Fort Huachuca Civilian Defense Lawyer
Established in the years following the Civil War, Fort Huachuca is a United States Army facility located in southeast Arizona. Originally constructed to secure the border with Mexico during the Apache Wars, Fort Huachuca is now home to the United States Army Intelligence Center and other occupants. If you are facing military discipline at Fort Huachuca, reach out to attorney and retired military judge Patrick J. McLain today.
Your Right to a Fort Huachuca Civilian Defense Counsel
If you are facing disciplinary proceedings against you at Fort Huachuca, it is important to reach out to your choice of civilian defense counsel.
Call attorney and former military judge Patrick J McLain today at (888) 606-3385.
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Types of Military Justice at Fort Huachuca
Military justice comes in two common forms at Fort Huachuca: nonjudicial punishment and trial by court-martial.
Nonjudicial Punishment
Nonjudicial punishment (NJP) is an administrative disciplinary proceeding that does not result in a criminal conviction on your permanent record but can still result in serious penalties. Commonly referred to as Article 15 in the Army, these proceedings are first initiated by your commanding officer. Instead of a military judge, your commanding officer will also oversee the proceedings.
A unique aspect of Article 15 is your ability to reject the proceeding in favor of a trial by court-martial. This might seem unusual, given that a court-martial carries steeper penalties. However, they also offer more procedural protections at trial. The decision to reject an NJP should never be taken lightly and should only occur following guidance from an attorney.
If an Article 15 does not go your way, you have the right to appeal the decision. However, these cases are not heard by a formal appellate court. Instead, the appeal is heard up the chain of command.
Trial by Court-Martial
A court-martial differs from an NJP, in that it is a formal criminal proceeding. If convicted at trial, the conviction will be placed on your permanent record. This can impact you long after your military service is over.
A trial by court-martial is more formal than an Article 15 and is presided over by a military judge. There are also formal rules related to the admission of evidence that do not apply in an NJP. If you are convicted, you have the right to appeal the decision. In many cases, appellate courts will automatically take up your case.
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 Fort Huachuca
Any violation of the UCMJ can result in either nonjudicial punishment or a trial by court-martial. However, minor charges are more likely to result in an NJP at Fort Huachuca. 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 Article 15 or trial by court-martial can have a long-lasting impact on your life. Common penalties in an NJP include:
- restriction
- loss of pay
- extra duties
- loss of rank.
In addition to these penalties, a conviction at a trial by court-martial could also include incarceration or a punitive discharge. Additionally, a conviction in either proceeding can lead to separation proceedings.
OUR CLIENTS SAY IT BEST
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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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"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 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.
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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 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. -
"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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"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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