ARMY Criminal DEFENSE ATTORNEYS

When a Soldier is accused of a violation of the UCMJ, they must go through a legal process to resolve the matter. One of the ways their case may progress is through a court-martial.

Depending on the severity of the offense, the type of court-martial the Soldier will be subjected to is as follows:

• Summary court-martial: Minor violations are handled through a summary court-martial. The process is simplified, allowing cases to resolve quicker than other courts-martial.
• Special court-martial: Misdemeanor cases – those carrying a sentence of less than 1 year of confinement – are processed through a special court-martial.
• General court-martial: Felony crimes – offenses with a maximum sentence of 1 year or more of confinement – are heard in a general court-martial.

If a Soldier is found guilty of an offense, the specific consequences they face depend on the facts of the case.

Generally, though, the results of a court-martial can include:

• Loss of rank
• Forfeiture of pay
• Dishonorable discharge
• Confinement
• Death

As a Soldier accused of a crime, your career, freedom, and future are at stake. At Daniel Conway & Associates, our Army defense lawyers take criminal accusations seriously and can provide the trusted counsel you need to seek a favorable outcome.

Article 92 UCMJ – Disobeying a Direct Order

Under Article 92, failure to obey an order is a serious offense. It can trigger a legal process and result in a range of penalties.

A Soldier can be charged under Article 92 of the UCMJ for the following:

• Failing to obey lawful general orders or regulations: This offense occurs when a Soldier knew they had to obey a general order or regulation but violated or did not obey it.
• Failing to obey other lawful orders: A Soldier may be accused of this offense if they were given an order, were aware of it, but failed to obey it.
• Dereliction of duty: A violation occurs when a Soldier knew they had certain duties but was derelict or willfully inefficient in performing them.

Article 92 UCMJ punishments are linked to the conduct involved. For example, the maximum sentences for failing to obey an order include dishonorable discharge, forfeiture of all pay, and 2 years of confinement. Dereliction of duties can lead to a bad-conduct discharge, forfeiture of all pay, and confinement for up to 6 months.

Violations of Article 92 of the UCMJ are common, but the defenses that can be raised are limited. If you have been accused, reach out to our Army criminal defense attorneys Daniel Conway & Associates as soon as possible for representation. We will thoroughly review your case to determine legal options to attack the allegations.

Army GOMOR

An Army General Officer Memorandum of Reprimand (GOMOR) is a letter of reprimand given to an Army Soldier when they have allegedly engaged in behaviors that violate standards or policies. Depending on the conduct involved, the GOMOR will be filed in the “unfavorable information” section of the Soldier’s Official Military Personnel File (permanent record) or Military Personnel Record Jacket (local file).

The consequences of a GOMOR vary. When submitted to the local file it can be seen by the Soldier’s chain of command. The record is removed after 3 years, but the Soldier may be stigmatized during that time.

Promotion boards and Human Resources Command can see GOMORs placed in a Soldier’s permanent file. The GOMOR can cause the Soldier to be denied promotions or reenlistment and can even lead to administrative separation. A GOMOR in a permanent file will remain throughout the Soldier’s career and can be removed only through appeal or other legal action.

If you have received a GOMOR, you have 7 days to challenge it. That is why it is necessary to get Daniel Conway & Associates on your case right away. Our Army defense lawyers can gather evidence, determine your legal options, and draft a rebuttal letter on your behalf.

Military Protective Orders

Military Protective Orders (MPOs) are issued by a commander in situations involving alleged domestic abuse. They prohibit the Soldier from contacting or communicating with the victim in any way. Because an MPO lasts until the commander terminates it, it can wreak havoc on the lives of the Soldier and their family members well into the future.

The troubling thing about MPOs is that they can be issued without a formal hearing being held. And while their purpose is to protect alleged victims from future harm, they can be abused by commanders concerned with safeguarding themselves from any adverse action in the domestic violence case.

At Daniel Conway & Associates, our Army criminal defense attorneys help Soldiers appeal MPOs and seek relief from limiting conditions that can have adverse consequences.

Army Drug Test

A Soldier may be accused of illegally using drugs if they fail a drug test or a urinalysis reveals a controlled substance in their system. As a result, the Soldier may be subject to a court-martial, nonjudicial punishment, or administrative separation. These can all lead to outcomes that have lasting and negative effects on the Soldier’s future.

Still, although a test may suggest that the Soldier abused drugs, that may not necessarily be the case. The Soldier might not have known that they ingested a controlled substance, or the analysis may have produced a false positive.

Whatever your situation, Daniel Conway & Associates is ready to defend against your drug offense charge. Our Army defense attorneys will conduct a thorough investigation to challenge the results and testimony from the government’s expert witnesses.

Army Article 31 – UCMJ Rights

When an Army Soldier is entangled in a criminal matter, their instinct may be to comply fully with all requests made of them, including answering investigator’s questions. While this is admirable and definitely characteristic of a well-trained Soldier eager to help, it can also have damaging impacts on the case.

It is essential, therefore, that Soldiers understand their Article 31, UCMJ rights, which include:

• Remaining silent: During a criminal case, Soldiers are protected from providing any statements that could incriminate them. As such, they have the right to remain silent. A Soldier choosing to invoke this right can politely tell investigators that they want to be cooperative but are exercising their right to remain silent.
• Speaking with an attorney: At the early stages of their case, a Soldier has the right to consult with a lawyer. Receiving guidance and counsel in the beginning can help the Soldier determine how to move forward with the case.
• Retaining legal representation: A Soldier can have an attorney represent them throughout their case. The lawyer can advise them on what questions to answer (if any) and how to answer them. They can work to prevent the case from taking wrong turns early on.

If you are a Soldier facing accusations, exercise your rights and reach out to our firm as soon as possible.

Our Army Defense Attorneys Are Ready to Fight for You

We know what is at stake for Soldiers charged with military crimes. That is why we work tirelessly for our clients. Our Army defense lawyers have handled complex and high-profile cases, and we are prepared to aggressively represent you.

Get started on your case with a free consultation by contacting us at (757) 401-6365.