
If you are facing military charges, it is essential that you understand how court-martial convictions can affect your civilian career and benefits. future well-being and military status. A conviction under the Uniform Code of Military Justice, otherwise known as the UCMJ, can have long-lasting repercussions on your military career and civilian livelihood.
Aaron Meyer, a former Marine Officer and Judge Advocate, works aggressively and tirelessly to defend military members and protect their rights. His impressive record speaks for itself; during his time as a military attorney, he achieved more full jury-trial acquittals than any other West Coast military lawyer. Aaron Meyer is admitted to practice law in military courts worldwide.
There are three types of court-martials under the military justice system. A summary court-martial is for minor offenses and is the least severe. A special court-martial is a step up from a summary court-martial in terms of the severity of the charges and penalties incurred. A general court-martial is the most severe. Both a special and general court-martial can carry life-altering sentences, such as confinement, being demoted in rank, and losing pay.
If convicted, your future can be impacted in many ways. A court-martial conviction does go on your permanent federal record. However, if you hire a general court-martial defense lawyer, you may be able to minimize penalties, associated charges, and the overall impact of a court-martial on various aspects of your life. Some of the most common ways that a court-martial can benefit you are listed here:
Getting a discharge is one of the worst penalties a general court-martial can carry. The two most common discharge classifications associated with general court-martial convictions include a bad conduct discharge and a dishonorable discharge. Even civilian-led companies, including law enforcement and federal government agencies, do not view these discharges as favorable when making hiring decisions.
In addition, veteran benefits end upon a negative discharge. These include VA home loans, GI Bill education perks, compensation for VA healthcare and disability, retirement pay, and medical coverage through TRICARE. This is why it is crucial that you have a general court-martial defense attorney who has been successful in obtaining discharge upgrades in previous cases, either through trial or by appeal.
The stakes are high in these cases because so much is on the line. Hiring an effective lawyer can significantly increase your chances of reversing a discharge, reducing the charges against you, and minimizing the long-term consequences of a court-martial on your record. Some effective general court-martial defense strategies that are often used in these cases are listed below:
If these general court-martial defense strategies do not work, an appeal would be the next step. Appeals are handled by the United States Court of Appeals for the Armed Forces. This court serves the entire US military. It is located at 450 E Street, NW, in Washington, DC.
Appealing a court-martial can be hard. For example, the court reported denying 182 petitions filed specifically for court-martial appeals, while only granting 57 requests for appeals. An appeal is possible, but it is not a guarantee. A smart attorney can advise you regarding whether your case has a good chance for a positive outcome in the higher court.
A: The consequences of a court-martial can be harsh. They include the possibility of confinement, a shameful discharge, and loss of pay. Other potential penalties include de-ranking, a loss of military benefits, and a stain on your permanent federal criminal record. Long-term ramifications include experiencing social stigma and having the conviction and discharge appear in certain background checks.
A: Yes, a court-martial will go on your record. A special or general court-martial does go on your federal criminal record once you are convicted. It will also go on your military record and appear in background checks for things like employment, housing, security clearance, and more. It is always a good idea to hire a skilled attorney to improve your chances of avoiding a stain on your record.
A: Life after a court-martial is not always easy. It can be difficult to adjust to the loss of VA and other benefits. Acclimating to civilian life as a former military member who has been discharged from the military can also be difficult. Finding non-military employment, obtaining a professional license, or dealing with the social stigma in general can be disheartening.
A: Yes, a military conviction will show up on a background check. It may not appear on surface-level background screenings, but it will be included on checks that run through the national criminal databases. Everyday civilian background reports typically also reveal special and general court-martial convictions. Talk to a general court-martial defense attorney about opportunities to expunge your record.
You need a general court-martial defense attorney with extensive knowledge of general court-martial law and an arsenal of legal resources and skills. You need Aaron Meyer Law. As a former US Marine, Aaron Meyer understands the judgment and isolation you might be feeling. When you choose our firm, you are never alone. Contact our office to discuss your general court-martial defense case.
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