If you need an experienced military lawyer, look no further. Attorney Matt Fogal has handled a wide range of matters, including courts-martial, administrative adverse actions, and issues under the Uniform Code of Military Justice (UCMJ). He also represents National Guard members facing state military justice actions, including non-judicial punishment. If you need legal assistance, Chambersburg military defense lawyer Matt Fogal is ready to lend a helping hand.
Types of Court-Martials
If you have been accused of violating military law, you will be subject to a military criminal trial, known as a court-martial. There are three types of court-martials, each imposing its own penalties:
Summary Court-Martial
This type of court-martial is reserved for minor offenses and is presided over by a single officer. Penalties may include a demotion in rank or limited confinement. For example, if you are classified as an E-4 (4th enlisted pay grade in the military), then you are subject to a maximum of one month confinement. Although the penalties are less severe, the accused enjoys fewer rights. For example, while you have the right to consult with a military attorney before trial, you do not have the right to be represented by an army attorney during trial. Additionally, while you have the right to object to a summary court-martial, your case could be sent to a higher court-martial, potentially imposing more severe penalties.
Special Court-Martial
If you have been accused of a misdemeanor offense, you may be prosecuted under a special court-martial. Similar to a civilian misdemeanor court, a special court-martial involves a judge and at least three military officers. The penalties are more severe, with the potential for 12 months confinement, a two-thirds reduction in pay per month for up to one year, and a reduction in rank.
General Court-Martial
A general court-martial is the most severe type of military trial, compared to a civil felony trial. This type of military trial is reserved for the most serious offenses, such as murder, rape, or treason. Under the United States Code, the court can only be convened by the President, the Secretary of Defense, a commanding officer of a specified combatant command, or other high-ranking official. The trial is overseen by a judge and at least five military officers. If convicted, you could be sentenced to life in prison, the death penalty, or dishonorable discharge.
Administrative Actions in the Military
If you have failed to complete training, have been found guilty of misconduct, or have failed to fulfill NCO or Command responsibilities, you may face an administrative demotion. You can also be demoted if you violate the UCMJ, and a reduction in rank is a possible form of discipline. A demotion can have a significant impact on your career, livelihood, health benefits, and retirement benefits.
To appeal this decision, you will need a military defense lawyer who can help build a strong defense to advocate for you. Based on the circumstances of your case, military defense attorney Fogal may challenge this demotion by pinpointing weaknesses in the military’s evidence. If that approach is not the most beneficial, attorney Fogal may assess the military’s process to determine whether any procedural errors were made.
Military Defense Attorney Matt Fogal Works Tirelessly By Your Side
The military is subject to its own rules and regulations, making it essential that you work with someone well-versed in military law. With military experience as a Judge Advocate on consecutive military assignments, military defense lawyer Matt Fogal has first-hand knowledge of the complexities of the military court system. If you have found yourself on the wrong side of the law, don’t wait. Send a message or call (717) 868-8151 to arrange your confidential consultation.