Court-Martial and Admin Boards at Marine Corps Base Quantico
Marine Corps Base Quantico, surrounding the town of Quantico, Virginia, is the Marine training center unofficially known as the “Crossroads of the Marine Corps.” In addition to hosting Marine Corps University, The Basic School, and the Officer Candidates School, MCB Quantico is also home to the FBI Academy. If you are facing a military disciplinary proceeding while stationed at MCB Quantico, you have the right to be defended by a civilian attorney.
Your Right to a Civilian Attorney
If you are facing a disciplinary proceeding at MCB Quantico, you have the right to a private civilian defense attorney. Attorneys the military provides most often have enormous caseloads and a limited amount of time to focus on each case, yours included.
Alternatively, you can expect a private attorney to dedicate the time necessary to properly defend your case.
To discuss your defense options with a private defense lawyer and retired Marine Corps military judge, contact MCB Quantico military attorney Patrick McLain today.
Types of Military Justice at MCB Quantico
There are a few types of disciplinary proceedings under the Uniform Code of Military Justice (UCMJ). These include both criminal court-martial proceedings as well as administrative actions.
Nonjudicial Punishment
Also known as “Office Hours,” one common method of military discipline is formally known as nonjudicial punishment. Nonjudicial punishment (NJP) is not a criminal proceeding. Instead, it is an administrative action undertaken by your commanding officer at his or her discretion.
While your commanding officer has the authority to initiate nonjudicial punishment, you have the right to refuse and demand a trial by court-martial. An exception to the right to refuse is when you are attached to, or embarked on, a vessel. The potential penalties for a court-martial are more severe than an NJP, so it is important you discuss your options with a military defense attorney before making a decision.
Should you accept NJP, and the result is unfavorable, you have the right to appeal. An appeal can be based on your belief the outcome was unjust or the punishment was disproportionate. The appeal will be heard by the next officer up the chain of command.
Court-Martial
Unlike an NJP, a court-martial is a criminal proceeding pursuant to the UCMJ. A conviction will reflect permanently in your criminal record. Any violation of the UCMJ may be grounds for court-martial, even conduct that would also fall under an NJP.
If you are convicted at a court-martial hearing, you are entitled to an appeal. There are two levels of appellate courts to hear cases from Marine court-martial:
- The Navy-Marine Court of Criminal Appeals; and
- The Court of Appeals for the Armed Forces.
Your right to a private civilian defense attorney does not end after your court-martial ends. You have the right to private counsel during an appeal as well.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military JudgeAttorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
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Over Two Decades in the U.S. Marine Corps
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Our Firm is Top-Rated & Award-Winning
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Over 3,500 Cases Successfully Handled
Common Offenses at MCB Quantico
There are a wide variety of violations that frequently result in NJP or court-martial proceedings. Here are just a few:
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Fraternization
- failure to obey orders
- Destroying government property
Common Court-Martial Offenses
Potential Penalties
Some of the common penalties for an NJP include:
- Restriction,
- Loss of pay,
- Extra duties, and
- Loss of rank.
However, a conviction from either an NJP or a court-martial can be enough to end your military career through administrative separation (enlisted) or a show cause hearing (officers). If you are convicted at a court-martial, you could also face serious penalties, such as incarceration or a punitive discharge.
OUR CLIENTS SAY IT BEST
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"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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"Amazing strength and integrity with the combination of experience, insight, and knowledge of military law."
I have found my lawyer Patrick McLain, to be honest, right to the point, consistently giving me realistic outcomes through the whole process of my case. He's definitely no nonsense, cut to the chase. As a client…I've never been left hanging; he makes sure all my correspondence is returned. He's got amazing strength and integrity with the combination of experience, insight, and knowledge of military law. He stands behind his words and expects the same in return. I say my blessings every day for him taking my case. With him as my attorney, I've achieved best possible outcomes.
- Gina F. -
"Thanks to him I am now able to get on with my life."
It took some time to make it happen, but it did just like Patrick said, he is a hard charging guy that can help you get what you deserve, Thanks to him I am now able to get on with my life.
- Chip -
"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
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"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
- Dan C. -
"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C.
STAY UP TO DATE
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Understanding the Different Types of Court-Martials: Summary, Special, and General -
Military Appeals: Process and Tips for a Successful Appeal
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Navigating a Court-Martial: What to Expect and How to Prepare
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