice is a risk, however. While there are advantages to having your case heard in a more formal setting, you also face the risk of the steeper penalties that come with a court-martial.
You have the right to consult with civilian defense counsel before making this decision, and it is a right that would serve you well to take advantage of. Every case is different, and a skilled attorney could advise you on whether rejecting an NJP is in your best interest.
If you opt to move forward with an Article 15, you have the right to appeal if it does not go your way. The appeal will be heard up your chain of command, and the decision will only be overturned if there is an unjust outcome or disproportionate punishment.
Court-Martial
While an NJP will not end up on your permanent record, a conviction in a trial by court-martial will. This process is typically more formal than an NJP, and the proceedings are overseen by a military judge. The rules of evidence in a court-martial are more formal than those in an NJP, which can work in our favor in some cases.
If convicted, you are entitled to appeal. In fact, many charges automatically receive appellate review following a conviction. At both the trial and on appeal, you are entitled 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 Sam Houston
Many offenses that are brought at Fort Sam Houston could result in either an NJP or a trial by court-martial. While any violation of the UCMJ can lead to a court-martial, minor offenses are usually addressed with an NJP.
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Fraternization
- Violation of orders
- Destroying government property
Common Court-Martial Offenses
Potential Penalties
Whether you are facing an NJP or court-martial, the penalties can be significant. Either process could lead to a restriction, loss of pay, loss of rank, or extra duties. However, a court-martial could also lead to punitive discharge or incarceration.
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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"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 -
"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 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. -
"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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"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 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. -
"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
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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