Air Force Civilian Defense Lawyer
Facing an Air Force Court-Martial? Call Patrick J. McLain
In the Air Force, a court-martial is the most serious disciplinary action you can face. As a criminal proceeding, your court-martial could result in a conviction that will remain on your permanent record if found guilty. A conviction could not only cost you your career and your freedom, but it would likely impact your chances of future employment.
Punishments include confinement, as well as forfeitures of pay, loss of paygrade, or worse yet, a bad conduct or dishonorable discharge. A court-martial conviction can also mean the loss of retirement pay, including the loss of a medical retirement, if you have a case pending in the disability evaluation system, even if you have a disability rating from a physical evaluation board.
To be clear, facing a court-martial does not mean you will be convicted. Far from it! The Law Office of Patrick J McLain PLLC has won many acquittals at trials by court-martial.
You can and should fight the charges against you, and you should find an attorney to fight for you. You can be defended by the military attorney who will be appointed for you, or you can hire a private defense attorney to represent you at your own cost, who will work with your active duty attorney to give you an even more powerful team. There are many skilled appointed military attorneys, but you will represent just one part of a typically large caseload which includes many other military duties, as well.
As a former trial counsel, defense counsel, and military judge on active duty, Patrick J. McLain knows how this system works. When you hire an Air Force defense attorney from our firm, you can rest assured that your case will be treated as a priority.
We defend members of the USAF against all types of criminal accusations, including:
- AWOL, desertion, and failure to report for duty
- Drug use/positive urinalysis tests
- Insubordination
- Fraud and larceny
- Sex offenses
- Fraternization and adultery
- Improper sexual conduct
- Sexual harassment
- Sexual assault
- War crimes
To discuss the benefits of hiring a civilian military defense attorney for your Air Force court-martial, contact the Law Office of Patrick J. McLain right away at (888) 606-3385 or contact us online.
Where We Work
- Eielson AFB
- Elmendorf-Richardson
- Gunter Annex
- Maxwell AFB
- Little Rock AFB
- Davis-Monthan AFB
- Luke AFB
- Beale AFB
- Channel Islands ANG Station
- Edwards AFB
- Los Angeles AFB
- March ARB
- McClellan AFB
- Travis AFB
- Vandenberg AFB
- Air Force Academy
- Buckley AFB
- Peterson AFB
- Schriever AFB
- Anacostia-Bolling JBAB
- Dover AFB
- Eglin AFB
- Homestead ARB
- Hurlburt Field AFB
- MacDill AFB
- Patrick AFB
- Tyndall AFB
- Dobbins ARB
- Moody AFB
- Robins AFB
- Andersen AFB
- Bellows AFS
- Pearl Harbor-Hickam
- Mountain Home AFB
- Scott AFB
- Grissom ARB
- Mike Base
- McConnell AFB
- Barksdale AFB
- Hanscom AFB
- Otis Air National Guard Base
- Westover ARB
- Andrews AFB
- Battle Creek Air National Guard Base
- Selfridge Air National Guard Base
- Minneapolis-Saint Paul ARS
- Richards-Gebaur AFB
- Whiteman AFB
- Columbus AFB
- Jackson-Evers International Airport Air National Guard
- Keesler AFB
- Malmstrom AFB
- Seymour Johnson AFB
- Grand Forks AFB
- Minot AFB
- Offutt AFB
- New Boston Air Force Station
- McGuire-Dix-Lakehurst
- Cannon AFB
- Holloman AFB
- Kirtland AFB
- Creech AFB
- Nellis AFB
- Francis S. Gabreski Air National Guard Base
- Mitchel Field
- Niagara Falls ARS
- Stewart Air National Guard Base
- Wright-Patterson AFB
- Youngstown-Warren ARS
- Altus AFB
- Tinker AFB
- Vance AFB
- Kingsley Field Air National Guard Base
- Pittsburgh IAP ARS
- Quonset Air National Guard Base
- Charleston AFB
- Shaw AFB
- Ellsworth AFB
- Arnold AFB
- Brooks City-Base
- Dyess AFB
- Goodfellow AFB
- Lackland AFB
- Laughlin AFB
- Randolph AFB
- Sheppard AFB
- Hill AFB
- Langley AFB
- Fairchild AFB
- Lewis-McChord
- FE Warren AFB
- Kleine Brogel Air Base
- Buechel Air Base
- Geilenkirchen Air Base
- Ramstein Air Base
- Sembach Air Base
- Spangdahlem Air Base
- Moron Air Base
- RAF Alconbury
- RAF Croughton
- RAF Fairford
- RAF Lakenheath
- RAF Menwith Hill
- RAF Mildenhall
- RAF Molesworth
- Thule Air Base
- Papa Air Base
- Aviano Air Base
- Ghedi Air Base
- Kadena Air Base
- Misawa Air Base
- Yokota Air Base
- Kunsan Air Base
- Osan Air Base
- Volkel Air Base
- Stavanger
- Lajes Field AB
- Al Udeid Air Base
- Incirlik Air Base
- Izmir Air Station
Your Rights at Your Air Force Court-Martial
At an Air Force court-martial, you are guaranteed certain rights by both the United States Constitution and the Uniform Code of Military Justice (UCMJ). The end result is that you enjoy all of the protections afforded during a civilian criminal trial, plus some additional rights guaranteed under the UCMJ that civilians do not have.
The rights you are guaranteed by the Constitution may be familiar to you. They include:
- The right to avoid self-incrimination
- The right to face your accuser
- The right to call witnesses
- Presumption of your innocence
- Protection against unlawful search and seizure
- Right to a fair and speedy trial, and
- Protection against double jeopardy.
In addition to your constitutional rights described above, you will also have additional protections compared to a civilian trial. One right is the assignment of an active duty attorney for your defense team. Even more essential is your greater right to access to evidence (discovery), protection against use of your statements against you (Article 31b UCMJ), and your right to have witnesses and experts produced for your case at government expense. These are all rights that, by and large, are denied a civilian in a criminal court.
When you hire a civilian Air Force defense lawyer, make sure that counsel knows these unique aspects of court-martial practice. Experience counts. Patrick J. McLain has been in the practice of military law for over thirty years.
The Direct Consequences of a Conviction
If you are ultimately convicted at your Air Force court-martial, the UCMJ outlines nine different types of potential penalties you might face. A court-martial sentence will depend, in part, on the charges in the guilty verdict. More essential, punishment is heavily influenced by the evidence presented to the military judge or jury in the sentencing phase of a court-martial. Your attorney must be skilled and experienced in presenting an effective sentencing case since some cases will result in a conviction.
The penalties allowed under the UCMJ include:
- Reprimand
- Fines
- Restriction
- Forfeiture
- Hard labor without confinement
- Reduction in Grade
- Confinement
- Punitive Discharge
- Death
If you are convicted, your sentence is not the end of your case.. Not only do you have the ability to appeal your case, but many Air Force court-martial are automatically under appellate review, by operation of the UCMJ. During the course of your appeal, you are entitled to retain civilian defense counsel every step of the way.
The time frame under which your punishment becomes effective will vary depending on the type of penalty prescribed. For example, if you are sentenced to forfeit your pay or lose your rank, that punishment can take at least two weeks to become effective, and your attorney can ask for a delay or disapproval of loss of pay, for the benefit of your family. You should discuss all these options with military attorney Patrick J. McLain, if you hire him to be your advocate.
Collateral Consequences of a Court-Martial
The direct penalties prescribed under the UCMJ are only part of the potential consequences you may face in a court-martial proceeding. There are also collateral consequences to you that will likely outlast any court-martial sentence. That is why it is often wiser to plead Not Guilty and fight charges, since that may positively affect what sentence you may be facing.
Some court-martial convictions are treated as felonies in the civilian world. Every state views court-martial convictions under their own laws, but it is common for crimes that would be a felony under civilian law to be viewed as a felony when the conviction is in a military court. A felony on your record can impact your life by making it difficult to get a job, maintain housing, own firearms, or vote.
Another consequence of a conviction is potentially being required to pay back any bonus money or educational benefits that you have received from the Air Force. This could come well after bonus money has been spent, a collateral consequence that will put you in a major bind financially. If you received financial aid to go to school from the Air Force, you will likely be ordered to pay that money back as well. The end result is the possibility of suddenly owing the Air Force tens of thousands of dollars, in some cases over one hundred thousand dollars or more.
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
How a Civilian Military Defense Lawyer Can Help You
The consequences described above are serious, but you should seek to avoid a conviction entirely. Patrick J. McLain is a USAF criminal defense attorney who has been fighting for military personnel for over thirty years. As a former Marine Corps military judge, Patrick J. McLain has the skills and knowledge to provide you with a strong defense.
Contact military defense lawyer Patrick J. McLain today for a free phone consultation.
OUR CLIENTS SAY IT BEST
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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 -
"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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"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. -
"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. -
"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. -
"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
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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