Aggressive Fort Campbell Civilian Defense Attorney
Since 1941, the United States Army has operated Fort Campbell on the Kentucky-Tennessee border. The fort is home to both the 101st Airborne Division and the 160th Special Operations Aviation Regiment. If you are facing military discipline while serving at Fort Campbell, contact attorney Patrick J. McLain today.
Your Right to a Fort Campbell Civilian Defense Counsel
If you are anticipating disciplinary proceedings against you at Fort Campbell, do not hesitate to reach out to your choice of civilian defense counsel.
Contact attorney and former military judge Patrick J McLain today.
.2402230825550.png)
Types of Military Justice at Fort Campbell
There are two commonly-used forms of military justice at Fort Campbell: nonjudicial punishment and trial by court-martial.
Nonjudicial Punishment
Nonjudicial punishment (NJP) is a form of administrative discipline. In the Army, this process is informally known as Article 15. An NJP is initiated by your commanding officer. The process is less formal than a criminal trial, including the rules regarding witnesses and evidence. While it is not a formal criminal proceeding, an adverse outcome will still result in serious consequences.
You have the right to reject an Article 15 in favor of a trial by court-martial. This choice is a tradeoff, as a trial by court-martial offers more rights but steeper penalties. The choice to reject an NJP is important and should never be made without first consulting legal counsel.
If you are convicted, you have the right to appeal. However, the appeal is heard up your chain of command as opposed to a dedicated appellate court. The possible grounds for an appeal include:
- the outcome was unjust, or
- the punishment was disproportionate.
Court-Martial
A trial by court-martial is a formal criminal proceeding. Unlike an NJP, a conviction will end up on your permanent record. This conviction can impact your life after your military career is over. A trial by court-martial is a formal proceeding overseen by a military judge. The rules regarding witness testimony and evidence are more restrictive than in an NJP.
If you are convicted, you have the right to appeal. In many cases, a conviction will automatically trigger an appellate review. The two appellate courts that deal with Army court-martial appeals include:
- the Army Court of Criminal Appeals; and
- the Court of Appeals for the Armed Forces.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
-
Former Federal Prosecutor & Military JudgeAttorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
-
Over Two Decades in the U.S. Marine Corps
-
Our Firm is Top-Rated & Award-Winning
-
Over 3,500 Cases Successfully Handled
Common Offenses at Fort Campbell
Any violation of the UCMJ can lead to either an Article 15 or a trial by court-martial. However, minor charges are more likely to result in an NJP. Some common offenses are listed below.
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Fraternization
- Violation of orders
- Destroying government property
Common Court-Martial Offenses
Potential Penalties
The potential penalties from an NJP or trial by court-martial can follow you for the rest of your career. Common penalties in an NJP include:
- restriction
- loss of pay
- extra duties
- loss of rank.
The penalties for a court-martial are similar, but can also include incarceration or a punitive discharge. Unfortunately, a conviction in either proceeding can lead to separation proceedings.
OUR CLIENTS SAY IT BEST
-
"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. -
"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
-
"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
-
"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
-
"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 -
"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.
STAY UP TO DATE
-
Understanding the Different Types of Court-Martials: Summary, Special, and General -
Military Appeals: Process and Tips for a Successful Appeal
-
Navigating a Court-Martial: What to Expect and How to Prepare
.2409270742160.jpg)
.2409270735437.jpg)
