Smart, Strategic Fort Liberty Civilian Defense Attorney
Located near Fayetteville, North Carolina, Fort Liberty is a United States Army installation that is home to the XVIII Airborne Corps. The installation has been in continuous operation since 1918 when it was established as an artillery training ground. Fort Liberty's strategic importance has since grown and it is now the headquarters of U.S. Army Special Operations Command (USASOC) and U.S. Army Forces Command (FORSCOM). If you are facing disciplinary proceedings while serving at Fort Liberty, do not hesitate to contact former military judge and attorney Patrick J. McLain today.
Your Right to a Fort Liberty Civilian Defense Counsel
You do not have to face the prospect of military discipline on your own.
To discuss your defense options, contact attorney and former military judge Patrick J. McLain right away.
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Types of Military Justice at Fort Liberty
There are two different types of disciplinary proceedings commonly used in the United States Army: nonjudicial punishment and trial by court-martial.
Nonjudicial Punishment
Nonjudicial punishment, or NJP, is a type of administrative military discipline. Commonly referred to as Article 15 in the Army, an NJP is not a formal criminal proceeding and will not result in a conviction on your permanent criminal record. That doesn't mean the consequences are not severe, however. Article 15 is initiated and overseen by your commanding officer. While there are rules related to witnesses and evidence, the process is much less formal than a trial by court-martial.
It is important to understand that you have the right to reject an NJP in favor of a trial by court-martial. This is a tradeoff, as a court-martial adds additional procedural protections but also carries steeper penalties. Never reject an NJP without first discussing your options with experienced legal counsel.
You also have the right to appeal any adverse decision. Instead of going before an appellate court, however, your NJP appeal will instead go up the chain of command.
Court-Martial
Unlike Article 15, a trial by court-martial is a formal criminal proceeding. A conviction will be reflected on your permanent criminal record. Your trial by court-martial would be overseen by a military judge. The proceedings are governed by formal rules related to the introduction of evidence.
You have the right to appeal a conviction in a Fort Liberty trial by court-martial. In fact, many cases will automatically result in an appellate review. The two dedicated appeals courts for the Army 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?
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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 Liberty
You could face either an NJP or a trial by court-martial for any violation of the UCMJ. However, some charges are more likely than others to be dealt with through nonjudicial punishment. Examples of common offenses for an NJP or court-martial proceeding 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
Regardless of the type of discipline you face, the penalties from a conviction could haunt you forever. Many NJP cases result in penalties like
- restriction
- loss of pay
- extra duties
- loss of rank.
In more serious court-martial cases, you could face incarceration or a punitive discharge. Any conviction, regardless of the punishment assigned, could also lead to separation proceedings.
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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"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. -
"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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"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 -
"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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