My main stomping ground is Fort Campbell, but I have represented all services in many parts of the world. I have recently begun to pick up a lot of Air Force Administrative Separation Boards. It has also been a fairly bad year for the SOF community and I have been representing soldiers in SF in both Courts-Martial and Sep Boards.
I have had incredible success this last year with victories ranging from murder cases to child pornography, with several major NOT GUILTY verdicts and numerous retentions at Separation Boards (to include an Air Force Tech Sergeant with a positive UA). Below is some general info on Courts-Martial.
A court-martial is a special type of trial for members of the military as well as for others who have committed a crime covered under military law. If you are a member of the military and have been accused of or are currently under investigation for any type of crime, it is important that you talk to an experienced military lawyer immediately – one who can protect your rights and represent you at your court-martial.
Fort Campbell court-martial attorney James Phillips is a former Army JAG who has worked on both sides of military cases, as both prosecution and defense. He has represented soldiers locally at Fort Campbell outside of Clarksville and has traveled throughout the world, representing soldiers in courts-martial in the US and also in Kuwait and Iraq. Mr. Phillips offers the zealous and dedicated representation that a private civilian attorney provides along with the specialized knowledge and experience of a military lawyer.
Court-martial proceedings are very different from civilian criminal court proceedings. Probably the most notable difference is that a unanimous vote by the jurors is not needed to come to a guilty verdict (unless the penalty is the death sentence.) Other differences and rights of the accused include:
The jury must have a minimum of only 5 members.
The jury is appointed by the convening authority (usually the base commander.)
The majority vote required for a guilty verdict is 2/3.
The accused has the right to request that enlisted members comprise 1/3 of the jury.
The accused has the right to remain silent, as under Article 31.
The accused has the right to a free, court-appointed lawyer or can hire a lawyer of his/her choosing.
What is the benefit of choosing Clarksville military attorney James Phillips over a free attorney provided to you? Oftentimes, your military-appointed attorney may be inexperienced, even if trained in courts-martial. Your appointed attorney may also have a vested interest in pleasing or appeasing the judge or other members of the court-martial, as they are superior officers (although, per military law, the judge and superiors cannot penalize the attorney in any way for zealously protecting his/her client’s rights.)
When you choose private military attorney James Phillips, you are working with an experienced professional whose vested interest is in YOUR side of the case. You are working with a military lawyer who will fight for each and every right and help you avoid a guilty verdict at any cost.
Contact experienced Fort Campbell court-martial lawyer James Phillips today!