MARINE CORPS CRIMINAL DEFENSE LAWYERS

Although the underlying principles of the military justice system and civilian justice system are similar – ensure that the accused answers for the alleged offense – the processes involved in resolving a legal matter differ. The Marine Corps has various options for taking action against a service member accused of a crime, including courts-martial, nonjudicial punishments, and administrative separations. A civilian lawyer without a firm background in military defense may be ill-equipped to defend a Marine facing allegations of unlawful conduct.

Because the processes differ, it is vital that you have a Marine defense lawyer by your side who is familiar with the military justice system. At Daniel Conway & Associates, our attorneys have taken on high-profile and challenging military cases. Additionally, some of our team members are former military members, and Mr. Myers served as a Captain in the JAG Corps. With our experience and knowledge, you can trust that we can provide the defense you need throughout your case.

We have handled the following types of matters:

• Courts-martial: Nearly every offense enumerated in the Uniform Code of Military Justice (UCMJ) may lead to a court-martial. Various levels of courts-martial exist depending on the severity of the alleged offense. These include:
  • Summary court-martial: This process is for minor incidents.
  • Special court-martial: This process is for offenses resulting in less than 1 year of confinement.
  • General court-martial: This process is for the most serious offenses – those with a maximum penalty of 1 year or more of confinement.
• Court-martial appeals: If a marine has been convicted, they may be entitled to or may request a review of their case, arguing that legal errors occurred affecting the outcome. Our Marine defense attorneys have presented cases in front of the Navy-Marine Corps Court of Criminal Appeals and the United States Court of Appeals for the Armed Forces. We are prepared to challenge your conviction.
• Separation boards: Separation board reviews concern the suitability of a Marine to continue service. Our team has handled cases involving serious misconduct, patterns of misconduct, personality disorders, homosexuality, drug use, and substandard duty performance.
• Evaluation appeals: If a Marine receives an adverse evaluation, they could have trouble promoting or continuing their military career. Final decisions can be appealed to seek to correct administrative errors.
• Discharge reviews: Discharge reviews can be requested when the fairness of and procedures for processing a discharge are called into question.

Whatever legal process you are going through, be sure to retain the services of a trusted and experienced defense firm like Daniel Conway & Associates.

Defending Marines Against a Wide Range of Accusations

One of the unique things about defending military members is that they can be accused of crimes that may also be civilian offenses, but they can also be accused of specifically military offenses. Thus, it is important to hire a Marine criminal defense lawyer who understands the distinct circumstances a Marine may find themselves in.

Daniel Conway & Associates has handled military criminal cases involving nearly every offense in the UCMJ.

Some of the criminal cases our Marine defense attorneys have taken on include:

• Sexual assault: This offense involves allegations of non-consensual sexual conduct.
• Drug offenses: A marine may be accused of a drug crime based on a urinalysis or failed drug test. As defense attorneys, we have conducted our own investigation to understand and present the science involved in these matters and cross-examine the government's expert witnesses.
• Larceny: Theft crimes involve the unlawful taking of another's property without consent or by the use of force or deception.
• Child pornography: A Marine can be accused of offenses such as possessing, receiving, or viewing child pornography; possessing child pornography with intent to distribute; distributing child pornography; or producing child pornography.
• Obstruction of justice: Various acts can lead to prosecution for this crime, including interfering with administrative or criminal proceedings, encouraging a witness to renege on an accusation, intimidating a witness, misleading investigators, or tampering with or destroying evidence.
• Desertion and AWOL: In these cases, the government attempts to prove that the Marine deserted their unit or remained absent with no intent to return or left to avoid their service or duty.
• Failure to obey an order: Accusations for this offense may arise when a Marine violates or fails to obey lawful orders, fails to obey other lawful orders, or neglects their duties.

In addition to handling military criminal cases, our Marine Corps defense lawyers have also represented those facing military protective orders. Generally, these orders can be issued without a hearing, and they severely interfere with the Marine's life, as they are required to stay away from and not communicate with the alleged victim.

Article 31, UCMJ Rights

Although military criminal proceedings may differ from civilian processes, as a Marine, you still have the same rights afforded a civilian. It is essential that you know and understand these rights to protect yourself during a criminal case and avoid making missteps that could substantially impact the outcome.

Your article 31, UCMJ rights include:

• The right to remain silent: As a Marine, it may be difficult to exercise this right, as you may feel the duty to cooperate with authority figures and other legal officials. While this is understandable, it is important to know that you can politely decline to make statements during a criminal investigation.
• The right to speak with an attorney: When accused of misconduct, discuss your case with a Marine defense lawyer before talking to anyone else. Remember anything you say or do could be used as evidence against you. An attorney can advise you on what questions to answer or statements to make (if any).
• The right to have a lawyer on your side throughout your case: Military criminal matters can be complicated, and without a background in the law, you may be at a loss for what to say or do during each stage. At every step, you can have an attorney providing the counsel and guidance you need to navigate your case.

Contact Our Marine Defense Lawyers Today

The consequences of being found guilty of a military crime are substantial. They can include reprimands, loss of rank, loss of career, confinement, fines, and wage forfeiture. Because so much is on the line, it is crucial that you discuss your case with an attorney who has experience handling complex criminal matters. Our team at Daniel Conway & Associates has the knowledge, experience, and skills to aggressively defend you.

For trustworthy legal representation throughout your case, call us at (757) 401-6365 or fill out an online contact form today.