Military Justice Law

Military Justice

Military Justice - Termination of Reserve and National Guard Commitments & Defending Charges of AWOL and Desertion - All Branches of the Armed Forces

This country's war on terrorism has led to the activation of hundreds of Reserve and National Guard units. Thousands of individuals signed up with the Army, Navy, Air Force, Coast Guard or Marine Corps intending to supplement their families' income with part-time military service.

What should have been a part-time commitment has led many Americans into the wars in Iraq and Afghanistan. Individuals who refuse involuntary mobilization face a multitude of pitfalls. Being charged under the Uniform Code of Military Justice for Absence Without Leave and Desertion is a distinct possibility.

Significant prison sentences can stem from these AWOL or Desertion charges. Individuals who fail to report to their designated posts as a result of a mobilization order may be arrested pursuant to warrants issued by the armed forces and the federal government. The firm of Donet, McMillan & Trontz, P.A. has negotiated the termination of individual military contracts (Reserves and National Guard) as well as successfully defended numerous AWOL and Desertion cases.

The Military Justice section at Donet, McMillan & Trontz is dedicated to the representation of United States military personnel worldwide before military trial and appellate courts, administrative boards, all military tribunals. Ranges of practice include trial by court-martial, appeals to the Judge Advocate General, Courts of Criminal Appeals and the Court for Appeals for the Armed Forces; administrative separation and reduction boards; evaluations and fitness reports appeals; medical boards; professional credentials review boards (physicians, aviators, etc.); applications for correction of military and naval records.

We have represented soldiers and sailors at bases and posts all over the country. We have attended military proceedings at the Miami Beach Coast Guard Base, Miami Beach, Florida; Homestead Air Force Base, Miami, Florida; Hunter Army Air Field, Savannah, Georgia; MacDill Air Force Base, Tampa, Florida; Ft. Bragg, North Carolina; Ft. Stewart, Georgia; and Ft. Lewis, Washington. DMT has been honored to represent members of the US Army, Navy, Air Force, Coast Guard, and Marine Corps in their fight against mobilization orders.

Courts-Martial

Prosecution under the UCMJ is a serious matter. Convictions may not only affect your career, but your entire future. A court martial conviction is a criminal conviction and gives you a criminal record. A highly skilled criminal defense and military defense lawyer can make the difference in avoiding a court martial conviction for AWOL or Desertion charges. Remember, a civilian criminal defense lawyer can work in conjunction with your military defense lawyer to ensure the best defense possible.

Non-judicial punishment: Article 15

Although an Article 15 is less serious than a court martial, it can have a devastating effect on your career. You may not go to prison, but you can lose rank and pay. Article 15’s can be placed in your OMPF. This will certainly have negative impact on promotions, pay raises etc. Never accept an Article 15 when facing charges of AWOL or desertion without consulting a knowledgeable and experienced criminal defense lawyer with a military defense experience. An Article 15, like a court martial, can quickly end a career. You have a right to bring a criminal defense lawyer to your hearing before the commander.

Adverse Administrative Matters

Adverse administrative matters can range from letters of reprimand to discharge proceedings. The consequences of an adverse administrative action cannot be underestimated. Take them seriously and know your rights. Discharges for misconduct or unsuitability can affect your rights as a veteran and cause significant hardships. Before you act or respond talk to an experienced criminal defense lawyer. Never take legal advice from your chain of command or fellow soldiers, especially when you are fighting a mobilization order.