Military Law in Maryland: Your Comprehensive Guide to UCMJ, Courts-Martial, and Legal Defense

I. Introduction: Navigating the Complexities of Military Justice in Maryland

This report serves as a vital resource for Maryland service members and their families as they navigate the complexities of military law. Understanding one’s rights and the Uniform Code of Military Justice (UCMJ) is paramount when facing investigations, disciplinary actions, or courts-martial.

Military offenses carry the potential for severe, career-altering consequences, including impacts on pay, rank, and future employment opportunities.¹

The military justice system operates under a distinct framework. Unlike civilian law, the UCMJ applies universally to active-duty service members, without geographical or temporal limits. It is relevant everywhere, all the time, even when other state or federal laws might also apply.³

This pervasive jurisdiction establishes a unique and often more stringent legal environment for military personnel. The constant applicability of military law means that any action, whether on or off duty, could potentially be subject to military legal scrutiny. This broad scope of legal oversight can understandably create significant pressure for service members, influencing their decision-making and overall well-being.

Consequently, obtaining early and independent legal advice becomes critically important for individuals seeking to navigate this distinct legal landscape and mitigate potential stress. The ultimate goal of this guide is to provide clear, authoritative, and actionable information that empowers service members to protect their careers, reputations, and futures within this specialized legal system.

2. The Uniform Code of Military Justice (UCMJ): A Foundation

What is the UCMJ? Principles and Scope

The Uniform Code of Military Justice (UCMJ) stands as a foundational legal framework, established by Congress in 1950, that governs all members of the United States Armed Forces.⁴ It provides a comprehensive set of federal criminal laws, outlining the military justice system, detailing offenses, procedures, and applicable penalties.⁴

The UCMJ encompasses a wide array of conduct, including many crimes punished under civilian law, such as murder, rape, drug use, larceny, and drunk driving.⁵ However, it also criminalizes conduct unique to the military environment that impacts good order and discipline.

These distinct military offenses include desertion, absence without leave (AWOL), disrespect towards superiors, failure to obey orders, dereliction of duty, wrongful disposition of military property, drunk on duty, malingering, and conduct unbecoming an officer.⁵

The UCMJ’s dual nature, covering both civilian-like crimes and specific military conduct standards, means that service members are subject to a broader spectrum of prosecutable offenses than their civilian counterparts. The military’s imperative to maintain good order and discipline necessitates these additional categories of offenses, which have no direct civilian equivalent. This expanded legal accountability underscores the increased complexity of the legal environment military personnel must navigate.

The UCMJ is implemented through Executive Orders of the President of the United States, which collectively form the Manual for Courts-Martial (MCM).⁵ The Preamble to the MCM articulates its purpose: “to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States”.⁵

Structurally, the UCMJ comprises 146 articles organized into 12 chapters, broadly categorized into General Provisions, Apprehension and Restraint, Non-Judicial Punishment (Article 15), Court-Martial Jurisdiction, and Punitive Articles.⁴

Key Punitive Articles: Understanding Common Offenses

The punitive articles of the UCMJ provide a detailed list of criminal offenses applicable to military personnel. Understanding these specific articles is crucial for comprehending the scope of allegations and potential consequences. Some of the most commonly charged offenses under the UCMJ include:

• Article 86: Absence Without Leave (AWOL): This article addresses unauthorized absence from a unit or duty station, applying when a service member leaves or fails to report at a prescribed time or place without proper authority.⁴
• Article 92: Failure to Obey Order or Regulation: One of the most frequently charged offenses, this article involves the willful disobedience of lawful orders or neglect in the performance of official duties. Violations can range from ignoring direct orders to failing to follow general regulations.⁴
• Article 107: False Official Statements: Service members are charged under this article for knowingly making false statements with the intent to deceive, particularly if those statements pertain to official matters or investigations.⁴
• Article 112a: Wrongful Use, Possession, etc., of Controlled Substances: This article criminalizes the wrongful use, possession, distribution, or introduction of controlled substances. Charges under Article 112a often result in serious penalties due to the military’s strict stance against drug-related offenses.⁴
• Article 120: Rape and Sexual Assault: Article 120 encompasses a broad range of sexual offenses, including rape, sexual assault, and other forms of unwanted sexual contact. It is among the most serious charges under the UCMJ, carrying significant penalties such as confinement, dishonorable discharge, and sex offender registration.⁴
• Article 121: Larceny and Wrongful Appropriation: This article addresses theft and the unauthorized taking or use of property belonging to another person or the government. The severity of the charge typically depends on the value of the property involved.⁴
• Article 128b: Domestic Violence: This article specifically addresses acts of domestic violence committed against a current or former spouse, intimate partner, or family member, reflecting the military’s commitment to addressing and penalizing abuse within personal relationships.⁴
• Article 133: Conduct Unbecoming an Officer and a Gentleman: This article applies exclusively to commissioned officers, criminalizing conduct that disgraces the officer personally or brings dishonor to the military. The standard for “unbecoming conduct” can be subjective and context-dependent.⁴
• Article 134: General Article (“Catch-all”): Often referred to as the “catch-all” article, it criminalizes any behavior that prejudices good order and discipline or brings discredit upon the armed forces. Explicitly listed offenses under this article include child pornography, extramarital sexual conduct, and fraternization.⁴

Your Rights as a Service Member Under the UCMJ

Service members are afforded specific rights and due process protections under the UCMJ, which in many respects are comparable to, or even exceed, those provided in civilian criminal courts.⁵ These protections are crucial for safeguarding a service member’s interests when facing legal challenges.

A fundamental protection is the Right Against Self-Incrimination, enshrined in Article 31(b) of the UCMJ. Similar to Fifth Amendment rights in civilian law, service members have the right not to incriminate themselves and must be informed of the suspected offense(s) before any questioning begins.⁵ This right is afforded much earlier in the military justice system than in civilian practice, applying whenever a service member is questioned as a suspect.⁵

The immediate invocation of these rights and prompt consultation with legal counsel is a critical strategic step. Failure to do so can inadvertently provide the prosecution with statements that contradict a defense or even lead to additional charges, such as False Official Statements (Article 107).³ This highlights the proactive role legal counsel plays from the earliest investigative stages.

Furthermore, service members have a Right to Counsel. Free military counsel is provided when questioned as a suspect of an offense, upon preferral of court-martial charges, or at the initiation of arrest or apprehension.⁵ Service members also retain the option to employ civilian counsel at their own expense or request a particular military counsel if that individual is reasonably available.⁵ This right to representation extends to magistrate hearings for pretrial confinement determinations, Article 32 investigations, and all court-martial sessions.⁵

Regarding Probable Cause for Confinement, before any service member is confined or restrained, there must be “probable cause” (a reasonable belief) that the service member committed an offense triable by courts-martial and that confinement or restriction is necessary under the circumstances.⁵ Notably, service members are not required to post bail and continue to receive their regular military pay while awaiting trial.⁵

While these procedural protections are robust, the broad scope of what constitutes an offense under the UCMJ, particularly subjective articles like “Conduct Unbecoming an Officer” (Article 133) ⁴, introduces unique vulnerabilities. This means that while due process elements might be strong in certain areas, the definition of punishable conduct is expansive, necessitating a defense that understands and can effectively navigate these specific military standards.

3. The Court-Martial Process: Types, Procedures, and Outcomes

Overview of Military Courts-Martial

The military justice system employs three distinct types of courts-martial: Summary, Special, and General.⁷ Each type is designed to address offenses of varying severity and comes with its own set of procedures, potential punishments, and appeal processes. These courts-martial play a crucial role in maintaining discipline and upholding the rule of law within the armed forces.⁸

Summary Court-Martial (SCM)

The Summary Court-Martial (SCM) represents the least formal and most streamlined process within the military justice system.⁸ It is specifically designed for the straightforward resolution of relatively minor misconduct committed by enlisted members.⁷ Officers are not subject to trial by SCM.⁷

A key procedural aspect is that the enlisted accused must consent to be tried by SCM.⁷ If consent is withheld, the command may opt for other disposition methods, including directing the case to a Special or General Court-Martial.⁷ The SCM consists of a single officer, who is not a military attorney, and functions as both judge and sole finder of fact.⁷

The SCM carries the least severe sentencing potential.⁸ Maximum punishments vary with the accused’s paygrade: for E-4 and below, sentences can include up to 30 days of confinement, reduction to pay grade E-1, or restriction for 60 days. For service members in pay grades E-5 and higher, punishments are similar, but confinement is not an option, and reduction is limited to one pay grade.⁷

An accused before an SCM is generally not entitled to legal representation from military defense counsel, though some services, like the Air Force, may provide free military counsel as a matter of policy.⁷ If free military counsel is not provided, the accused may retain civilian counsel at their own expense.⁷

Appeals for SCM convictions are limited. Individuals found guilty have the right to appeal within five days of sentencing to the next higher level of command.⁸ The commanding officer at this level has the discretion to maintain, reduce, or eliminate the punishment but cannot increase its severity.⁸

While the initial appeal window is constrained, further appeals may be possible to a judge advocate or the Judge Advocate General, and potentially the Board of Correction of Military Records.⁸ Despite these limitations, the availability of an appeal avenue underscores the military’s commitment to fairness and due process, even in minor cases.⁸

Special Court-Martial (SPCM)

The Special Court-Martial (SPCM) serves as an intermediate court level, handling less serious offenses than a General Court-Martial but more significant than those addressed by an SCM.⁷ Convictions from an SPCM are considered federal criminal convictions and result in a criminal record.⁹

An SPCM typically consists of a military judge, a trial counsel (prosecutor), a defense counsel, and a panel of four officers serving as court members.⁷ An enlisted accused has the right to request a court composed of at least one-third enlisted personnel.⁷ Alternatively, the SPCM may consist solely of a judge if requested by the accused or decided by the convening authority.⁷ An accused facing an SPCM is entitled to free legal representation by military defense counsel and can also retain civilian counsel at their own expense.⁷

Regardless of the specific offenses, an SPCM sentence is limited. Punishments cannot exceed forfeiture of two-thirds basic pay per month for one year, and for enlisted personnel, one year of confinement (or a lesser amount if the offenses have a lower maximum), and/or a bad-conduct discharge.⁷

Before reaching the military court of appeals, all SPCM rulings are subject to review by the convening authority—the individual who initiated the court-martial process.⁸ The convening authority has the discretion to modify, eliminate, or uphold the imposed punishment but is expressly prohibited from increasing it.⁸

Consultation with a judge advocate is an option for the convening authority when making these decisions.⁸ The right to an attorney is a pivotal aspect of the appeals process, with the convicted party entitled to legal representation, whether a privately financed civilian defense attorney or a free military attorney.⁸

General Court-Martial (GCM)

The General Court-Martial (GCM) is the most rigorous and severe type of court-martial, reserved for felony-level crimes and the most serious offenses under the UCMJ.⁷ These can include allegations such as serious drug offenses, theft, sexual assault, rape, murder, computer crimes, and war crimes.⁹ A conviction at a GCM results in a federal criminal record.⁹

A GCM involves a trial with a military judge, both defense and trial counsels, and a panel of eight officers serving as court-martial members.⁷ Similar to SPCMs, an enlisted accused may request a court composed of at least one-third enlisted personnel, or the accused may request a trial by judge alone.⁷

Before a case proceeds to a GCM, a pretrial investigation under Article 32 of the UCMJ must be conducted, unless waived by the accused; this is equivalent to a civilian grand jury process.⁷ An accused before a GCM is entitled to free legal representation by military defense counsel and can also retain civilian counsel at their own expense.⁷

The maximum punishment at a GCM is determined by the Manual for Courts-Martial (MCM) for each offense and can include death for certain offenses, extensive confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or various other forms of punishment.⁷ The GCM is the only forum authorized to adjudge a death sentence.⁷

Like SPCMs, all GCM rulings are subject to review by the convening authority before reaching the military court of appeals.⁸ The convening authority can modify, eliminate, or uphold the punishment but cannot increase it, and may consult with a judge advocate.⁸ The convicted party maintains the right to legal representation, whether by a civilian defense attorney or a free military attorney.⁸

Cases involving a sentence of more than one year of confinement or a punitive discharge (including death penalty cases) automatically undergo review by the corresponding branch’s military court of criminal appeals.⁸ This automatic review ensures that the convicted service member had the opportunity to assert their innocence during the trial and examines cases for voluntary guilty pleas.⁸

While automatic review is limited to specific penalties, the courts of appeal possess discretionary powers to review other cases. Convicted individuals whose cases do not automatically qualify for review may submit special requests to the Judge Advocate General, although such requests are typically denied.⁸

The military justice system includes four distinct criminal appeal courts, aligned with each branch of the armed forces: The Army Court of Criminal Appeals, The Air Force Court of Criminal Appeals, The Navy-Marine Corps Court of Criminal Appeals, and The Coast Guard Court of Criminal Appeals.⁸ These courts primarily scrutinize the legal proceedings leading to a conviction, evaluating whether the service member was proven guilty properly and beyond a reasonable doubt.⁸

They address any potential legal errors that may have occurred during the trial process and possess the authority to uphold, reduce, or eliminate penalties imposed by lower courts, but they cannot escalate the severity of the punishment.⁸ The appellate process focuses on reviewing legal procedures rather than reevaluating factual evidence, ensuring a focused examination of potential errors that may have influenced the trial’s outcome.⁸

As a final option, when all other avenues for appeal are exhausted, convicted service members can seek clemency or a pardon.⁸ This can be pursued directly from the convening authority or through a clemency and parole board.⁸ A successful clemency request may lead to the setting aside of a conviction or a reduction in penalties. This option provides a mechanism for mercy and understanding, acknowledging that circumstances may warrant a more lenient response.⁸

4. Active Military Installations in Maryland and Legal Assistance Offices

Maryland is home to several critical military installations across various branches. For service members stationed in these locations, access to legal assistance is provided through Staff Judge Advocate (SJA) or Legal Assistance Offices (JAG offices). These offices offer a range of services, typically including advice on personal civil legal matters, wills, powers of attorney, family law, and claims.¹²

Below is a compilation of active military installations in Maryland and their respective legal assistance contacts:

Army Installations

• Aberdeen Proving Ground (APG)
  • Location: Aberdeen Proving Ground, MD.¹⁹
  • Legal Assistance Office: The Legal Assistance Office is located at 6488 Rodman Road, Bldg. 4305, 3rd Floor, Room 317, Janet M. Barr Soldier Support Center, Aberdeen Proving Ground, MD 21005.¹⁶
  • Contact Information:
    • Phone: (410) 278-1583 ¹⁶
    • Email: usarmy.APG.usag.mbx.legal-assistance@army.mil ¹⁶
  • Hours: Mondays, Tuesdays, and Thursdays: 8:00 a.m. to 3:00 p.m. (closed 12:00 p.m. – 1:00 p.m. for lunch). Wednesdays & Fridays: 8:00 a.m. to 12:00 p.m. (closed in the afternoon).¹⁶ Walk-in hours for general legal assistance are Tuesdays from 9:00 a.m. to 12:00 p.m..¹⁶ Notary and Power of Attorney services are available on a walk-in basis during normal business hours.¹⁶ Legal advice cannot be provided over the phone, and eligibility must be verified in person with military ID.¹⁶
• Fort Detrick
  • Location: Fort Detrick, MD.¹⁹
  • Legal Assistance Office: The Legal Assistance Office is located at 521 Fraim Street, Fort Detrick, MD 21702.¹⁷
  • Contact Information:
    • Phone: (301) 619-2221 or (301) 619-2065 (for appointments).¹⁷
    • DSN Phone: 312-343-2221/2643.¹⁷
  • Hours: Monday-Wednesday, Friday: 7:30 a.m. – 4:30 p.m. Thursday: 1:00 p.m. – 4:30 p.m. (walk-in attorney interviews available).¹⁷ Power of attorney and notary services are available on a walk-in basis.¹⁷
• Fort George G. Meade
  • Location: Fort Meade, MD.¹⁹
  • Legal Assistance Branch: Located at 4217 Roberts Avenue, Building 4217, Suite 120, Fort Meade, MD 20755.¹²
  • Contact Information:
    • Phone: (301) 677-9504 or (301) 677-9536.¹²
    • DSN Phone: 312-622-9504.¹²
  • Hours: Monday – Friday: 7:30 a.m. – 4:00 p.m..¹² Services are currently by appointment only, with no walk-in services.¹² The Fort Meade Office of the Staff Judge Advocate provides legal services to active-duty and retired soldiers, their family members, and eligible Reserve Component personnel.¹²

Air Force Installations

• Joint Base Andrews (JBA)
  • Location: Andrews AFB, MD.¹⁹
  • Legal Office (316th Wing Judge Advocate): Located at 1500 West Perimeter Road, Suite 2110, Joint Base Andrews, MD 20762.¹³
  • Contact Information:
    • Phone: (240) 612-5750.¹³
    • Claims Office: (240) 612-5787.¹³
    • Area Defense Counsel (ADC): (240) 857-6624.¹³
  • Hours: Legal assistance is provided by telephone consultation on Tuesdays and Thursdays from 10:00 a.m. to 12:00 p.m..²⁵ Will appointments are on Wednesday mornings.²⁵ Notary and Power of Attorney services are available by appointment.²⁵ Retirees and dependents should call to schedule appointments.²⁵

Navy Installations

• Naval Air Station Patuxent River (NAS Patuxent River)
  • Location: NAS Patuxent River, MD.¹⁹
  • Legal Assistance Office: Located at 22268 Cedar Point Road, Bldg. 409, Room 219, NAS Patuxent River, MD 20670-1154.¹⁴
  • Contact Information:
    • Phone: (301) 342-7643.¹⁴
    • DSN Phone: 312-342-7643.¹⁴
    • Fax: (301) 342-1044.¹⁴
    • DSN Fax: 312-342-1044.¹⁴
  • Hours: Monday – Thursday: 8:00 a.m. – 11:00 a.m. and 1:00 p.m. – 3:00 p.m..¹⁴ Notary hours are offered during these times.¹⁴ Currently, there is no full-time attorney assigned at NAS Patuxent River, but paralegal services are available.¹⁴
• Naval Support Activity Annapolis – U.S. Naval Academy (NSA Annapolis)
  • Location: Annapolis, MD.¹⁹
  • Office of Legal Counsel (Staff Judge Advocate): Located at Larson Hall Room 308, Annapolis, MD 21402.¹⁵
  • Contact Information:
    • Phone: (410) 293-1564.¹⁵
    • Fax: (410) 293-2588.¹⁵
    • DSN Phone: 312-281-2268.¹⁵
  • Hours: Monday – Friday: 8:00 a.m. – 4:00 p.m..¹⁵ Attorney appointments are scheduled through the Joint Base Anacostia-Bolling Office (202-767-7588) after initial contact with NSA Annapolis.¹⁵ Notary and power of attorney services are available at Larson Hall, Room 308.¹⁵
• Walter Reed National Military Medical Center (NSA Bethesda)
  • Location: Bethesda, MD.
  • Legal Services/JAG (Navy Legal Services Office): Located at 8955 Wood Road, Building #1, 7th Floor, Bethesda, MD 20889-0000.²⁶
  • Contact Information:
    • Phone: (301) 295-6052.²⁶

Coast Guard Installations

• Coast Guard Yard (Baltimore)
  • Location: 2401 Hawkins Point Road, Baltimore, MD 21226.²⁸
  • Legal Services: While a direct legal assistance office for the Coast Guard Yard is not explicitly detailed, the Yard does have a “Legal Service Command” listed among its points of contact.²⁸ For general Coast Guard legal assistance, the Office of Legal Assistance & Defense Services (CG-LAD) is located in Washington, D.C..³⁰ They provide legal assistance, defense services, and appellate defense.³⁰
  • General CG Legal Assistance Contact:
    • USCG Headquarters: (202) 372-3783.³¹
    • USCG 5th District (Mid-Atlantic) Legal Assistance (Norfolk, VA): (757) 628-4192.³²
  • USCG Sector Maryland – National Capital Region: Located at 2401 Hawkins Point Rd, Baltimore, MD 21226.³³ Their 24-hour Command Center is (206) 815-6987.³³ While their mission focuses on maritime safety and security, specific legal assistance contacts are not detailed for this sector directly in the provided materials.³³

5. Prominent Civilian Military Defense Lawyers and Firms

When facing military legal challenges, retaining a civilian military defense attorney can be a critical decision. These attorneys often bring specialized expertise and independence that can be invaluable. Several prominent lawyers and firms are known for their expertise in UCMJ cases and their ability to represent clients across various states and even worldwide.

Gonzalez & Waddington (ucmjdefense.com)

Gonzalez & Waddington, LLC, is a battle-tested military defense law firm with a global reputation for handling serious and complex cases.¹⁰ The firm is led by high-profile criminal defense attorneys Michael Waddington and Alexandra González-Waddington.³⁴ They aggressively defend criminal cases across all branches of the U.S. military—Army, Air Force, Navy, Marine Corps, Coast Guard, and Space Force—worldwide.³⁴

• Michael Waddington: A criminal defense lawyer and best-selling author, Michael Waddington defends military personnel under investigation or already charged.³⁵ His practice focuses on serious criminal cases, including sex crimes, war crimes, violent crimes, and white-collar crimes.³⁵ He has provided consultation to major media outlets like CNN, 60 Minutes, and the BBC.³⁵ Michael Waddington has co-authored three leading textbooks on cross-examination with Alexandra González-Waddington, which are used by criminal defense lawyers globally:Pattern Cross-Examination for Sexual Assault Cases, Pattern Cross-Examination of Expert Witnesses, and Pattern Cross-Examination for DNA and Biological Evidence.³⁴ He also teaches trial advocacy throughout the United States and has lectured at national conferences on defending military clients charged with sexual assault and impeaching prosecution witnesses.³⁵
• Alexandra González-Waddington: A founding partner of the firm and a Georgia registered mediator, Alexandra has represented and defended hundreds of defendants charged with sexual assault and has worked on notorious war crime cases from Iraq and Afghanistan.³⁵ Her cases have been reported by major media sources worldwide.³⁵ She co-authored the same three cross-examination textbooks with Michael Waddington.³⁵ Alexandra has lectured at national legal conferences on trial advocacy, cross-examination, expert witnesses, and jury selection, including topics on effectively communicating with diverse juries.³⁵ She previously served as a Public Defender for the Augusta Judicial Circuit, handling various criminal cases.³⁵

The firm emphasizes its unmatched trial experience, having tried over 200 court-martial cases, including war crimes, sexual assault, and murder.^{10 They offer nationwide and overseas defense, serving clients at major military bases globally, such as Fort Liberty, Ramstein AFB (Germany), Yokota Air Base (Japan), and Camp Humphreys (South Korea).10}

Philip D. Cave (court-martial.com)

Philip D. Cave is a highly experienced military defense lawyer with over 43 years of experience in military law.¹ His firm, a veteran-owned law firm, exclusively represents members of the U.S. Armed Forces in UCMJ and court-martial cases.¹

• Professional Profile: Philip D. Cave has extensive experience as a prosecutor, defense counsel, appellate advocate, and legal advisor in military cases.¹ He has served tours of duty in the U.S., during Gulf-I, on USS JOHN F. KENNEDY (CV 67), and overseas in Spain, Portugal, and Bahrain.¹ His experience also includes serving as a member of the Navy Clemency & Parole Board and the Joint Service Committee on Military Justice.³⁸ He has provided testimony at Cox Commissions on military justice and is regularly consulted by media for commentary on significant military justice cases.³⁸ His practice is 100% devoted to military law, with 90% focused on trial and appellate litigation.³⁸
• Service Areas: Philip D. Cave and Nathan P. Freeburg defend service members against charges including sexual assault, manslaughter, fraud, aiding the enemy, fraternization, drug offenses, AWOL violations, computer crimes, mutiny, desertion, drunk on duty, insubordination, and larceny.¹ They also handle court-martial appeals, adverse administrative actions (Article 15, performance reviews, promotion denials, letters of reprimand), security clearances, and cases in the Federal Court of Claims (e.g., claims for back pay due to wrongful discharge).¹ The firm’s motto is “Have briefcase (and Internet), will travel,” indicating their representation of military service members around the country and overseas.¹

Law Office of Patrick J. McLain, PLLC (mclainmilitarylawyer.com)

The Law Office of Patrick J. McLain, PLLC, is a civilian law firm specializing in military defense law and security clearance law, offering worldwide representation.³⁹

• Professional Profile: Patrick J. McLain brings over 30 years of experience in military law.³⁹ He is a former federal prosecutor, former USMC defense attorney, and retired court-martial trial judge, with over two decades of active service in the Marine Corps.³⁹ His firm is top-rated and award-winning, having successfully handled over 3,500 cases.³⁹ He is widely respected by peers and clients.³⁹
• Service Areas: The firm serves all six branches of the military worldwide.³⁹ They provide aggressive legal advocacy for clients facing military criminal charges, administrative actions, court-martial proceedings (summary, special, general), and appellate and review boards.³⁹ They handle cases related to discharges, physical evaluation board (PEB) appeals, officer misconduct, Article 15 hearings, and nonjudicial punishment proceedings.³⁹ Their locations include Clearwater, FL; Scottsdale, AZ; Washington, D.C.; Dallas, TX; San Diego, CA; and Oakdale, LA, demonstrating their national reach.³⁹

Richard V. Stevens (militaryadvocate.com)

Richard V. Stevens is a military defense lawyer with extensive experience, having served as a former active-duty military JAG attorney and as a civilian defense counsel since 2001.⁹ His firm exclusively represents military clients and handles only military cases.⁹

• Professional Profile: Richard V. Stevens has over a quarter-century of military law experience, with a focus on military cases since 1995.⁹ He is endorsed as a speaker and instructor in military law and has been repeatedly recommended by former military judges and senior JAG lawyers.⁹ He has earned a reputation as a premier military trial defense litigator and is recognized in the specialized legal practice area of military defense.⁹ His philosophy emphasizes protecting the rights of military members and aggressively defending them against all types of military adverse actions, ensuring they are protected by the Constitution.⁹
• Service Areas: Richard V. Stevens and his firm handle a wide range of military adverse actions and discipline, including courts-martial defense (Summary, Special, General), appeals, and clemency.⁹ They also manage administrative actions such as administrative separation/military discharge, Board for Correction of Military Records (BCMR), Medical & Physical Evaluation Board (MEB & PEB), Non-Judicial Punishment (NJP) / Article 15, and promotion removal/denial/demotion.⁹ Specific offenses handled include computer crime, drug crime, homicide, larceny, sexual assault, fraternization & adultery, national security, and war crimes.⁹ They represent clients in UCMJ Article 32 Hearings and Article 138 Complaints of Wrongs.⁹ The firm represents members of all military branches worldwide, with specific locations mentioned including California, Florida, North Carolina, Texas, and Washington, D.C..⁹

Aaron Meyer Law (aaronmeyerlaw.com)

Aaron Meyer Law is a firm led by Aaron Meyer, a civilian attorney with extensive experience in military law, who also served in the United States military.⁴² He is highly recommended by other legal professionals.⁴²

• Professional Profile: Aaron Meyer is committed to fighting for justice and vindicating the rights of individuals.⁴³ The firm emphasizes that military law is unique and differs significantly from civilian law.⁴² They advocate for hiring a civilian lawyer with a proven track record in court-martial cases, noting that appointed military lawyers (JAGs) may have limited court-martial experience, heavy caseloads, and less time to dedicate to individual cases.⁴²
• Service Areas: Aaron Meyer Law specializes in military criminal defense, including General and Special Court-Martial defense, Boards for Correction of Military Records (Discharge Upgrade), and Military Administrative Separation.⁴² They defend against charges under various UCMJ articles, such as Article 15 (Non-Judicial Punishment), Article 31 (Compelled to Incriminate Yourself), Article 32 (Preliminary Hearing), Article 80 (Murder), Article 92 (Failure to Obey an Order), Article 107 (False Official Statements), Article 112 (Drunk on Duty), Article 120 (Rape & Sexual Assault), Article 121 (Larceny), Article 128 (Assault), and Article 134 (General Article).⁴² The firm provides defense services at various military installations, including Air Force, Army, Coast Guard, Marine Corps, and Navy bases.⁴² They also handle related civilian criminal defense matters like domestic violence, drug crimes, sex crimes, theft, white-collar crimes, and violent crimes.⁴²

Law Offices of Murphy & Price LLP (jdmurphylaw.com)

The Law Offices of Murphy & Price LLP provide legal assistance to service members accused of crimes, with a focus on military criminal defense.⁴⁵

• Professional Profile: Attorney Dennis Murphy, a key figure in the firm, previously served as a member of the Navy Judge Advocate General (JAG) Corps, providing him with a strong understanding of military legal procedures.⁴⁵ The firm emphasizes that their civilian attorneys offer an independent perspective, not constrained by the military hierarchy, allowing them to collaborate with military counsel, challenge procedural violations, and prepare comprehensive defenses.⁴⁵
• Service Areas: The firm assists with a wide range of allegations, including sexual assault and misconduct, drug offenses, and child pornography charges.⁴⁵ They also provide legal counsel during military investigations by agencies like NCIS, CID, or AFOSI, helping service members avoid self-incrimination and prepare for proceedings.⁴⁵ Furthermore, they advocate for service members facing administrative separation proceedings, fighting against discharge or for a more favorable discharge type, and assist former service members seeking discharge upgrades.⁴⁵ The firm has offices in Annapolis and Ocean City, Maryland, and serves clients nationwide.¹⁸

6. Advantages of Retaining a Civilian Military Defense Attorney

When a service member faces military legal issues, the decision to retain a civilian military defense attorney can offer significant advantages that complement or surpass the support provided by appointed military counsel. These benefits stem from the civilian attorney’s unique position outside the military hierarchy and their specialized focus.

Independence from the Military Chain of Command

One of the most compelling reasons to hire a civilian defense attorney is their complete independence from the military chain of command.⁴⁶ Unlike military defense counsel, who operate within the constraints of the Judge Advocate General’s Corps, civilian lawyers are not subject to military evaluations, promotions, or supervisory chains of responsibility.⁴⁷

This structural independence ensures that their sole loyalty lies with their client, empowering them to challenge military authorities, legal violations, or procedural errors without fear of reprisal or conflict of interest.⁴⁶ This ability to operate without internal military pressures allows for a more assertive and uncompromised defense.

Specialized UCMJ Expertise and Extensive Experience

Civilian military lawyers often bring decades of trial experience in both military and civilian legal systems, providing a broader and deeper perspective than many appointed attorneys.⁴⁶ Many of these attorneys are former Judge Advocates (JAGs) themselves, possessing invaluable “inside” knowledge of how the military justice system operates.⁴⁷

This blend of experience enables them to craft defense strategies that consider every possible legal angle, protecting not only a client’s immediate interests but also their long-term goals, such as retaining their military career or avoiding designation as a sex offender.⁴⁶ Their specialization allows them to provide unparalleled insights into niche areas like security clearance hearings or disciplinary actions specific to any branch of service.⁴⁶

Dedicated Client Advocacy and Attention

Appointed military defense counsel often manage heavy caseloads, sometimes juggling 10-20 pending cases simultaneously, in addition to other administrative duties.⁴⁷ This can limit the time and resources they can dedicate to an individual case. In contrast, civilian attorneys typically take on new cases only when they can commit the necessary effort and attention.⁴⁶

This capacity for focused attention allows for a more personalized and thorough defense, which is particularly crucial for complex or serious charges such as sexual assault or rape.⁴⁶ Civilian attorneys are also often more aggressive in their approach to defending their clients, leaving no stone unturned in contesting prosecution evidence or challenging investigator conduct.⁴⁶

Broader Legal Support and Resources

Civilian military lawyers can offer a more comprehensive range of legal services beyond direct court-martial defense. For instance, they can assist with related legal matters involving family law (e.g., custody disputes exacerbated by military deployment) or handle civilian criminal defense for charges outside the military system.⁴⁶

Furthermore, civilian lawyers typically have extensive networks of external professionals, such as digital forensic analysts, medical experts, and psychologists. These resources can significantly strengthen a case, especially when dealing with highly technical evidence or complex allegations, in ways that appointed attorneys may not have the means to achieve.⁴⁶

Proactive Engagement

A significant benefit of hiring a civilian attorney is the ability to retain counsel before formal charges are preferred or even before an investigation is complete.⁴⁸ Military defense counsel are often not allowed to provide a defense attorney until the investigation is complete and charges are formally brought.⁴⁸ This means a service member might be alone in their defense during crucial early investigative phases.

Civilian attorneys, however, can be engaged immediately, providing critical advice and guidance during investigations, helping the accused avoid self-incrimination, and preparing a strong case from the outset, unconstrained by the strict regulations of the UCMJ system during the information-gathering and investigation phases.⁴⁸

7. Guide to Hiring a Civilian Military Defense Lawyer

Choosing the right civilian military defense lawyer is a critical decision that can profoundly impact a service member’s future. A thorough approach involves carefully considering several key factors to ensure that the chosen attorney is the best fit for the specific circumstances.

Due Diligence and Research

It is imperative to conduct thorough due diligence when seeking civilian military counsel. Service members should “shop around” by taking advantage of free consultations offered by many civilian military law firms.⁴⁹ During these consultations, it is advisable to read their websites, review their professional qualifications and ratings, and examine their military background and trial experience.⁴⁹

Websites should offer useful information beyond just a sales brochure, including detailed biographies and case histories.⁵⁰ This initial research helps in forming an impression of the attorney’s character and professional approach before direct communication.

Experience with UCMJ and Track Record

One of the most crucial factors is the attorney’s specialized experience in military law.⁵¹ Military law is a distinct field with its own rules, regulations, and procedures, which differ significantly from civilian courts.⁵¹ Therefore, prioritizing lawyers who have significant experience in handling UCMJ cases, including court-martial procedures, administrative separation processes, and non-judicial punishment (Article 15) matters, is essential.⁵¹

A lawyer with a military background, such as prior service or experience as a Judge Advocate General’s (JAG) Corps member, can offer a deeper understanding of military life and procedures.⁵¹

Beyond general experience, a proven track record of successful outcomes in cases similar to the client’s is vital.⁵¹ Service members should inquire about case results, client testimonials, or references from other military members to assess the attorney’s past performance.⁵¹ A solid track record in military courts indicates the attorney possesses the necessary skills and knowledge to achieve a favorable outcome.

Communication and Personality Fit

The attorney-client relationship is built on trust and effective communication. It is important to assess how the attorney communicates during consultations.⁵⁰ Does the attorney explain complex legal concepts clearly and in an understandable manner, or do they use confusing jargon?⁵⁰ Are they responsive to questions and concerns, keeping the client informed about the case’s progress?⁵¹

Beyond clarity, the attorney’s personality and character are significant. Clients should observe whether the attorney seems genuinely confident or merely conceited, and whether they acknowledge the competence of other attorneys (including appointed JAGs) or disparage them.⁵⁰ A good reputation among peers can be a force multiplier in military cases.⁵⁰ The goal is to find an attorney who fosters comfort and trust, ensuring the client feels confident in their representation during a challenging period.⁴⁷

Willingness to Travel Nationwide (and Overseas)

Given the global nature of military operations, many UCMJ cases require attorneys to travel to military installations across various states and even overseas. It is essential to confirm the attorney’s willingness and capability to travel wherever the client’s case may require.¹ Firms that explicitly state their worldwide representation capabilities demonstrate a commitment to serving service members wherever they are stationed.¹

Fee Structure Transparency

Legal representation can be a significant financial investment. Service members should be upfront about their budget and financial situation and inquire about the attorney’s fee structure.⁵¹ Many civilian military law firms operate on flat fees rather than hourly rates, which can provide predictability regarding costs.⁴⁹ It is common for firms to require some money upfront, and the amount can vary.⁴⁹

Transparency in billing practices, including clear explanations of fees and any potential additional costs, is crucial.⁵¹ While cost is a factor, the long-term benefits of a favorable outcome, such as preserving a military career and benefits, often outweigh the initial investment in an experienced and successful attorney.⁵¹

8. Common Questions and Answers on Military Legal Issues

This section addresses frequently asked questions related to military legal issues, the UCMJ, court-martials, and the process of hiring civilian defense counsel.

Who is subject to military law?

Active-duty military personnel are subject to military law, specifically the Uniform Code of Military Justice (UCMJ), at all times and in all locations, regardless of their geographical location.³ In some special cases, civilians operating with the military may also be subject to the UCMJ.³

What is the difference between military law and civilian law?

Military law, codified in the UCMJ, is a distinct federal criminal justice system.³ It includes many crimes found in civilian law (e.g., murder, theft) but also encompasses unique military offenses that affect good order and discipline, such as desertion, disrespect towards superiors, or fraternization.⁵ Unlike civilian law, which typically has geographical limits, military law applies to service members continuously, regardless of their location or duty status.³

What happens if a service member commits a crime?

Any suspected or alleged misconduct by a service member must be immediately investigated by the appropriate military law enforcement agency, such as the Army Criminal Investigation Division (CID), Naval Criminal Investigative Service (NCIS), Air Force Office of Special Investigations (OSI), or Coast Guard Investigative Service (CGIS).³

If the investigation concludes that a crime was committed, the decision authority will determine the type of action to take, which can include prosecution by court-martial, immediate non-judicial punishment (NJP) under UCMJ Article 15, or various other adverse administrative actions.³

Can a service member choose court-martial over Non-Judicial Punishment (NJP)?

Yes, in most cases, a service member can choose to be court-martialed instead of facing Non-Judicial Punishment (NJP) under Article 15 of the UCMJ.⁶ This is a right known as “refusing mast” (unless attached to or embarked on a vessel).⁶

What are the most common offenses tried at courts-martial?

Common offenses tried at courts-martial include desertion, drug offenses, sexual assault, larceny, fraud, murder, manslaughter, assault, adultery, conduct unbecoming an officer, Absent Without Leave (AWOL), fraternization, disrespect, and insubordination.² Sexual assault accusations are among the most aggressively prosecuted.⁴⁵

What are the possible consequences of a court-martial conviction?

A court-martial conviction can have significant and far-reaching consequences. These may include a federal criminal record, punitive discharge (bad-conduct discharge, dishonorable discharge for enlisted personnel, or dismissal for officers), confinement, forfeiture of all or part of pay and allowances, fines, and mandatory sex offender registration.²

Will a court-martial conviction affect civilian life?

Yes, a court-martial conviction results in a federal criminal record, which can severely impact future civilian employment, security clearances, and civil rights, such as the right to vote or possess firearms.² Punitive discharges (Bad Conduct Discharge, Dishonorable Discharge) can also affect eligibility for veteran benefits.⁴⁵

What should a service member do if suspected of a crime?

If suspected of a crime, a service member should remain calm and composed.² It is crucial to immediately invoke Article 31(b) rights, which include the right to remain silent and the right to counsel.³ Service members should contact a qualified military defense attorney as soon as possible and avoid making any statements to investigators or command members without their attorney present.³

What does a civilian lawyer do that a JAG cannot?

Civilian military lawyers offer several distinct advantages over appointed military defense attorneys. They operate independently of the military chain of command, ensuring their sole loyalty is to the client without fear of career repercussions within the military system.⁴⁶ Civilian attorneys can often dedicate more personalized attention to a case due to managing fewer cases than military defense counsel.⁴⁶

Many have extensive trial experience in both military and civilian courts, bringing a broader perspective.⁴⁶ Furthermore, civilian attorneys can be retained and begin working on a case during the investigative phase, even before formal charges are preferred, which is often not possible with appointed military counsel.⁴⁸

Can a civilian lawyer appear in a military court?

Yes, generally, any civilian attorney who is licensed in a state may appear in a court-martial without formally seeking admission.³ This allows service members the flexibility to choose external legal representation.

9. Conclusion

Navigating the Uniform Code of Military Justice and the military court-martial process is undeniably complex, presenting unique challenges and significant consequences for service members. The pervasive jurisdiction of the UCMJ, extending to all aspects of a service member’s life, coupled with the dual nature of military offenses that include both civilian-like crimes and distinct military conduct violations, underscores the demanding legal environment within the armed forces.

While the UCMJ provides important rights, such as the right against self-incrimination and the right to counsel, the broad and sometimes subjective definitions of military offenses necessitate a nuanced and expert defense.

The decision to retain a civilian military defense attorney emerges as a strategically sound choice for service members facing investigations or charges. These attorneys offer critical independence from the military chain of command, ensuring uncompromised advocacy solely focused on the client’s best interests.

Their specialized expertise in UCMJ cases, often honed through decades of experience as former military lawyers and civilian practitioners, provides a depth of knowledge that can be pivotal. Furthermore, their capacity for dedicated client attention, unburdened by the heavy caseloads often faced by appointed military counsel, allows for a more thorough and aggressive defense. The ability of civilian counsel to engage proactively from the earliest stages of an investigation, even before formal charges, can significantly shape the outcome of a case.

Ultimately, protecting a service member’s career, reputation, and future requires proactive engagement with legal counsel that possesses a deep understanding of military law and the strategic acumen to navigate its intricacies. The information presented herein aims to empower service members with the knowledge necessary to make informed decisions about their legal representation, ensuring they are well-equipped to face any challenges within the military justice system.