Military Defense Lawyer
Defending Those Who Defend Us
Members of the United States military are subject to the same laws that traditional members of American society are accustomed to following, as well as those unique to the Uniform Code of Military Justice (UCMJ). If you have been accused of a drug crime, sex crime, theft, computer crime, or fraternization, we can help.
In addition to criminal or civil penalties suffered by a member of the armed forces, military consequences may also apply. In cases where a serviceman or woman has tarnished their branch of service, or themselves, the military may take other actions beyond civil or criminal courts. Those accused or charged may face of a board of inquiry or other military administrative procedure. This can result in demotion with lost pay and even dishonorable discharge.
It is critical to have a dependable, trusted military defense attorney by your side who can speak for your best interest in court.
Navigating Military Justice with an Experienced Team
At the Federal Practice Group, we fight to protect the rights, freedoms, and futures of military members facing criminal allegations, investigations, and other disciplinary actions. Our military defense attorneys have decades of experience in criminal defense and military justice. Founding Partner Eric Montalvo is a former military prosecutor and defense counsel who served more than 21 years in the U.S. Marine Corps.
Why Choose the Federal Practice Group?
As military defense attorneys practicing throughout the United States, we offer many advantages to our clients:
- Former military members and military prosecutors
- Decades of military criminal justice experience
- Award-Winning Defense Lawyers
- A History of successful case results
- Worldwide service – we can come to you wherever you’re stationed
If you have been accused of a crime while serving in the United States military, are currently being investigated, or are facing disciplinary actions – you have the right to defend yourself. Military criminal defense cases are significantly different than civilian proceedings.
The Federal Practice Group handles the full range of military criminal defense matters, including:
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No matter what the case may be, our firm is dedicated to defending the rights of military members. We represent service members from all branches of the military and provide experienced assistance throughout our clients’ legal journeys.
Our Practice Focus
What Makes Us Different
Veterans Serving Those Who Serve
From Guantanamo to CAAF – We Have Battled and Won
Victim Rights Advocates & Former Prosecutors
Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.
The military lawyers at FPG are former Judge Advocates, with years of experience in both the military and on the civilian side. They have been successful in getting their clients acquitted of criminal charges at Court-Martial, and have successfully had Court-Martial convictions overturned on appeal and discharges upgraded.