Gorecki & O'Callahan can represent soldiers at any type or stage of court-martial.
Subject to the Military UCMJ
The Uniform Code of Military Justice is a set of well-defined rules governing all members of the United States armed forced. The military UCMJ, as it is called, spells out in exact terms who is subject to its rules. Additionally, Articles 77 through 134 are known as the "punitive articles" because they specify the violations that can result in a court martial.
According to the UCMJ, all members of the regular armed forces are governed by the code. This includes the Army, Navy, Marine Corps and Air Force. The National Oceanic and Atmospheric Administration Commissioned Corps and the United States Public Health Service Commissioned Corps are also included but only when attached to a military unit. Similarly, members of the National Guard must follow the UCMJ military law when they are on active duty.
UCMJ Violation
There are nearly 60 articles dictating offenses that could result in a punishment of court martial. These "punitive articles" are defined in subchapter 10 of the Military UCMJ. The exhaustive list includes all forms of UCMJ violation. Some of the offenses include conspiracy, desertion, mutiny, espionage and perjury. Other violations are more common that could require legal assistance. A list of these would include murder, manslaughter, rape and assault.
Army UCMJ Prosecution
When a member of the United States Army is accused of violating any of the articles of the Army UCMJ, he is subject to a court martial. In this situation, the government is represented by a member of the Judge Advocate General's Corps. The individual accused of an UCMJ violation, on the other hand, can be represented by an assigned military lawyer or the lawyer of his choice. If the accused individual chooses to hire a civilian lawyer, he must pay for the expense independently.
UCMJ Military Law Knowledge
If you have been accused of violating an article of the UCMJ, you will want excellent legal council. Knowledge of the UCMJ military law is not common place among all lawyers. You will want a lawyer who specializes in ARMY UCMJ. Although a military lawyer will be appointed, this is not always the best option for all cases. If you choose to hire a civilian lawyer, ensure they have an impeccable knowledge of the articles so they know how to defend you properly.
Copyright Gorecki & O'Callahan, 2007.