Military in the United States has a rich history. The independence that this country boasts of was won because of hardworking soldiers both on American soil and overseas. People who have been in the military are not treated as normal civilians and hence have special laws which apply to them. These laws govern various aspects of the military regime and have their own set of rules that make up the military justice system. The Uniform Code of Military Justice (UCMJ) is the base federal law based on which the entirety of military law has been created. On a bare perusal, the Uniform Code of Military Justice might look similar to other civilian federal laws, however military lawyers Minot ND will be able to guide you through the differences between both.
The Uniform Code of Military Justice is a lot more strict and has its own set of rules for conducting the trial and awarding sentencing. The UCMJ applies to all members of the military, past, and present. It governs all personnel who are still on active duty, activated reservists, retirees, and Guard members. All of them can be held liable under the Uniform Code of Military Justice even if they are accused of a crime committed while being off duty. Even if the crime had nothing to do with the military or have any relation thereof, they can still be held liable under the Uniform Code of Military justice along with civilian penalties. If found guilty under the Uniform Code of Military Justice, the accused can face punishments that range from losing Veterinary privileges to even losing their pay, discharge, and confinement.
Navigating Military Justice System can be extremely difficult as not only as of the Military laws stricter than civilian laws, these cases are also tried in the Military’s own martial courts. While the Martial courts also provide the accused with a lawyer, they still have a right to hire their own private counsel. In such situations, it is highly advisable that those accused hire their own military lawyers Minot ND who have only their client’s interest at heart. As the accused can also face civilian trial, it is best to hire a military law firm Minot ND that can represent you in both of these Courts to avoid any mistrial or complications.
How does Military Law Work?
If any member of the military is found to be in violation of the Uniform Code of Military Justice or has engaged in any illegal activities, they can be tried at a special military hearing or face a civilian trial. These trials happen based on the jurisdiction and severity of the crime. If the accused is found guilty, they receive a “non-judicial punishment” or a “court-martial”. This is decided based on the severity of the crime.
Non-judicial punishment: These are usually given out for the lesser of the crimes. These can be minor infractions of rules, regulations, or the Law. These punishments can be given out on the spot If the situation calls for it. The commanding officer can summon a non-judicial punishment in just a few hours and hand out the non-judicial punishment if they so feel the need to do so. This fast-track trial and sentencing is done to maintain discipline and order within the military. Non-judicial punishments usually encompass a demotion in the pay grade or losing pay for a period of time and in some cases, they can even be asked to restrict their presence to a certain place/ quarter. If an officer is on the receiving end of many non-judicial punishments, they can then be processed to be removed from the force.
As the Military law is very strict and can happen at a moment’s notice, it can be very to keep track of what your rights are and how to enforce them. It is important that you are made aware of all your rights as a member of the service or family of any member. Military lawyers Minot ND can be hired for such purposes and more. Ward K Johnson boasts of a highly experienced and trained team of military law firm Minot ND, who are also licensed to represent you, your spouse, or any other member related to or in the Military in the State, Federal, and Martial Courts. Contact us now!