What Are the Differences Between Military Defense Lawyers and Civilian Defense Lawyers?

Nov 27, 2023 | Criminal Defense

Updated: November 27, 2023 | Originally Posted: March 9, 2017

Table of Contents:

Life in the Military is Different From Civilian Life. So Are Criminal Charges.

What You’ll Learn in This Post:

Different Sets of Laws

Different Court Systems

Different Trials and Procedures

Summary Court-Martial

Special Court-Martial

General Court-Martial

Should you Hire a Military Defense Lawyer and a Civilian Defense Lawyer to Represent You in Your Court-Martial?

Military Defense Lawyers and Civilian Defense Lawyers – Working Together to Protect Your Rights

Life In The Military Is Different from Civilian Life. So Are Criminal Charges.

Military defense lawyers and civilian defense lawyers in Colorado share the same goals: to protect the rights of their clients, vigorously defend them against criminal charges, and obtain an acquittal or dismissal of those charges, if possible.

However, just as those in uniform must abide by different rules and face distinct challenges than those not serving in the military, attorneys defending civilians and those defending service members operate in two separate criminal justice systems with their own rules and procedures.

What You’ll Learn in This Post:

  • The laws, procedures, and courts that govern service members charged with crimes differ from those that apply to civilians.
  • While civilians are face criminal charges under Colorado state law or federal law and have their cases tried before a judge or jury, military personnel face charges listed in the Uniform Code of Military Justice and have their cases heard in a court-martial.
  • While most service members facing charges can receive a free military lawyer, many military defendants also hire a civilian criminal defense attorney with more time and resources to dedicate to their case.

If you are a member of the United States military facing criminal charges, you need to understand the distinctions between these two systems and the military defense lawyers and civilian defense lawyers. Understanding these differences and retaining the best, most experienced criminal defense lawyer is crucial to protecting your rights and guiding you through an ordeal that could threaten your military career and freedom.

Here are three key differences between military defense lawyers and civilian defense lawyers:

James - military defense lawyers and civilian defense lawyers - different lawsDifferent Sets of Laws

When a Colorado civilian faces criminal charges, the offense falls under either the Colorado Criminal Code or federal law. However, when a service member stationed in one of Colorado’s six military bases faces serious criminal charges, those charges are based on a completely different set of laws: the Uniform Code of Military Justice (UCMJ).

The UCMJ establishes rules, procedures, and punishments upon conviction that aren’t the same as they are under state or federal criminal law. Similarly, the rights of military defendants are more limited than those afforded to defendants in civilian criminal trials.

Different Court Systems

Military members committing certain minor offenses – such as traffic violations – may still appear before the same courts that handle such matters for civilians. But more serious crimes, violent crimes, and military-specific crimes (such as mutiny or desertion) are prosecuted before a military court known as a court-martial.

In many ways, a military court-martial is like a civil criminal trial, with a judge and jury and prosecutors and defense lawyers presenting evidence, testimony, and arguments. But the judge and jury in a court-martial are service members, not civilians. And certain procedural rules that govern civilian trials – such as the right to request 12 jurors or the requirement for a unanimous verdict – do not apply in a court-martial.

Different Trials and Procedures

Colorado’s civilian courts have two main types of criminal trials: jury trials and bench trials (trials without a jury where the judge issues the verdict). But court-martials can be conducted in three different ways. Your future depends on having military defense lawyers and civilian defense lawyers who understand how both courts operate.

Summary Court-Martial

A Summary Court-Martial applies to minor offenses by enlisted men and women, and limits the maximum punishment in the event of a conviction. A commissioned officer (though not necessarily a military judge) presides over this proceeding. Except for members of the Air Force, defendants in a summary court-martial are not entitled to a free defense lawyer.

Special Court-Martial

For mid-level crimes, a special court-martial is conducted before a military judge and a panel of at least three military members. Accused enlisted personnel can request that at least a third of the panel charged with deciding their case be composed of enlisted members. Alternatively, a defendant can request that there be no panel at all such that the judge alone will render the verdict in their case.

General Court-Martial

Service members charged with the most serious crimes – including murder, rape, robbery, and other violent offense – will face the charges in a general court-martial. Though similar in structure to a special court-martial, a general court-martial can result in punishments that can be much more severe, including the death penalty.

Should you Hire a Military Defense Lawyer and a Civilian Defense Lawyer to Represent You in Your Court-Martial?

Colorado Springs service members facing charges in either a special or general court-martial must make the crucial decision between using only free military defense lawyers and civilian defense lawyers that they must hire and pay for on their own.

While it may seem like a no-brainer to accept free representation by a military lawyer, the adage “you get what you pay for” applies here.

In many ways, military defense lawyers are the military equivalent of civilian court-appointed public defenders. Both lawyers are talented advocates and professionals who commit to representing their clients to the best of their abilities. Still, they often have huge caseloads that limit the time they can dedicate to each case or client.

James military defense lawyers and civilian defense lawyers can work together for your defenseBecause a civilian lawyer can work alongside an appointed military lawyer to prepare the accused’s defense, many military members choose to hire a civilian criminal defense lawyer who can devote substantially more effort to their case than their free military defense attorney can.

Of course, not every civilian criminal defense attorney has experience defending service members or is familiar with the nuances and complexity of the UCMJ or procedures in a court-martial. If you elect to hire a civilian criminal defense attorney, make sure that the one you hire has handled cases like yours before a military tribunal.

Military Defense Lawyers and Civilian Defense Lawyers: Working Together to Protect Your Rights

If you are one of Colorado’s thousands of military service members, we thank you for your service. Your efforts and dedication to our country inspire our most profound respect. If you face criminal charges, you deserve the best legal representation to protect your freedom and enable you to advance in your military career.

At James Newby Law in Colorado Springs, our criminal defense lawyers have experience working hand-in-hand with military defense lawyers under the UCMJ. We will stand by you and stand up for you every step of the way.

Speak with an experienced Colorado Springs criminal defense attorney today for your free, confidential initial consultation.