When a service member faces criminal charges under the Uniform Code of Military Justice (UCMJ), their freedom, career, and future may hang in the balance. In these high-stakes situations, the role of military defense counsel is not merely supportive—it is fundamental to preserving justice and due process in the military legal system.
At The Griffin Law Firm, our experienced military defense attorneys are committed to defending the constitutional rights of military personnel accused of misconduct, whether at court-martial, during administrative separation (ADSEP) proceedings, or in non-judicial punishment (NJP) actions. In this article, we explore the distinct duties of military defense counsel, the complex legal landscape they navigate, and why securing seasoned representation is vital when facing adverse action in the military justice system.
1. Duties and Responsibilities of Military Defense Attorneys
A military defense lawyer represents service members accused of criminal offenses under the UCMJ. These offenses can range from minor misconduct to serious charges such as sexual assault, drug offenses, AWOL, desertion, or assault. Defense counsel may be a military attorney detailed by the Judge Advocate General’s (JAG) Corps or a civilian military defense attorney retained by the service member.
Defense counsel’s responsibilities include:
- Advising the Accused: Military defense attorneys advise clients on their rights under Article 31(b), including the right to remain silent, the right to counsel, and protections against self-incrimination.
- Investigating the Case: Independent investigations are critical. Defense counsel often uncover exculpatory evidence, interview witnesses, and challenge the government’s version of events.
- Litigating Pretrial and Trial Issues: This includes filing motions to suppress unlawfully obtained evidence, challenging improper command influence, or seeking dismissal based on procedural defects.
- Advocating at Article 32 Hearings: In felony-level cases, defense attorneys represent the accused at Article 32 preliminary hearings—akin to a civilian grand jury proceeding—to contest probable cause and shape the government’s case.
- Negotiating Plea Agreements: In appropriate cases, defense counsel may negotiate favorable plea deals to minimize penalties or avoid punitive discharge.
- Post-Trial Representation: After conviction, defense attorneys may assist with clemency petitions, appeals to the service branch's Court of Criminal Appeals, and applications for discharge upgrades or record corrections.
2. Legal Challenges Unique to Military Defense Counsel
Unlike civilian criminal defense attorneys, military defense counsel must operate within a hierarchical structure where commanders wield significant legal and administrative authority. This creates unique challenges, including:
- Unlawful Command Influence (UCI): The most corrosive threat to the fairness of the military justice system, UCI occurs when commanders improperly influence the outcome of a case. Defense counsel must remain vigilant to detect and challenge it.
- Access to Evidence and Experts: Defense counsel often face limitations in obtaining necessary expert witnesses, forensic testing, or access to classified information—barriers that can impair the defense unless aggressively litigated.
- Speedy Trial and Pretrial Confinement Issues: Military law imposes specific deadlines under Rule for Courts-Martial 707 and Article 10, UCMJ. Violations of these timelines may result in dismissal of charges if properly raised by the defense.
3. The Importance of Zealous, Independent Representation
The presence of a knowledgeable, experienced defense attorney can make the difference between a conviction and an acquittal—or between a punitive discharge and continued service. Military defense counsel are the first and often only line of defense for preserving:
- Due process and fair trial rights
- Protection against command abuse or overreach
- Meaningful review of evidence and procedural fairness
In short, a skilled military defense lawyer ensures that justice in uniform is not reduced to mere command expediency.
4. Why Choose The Griffin Law Firm for Military Criminal Defense
With offices in Norfolk, Virginia, and the ability to serve clients worldwide, The Griffin Law Firm has represented service members across all branches—Army, Navy, Marine Corps, Air Force, and Coast Guard. We understand how to navigate the system because we’ve been in it. Whether you're facing a special or general court-martial, a Board of Inquiry, or a separation board, we are prepared to fight for your rights, your career, and your future.
Although active-duty service members are entitled to representation by a detailed JAG defense counsel at no cost, there are substantial advantages to hiring a civilian military defense attorney. Unlike uniformed counsel, civilian defense lawyers are not constrained by the military chain of command, nor are they subject to routine reassignments or conflicting duties. Our firm brings the full force of independent legal advocacy—unburdened by internal politics or resource limitations. We devote personalized attention, engage private investigators and expert consultants when necessary, and leverage extensive experience gained from handling complex UCMJ trials, administrative separation boards, and post-trial appeals. Hiring experienced civilian counsel is not just a legal decision—it’s a strategic investment in safeguarding your liberty, your rank, your retirement, and your reputation.
If you’re considering whether retaining civilian defense counsel is worth it, call us today. We’ll walk you through what to expect, help you understand your options, and give you the clarity you need to make an informed decision. When your honor and livelihood are on the line, don’t leave your case to chance.
Contact a Military Defense Attorney Today
If you’re under investigation, facing NJP, or have been charged under the UCMJ, now is the time to act. Contact The Griffin Law Firm for a confidential consultation with an experienced military defense attorney. Let us help you stand against injustice and protect what you’ve earned through your service.