Formidable Davis-Monthan AFB Civilian Defense Attorney
Located in Tucson, Arizona, the Davis-Monthan Air Force Base was originally built as a basic airfield in 1925. Since 1940, it has operated as a base for the U.S. Air Force. Davis-Monthan AFB is home to the 355th Wing and a variety of combat groups. However, it is best known for its “aircraft boneyard” where excess military aircraft are stored. If you serve at Davis-Monthan AFB and anticipate facing military discipline proceedings, you have the right to your choice of a civilian defense attorney.
Contact a Davis-Monthan AFB Civilian Defense Lawyer
Regardless of the type of military discipline you face, you have the right to hire the civilian defense counsel of your choice. Attorney Patrick J. McLain is a former military judge that has dedicated his career to fighting service members accused of wrongdoing.
To discuss your legal options, contact Patrick J. McLain today.
Types of Military Justice at Davis-Monthan AFB
When it comes to military discipline at Davis-Monthan AFB, there are two common proceedings:
- nonjudicial punishment (NJP); and
- trial by court-martial.
Nonjudicial Punishment
Nonjudicial punishment is an administrative disciplinary proceeding used by each branch of the military. In the Air Force, it is commonly referred to as Article 15. Because these are administrative proceedings, a conviction is not reflected on your permanent criminal record. That does not mean the consequences are not severe.
Article 15 is initiated and overseen by your commanding officer. The rules regarding testimony or other evidence are lax compared to a formal court-martial. You do, however, have the right to reject an NJP in favor of a trial by court-martial. A court-martial is more likely to bring stiff consequences, but there are benefits from rejecting an NJP in some cases. Always consult with legal counsel before rejecting an NJP.
If you receive an unfavorable result in an NJP, you have the right to appeal. However, that appeal is heard up the chain of command as opposed to in a formal appellate court. Grounds for an appeal include an unjust outcome or disproportionate punishment.
Court-Martial
A trial by court-martial is a formal criminal proceeding. If convicted, it will be reflected on your criminal record. These proceedings are more formal than an NJP in that they are overseen by a military judge. Additionally, the rules for questioning witnesses and introducing evidence are far more strict.
If convicted in a Davis-Monthan AFB court-martial, you have a right to an appeal. There are two levels of courts that hear appeals from Air Force court-martial convictions:
- the Air Force Court of Criminal Appeals; and
- the Court of Appeals for the Armed Forces.
Just like an NJP proceeding, you have the right to a civilian defense attorney at every stage of your appeal.
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 Davis-Monthan AFB
While you can face a court-martial proceeding at Davis-Monthan AFB for any violation of the UCMJ, there are some offenses more commonly dealt with through an Article 15.
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Fraternization
- Violation of orders
- Destroying government property
Common Court-Martial Offenses
Potential Penalties
The penalties for either an NJP or a trial by court-martial could include:
- Restriction,
- Loss of pay
- Extra duties, and
- Loss of rank
What's more, a conviction at trial by court-martial could also lead to incarceration or a punitive discharge.
OUR CLIENTS SAY IT BEST
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"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. -
"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. -
"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. -
"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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"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 -
"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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"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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"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
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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