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Marine Corps Air Station Cherry Point, Havelock, North Carolina Military Criminal Lawyers

March 21, 2024 Uncategorized

Navigating the Complex World of Military Justice at MCAS Cherry Point, North Carolina

Marine Corps Air Station Cherry Point in Havelock, North Carolina is a major Marine Corps airfield and home to a large military population. Like any military base, Cherry Point has its own legal system and procedures for handling criminal issues involving service members. For Marines and sailors stationed at MCAS Cherry Point who find themselves facing military criminal charges, having an experienced military defense lawyer can make all the difference.
This article provides an overview of military criminal law at Cherry Point – the unique laws, regulations, and processes that apply. We’ll also discuss why hiring a civilian military defense attorney, versus relying on a free military lawyer, is so important.

How Military Criminal Law Works at MCAS Cherry Point

The military has its own distinct criminal justice system, separate from civilian courts. This system applies to Marines, sailors, and other service members accused of crimes at MCAS Cherry Point. Here’s a quick rundown of how it works:

  • The Uniform Code of Military Justice (UCMJ) is the foundation – this federal law defines criminal offenses for the military.
  • Common UCMJ charges at Cherry Point include drug offenses, sexual assault, theft, disobeying orders, going AWOL, and conduct unbecoming of a Marine.
  • Investigators like NCIS handle criminal probes. Commanders have authority over cases and ultimately decide court-martial charges.
  • Courts-martial are criminal trials conducted by senior Marine officers. Sentences can include brig time, demotions, fines, and discharges.
  • Non-judicial punishment under Article 15 of the UCMJ allows commanders to impose discipline outside of courts-martial.

Unlike civilian courts with elected judges and juries, the military system is unique. Commanders control the process. Prosecutors and judges work for the military. There are no juries – court-martial verdicts come from military officer panels.
The military also has its own prisons and appellate courts. The rules of procedure and evidence are different too. Bottom line – military criminal law is complex!

Why You Need an Experienced Military Lawyer at Cherry Point

Facing military justice at MCAS Cherry Point can be intimidating. The consequences are severe – jail time, sex offender registration, federal convictions, punitive discharges, and destroyed careers.
You need strong legal guidance from a military law expert. Here’s why hiring a civilian defense attorney is critical:

  • Military lawyers from the Judge Advocate General (JAG) Corps have inherent conflicts – they work for the Marine Corps and not solely for you.
  • Civilian lawyers focus 100% on your best interests – we are not beholden to the military chain of command.
  • We know how to navigate the military legal system and protect your rights.
  • Our independent investigators and experts strengthen your defense.
  • We fight aggressively – we won’t hesitate to stand up to military prosecutors and challenge commanders’ bad decisions.

Unlike JAG lawyers who rotate assignments every few years, civilian military defense attorneys specialize exclusively in defending service members. We have the experience to take on any Cherry Point case – from Article 15s to general courts-martial.

Why Choose a Military Lawyer from MyMilitaryLawyers.com?

MyMilitaryLawyers.com is a law firm dedicated to defending service members at MCAS Cherry Point and other North Carolina bases.
Our military law attorneys have decades of combined experience. We’ve handled every type of military case imaginable over the years – our track record of success speaks for itself.
We have the expertise to thoroughly examine the government’s evidence, identify procedural violations, and craft an aggressive, meticulous defense. Here’s what we bring to the table for clients at Cherry Point:

  • Free case evaluations – we’ll review your situation and provide honest advice.
  • We work tirelessly to get charges dismissed pre-trial when possible.
  • If a trial is necessary, we’ll build the strongest case we can – our litigators are true courtroom warriors.
  • We know how to negotiate optimal plea bargains if pleading guilty is in your best interests.
  • For sentenced clients, we fight zealously for clemency and work to minimize collateral consequences.

Don’t go through the military justice system alone – let one of our experienced attorneys protect your future. Call us today for a free consultation.

Article 15s and Non-Judicial Punishment at Cherry Point

Article 15 of the UCMJ authorizes commanders to impose non-judicial punishment on accused service members without going through the court-martial process. At MCAS Cherry Point, Article 15s are commonly used to address minor misconduct.
Here’s an overview of Article 15 procedures at Cherry Point:

  • The commander initiates Article 15 action and provides notice to the accused of the alleged offenses.
  • The service member can demand trial by court-martial rather than accept NJP.
  • During the Article 15 hearing itself, the accused Marine presents matters in defense, mitigation, and extenuation.
  • The commanding officer determines guilt based on the evidence and imposes punishment like extra duty, restriction, pay forfeiture, and rank reduction.
  • The service member can appeal the Article 15 decision to a higher commander.

While Article 15s don’t carry the same consequences as a federal criminal conviction from a court-martial, they can still be devastating.
Accepting NJP means giving up important constitutional rights – the right to trial, the right to remain silent, and the right to confront witnesses. The Article 15 becomes a permanent part of your military record.
And the commander who initiates Article 15 charges against you will also decide your guilt and impose punishment. There is tremendous bias inherent in the process.
That’s why, if you’re facing possible Article 15 action at MCAS Cherry Point, consulting with a military law attorney is critical. An experienced lawyer can advise you on whether to refuse NJP and demand trial, or negotiate a favorable Article 15 resolution when appropriate.
Don’t let the commander railroad you – protect your Here is a 3000 word article about Marine Corps Air Station Cherry Point, Havelock, North Carolina Military Criminal Lawyers:

Navigating the Complex World of Military Justice at MCAS Cherry Point, North Carolina

Marine Corps Air Station Cherry Point in Havelock, North Carolina is home to thousands of active duty Marines, Sailors, and their families. Like any military base, issues involving military criminal law do come up from time to time. As a Marine or Sailor stationed at MCAS Cherry Point, it’s important to understand your rights and options if you find yourself dealing with military criminal charges.
This article provides an overview of military criminal law at MCAS Cherry Point – the common charges, the military justice process, and why hiring a civilian military defense attorney is so important. We’ll also discuss some of the top-rated military law firms in the Havelock area that can help if you’re facing court martial or other adverse action.

An Introduction to Military Criminal Law

The foundation of military criminal law in the United States is the Uniform Code of Military Justice (UCMJ). Enacted by Congress, the UCMJ applies to all branches of the armed forces. It defines various crimes and punishments specific to military personnel.
Some of the most common UCMJ violations charged at MCAS Cherry Point and other Marine Corps bases include:
AWOL/Unauthorized Absence
Disrespecting a Superior Commissioned Officer
Disobeying Orders
Drug Offenses like use, possession, distribution
Assault, Battery, Domestic Violence
Larceny, Theft of Government Property
Adultery, Fraternization
Marines and Sailors at MCAS Cherry Point fall under the jurisdiction of the U.S. Navy-Marine Corps Trial Judiciary. So if you’re charged with a crime under the UCMJ, your case will go through the military justice system overseen by Navy JAGs and Marine Corps judge advocates.

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