Military Article 15, NJP, and Captain’s Mast Cases – Military Defense Lawyer
When A Military Member Faces an Article 15 (NonJudicial Punishment, NJP) They Face Serious Consquences for Their Career and Future.
If you are a military member facing an Article 15, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens has been handling military Article 15 actions for over 30 years. He, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of this military disciplinary action.
While general court-martial (and sometimes special court-martial) successes may result in more public recognition, there are many other military adverse actions that could have a dramatically negatively impact on a military member’s career and future. Our civilian defense attorneys also handle these other adverse military actions. These military adverse actions include Article 15s.
Article 15s are one of the most common military disciplinary actions. Article 15s are known by different names in different service branches. This includes “Article 15,” “NonJudicial Punishment,” “NJP,” “Captain’s Mast,” or “Office Hours.” This type of administrative adverse action is governed by UCMJ Article 15 and service specific regulations (Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force). As the name implies, an Article 15 is not a criminal trial, and Article 15 punishments do not include jail time. Being found “guilty” in an Article 15 proceeding does not result in a federal criminal record.
An Article 15 is an administrative disciplinary action that can have a significant impact on a military member’s career (current rank, promotion, and assignments) – and could even lead to administrative discharge/separation in this time of military drawdowns. Because of this, having an experienced and aggressive military defense attorney on your side is absolutely vital in these military cases.
When an Article 15 (NJP) is served on a military member, they can accept the Article 15 or turn it down. Many people mistakenly believe that if they accept the Article 15, they are, essentially, admitting to the alleged misconduct and “pleading guilty.” That is not accurate! Accepting an Article 15 just means that the military member accepts that forum – meaning they accept that the commander issuing the Article 15 will make the decision about their case. If a military member accepts an Article 15, that military member can still deny the alleged misconduct, “plead not guilty,”and request the Article 15 be dropped. The issuing commander will then decide if the military is “guilty” or “not guilty” in the Article 15 forum.
If a military member turns down an Article 15, they are demanding trial by court-martial. This is a very risky move, since an Article 15 will not result in a federal criminal conviction, jail time, and other negative consequences of a federal criminal trial. But, a court-martial conviction will result in those negative consequences of a federal criminal trial. Therefore, it is very important to discuss this decision with an experienced military defense lawyer.
If the military member is found “guilty” in an Article 15, they can appeal that decision to the same commander or a higher level commander. After that, the appeal path runs through the service branch Board for Correction of Military Records.
Our attorneys defend military members facing Article 15s, which includes assistance with written presentation, personal presentation, and Article 15 appeals. Our attorneys are civilian criminal defense attorneys and former military JAG lawyers who exclusively practice military law and defend military members stationed around the world who are facing military trials, disciplinary actions, appeals, adverse actions, board hearings, and investigations. If you’re facing a military Article 15, don’t hesitate to seek the legal help you’re going to need.
No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.
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