{"id":358034,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/military-law.html"},"modified":"2025-08-13T15:24:56","modified_gmt":"2025-08-13T20:24:56","slug":"military-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/military-law.html","title":{"rendered":"When Do You Need a Civilian Lawyer for a Court-Martial?"},"content":{"rendered":"\n
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When Do You Need a Civilian Lawyer for a Court-Martial?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Military law is the justice system that governs U.S. servicemembers and military personnel through the Uniform Code of Military Justice (UCMJ). It covers both civilian-type crimes and military offenses, with cases handled either by commanders through non-judicial punishment or by formal court-martial. Servicemembers may want to hire a civilian lawyer for some legal issues.<\/p>\n\n <\/div>\n\n\n\n

Although minor infractions are usually handled by a servicemember’s senior officer, more serious offenses get passed up the chain of command. Criminal charges are referred to the military court. The purpose of the\u00a0UCMJ is to ensure justice<\/a>\u00a0while keeping the administration of punishment within the service.<\/p>\n

Servicemembers who need legal assistance during a court-martial receive an attorney from the\u00a0Judge Advocate General (JAG)<\/a>\u00a0office. They also\u00a0have the right to hire a private civilian attorney if they wish.<\/p>\n

Jurisdiction depends on where and how the alleged offense occurred.\u00a0On-base matters are typically under the UCMJ, while off-base crimes may proceed in civilian court, sometimes alongside military action. Servicemembers are entitled to a JAG defense attorney at court-martial, but can hire a private civilian lawyer for additional or specialized representation.<\/p>\n

To hire a military law lawyer<\/a>, contact an experienced military defense attorney in your state, confirm they handle UCMJ and court-martial matters (and, if needed, civilian or international cases), and coordinate with your assigned JAG counsel to ensure a unified defense strategy.<\/p>\n

This article examines military law and explains when a JAG defense attorney is enough and when to consider hiring a civilian lawyer.<\/p>\n

UCMJ and Military Law<\/h2>\n

Military law<\/a>\u00a0enforced through the UCMJ resembles some parts of civilian law, but contains legal aspects\u00a0unique to military service. There are criminal offenses, such as murder, robbery, and theft. There are also military crimes like desertion, insubordination<\/a>, and mutiny.<\/p>\n

The UCMJ ensures legal accountability and fairness within the ranks and across all branches of the military. The same justice system applies from enlistees in the Coast Guard to the Commandant of the Marines. It also ensures that military personnel receive fair treatment with due consideration for their military service and the circumstances of the case. The UCMJ provides a method for the immediate trial of military members, rather than needing to travel to and from other states or nations for repeated trials.<\/span><\/p>\n

The UCMJ\u00a0has jurisdiction over\u00a0any servicemember on active duty and active reserve members while\u00a0on duty. It applies to National Guard members under Title 10<\/a> orders (during federal emergencies), although state National Guard units are subject to their state’s military regulations.<\/p>\n

UCMJ and Civilian Law<\/h2>\n

If a service member breaks the law on a military base, the military justice system (UCMJ) can handle it.\u00a0\u00a0Regular federal courts, and even state courts, can handle the case as well. This\u00a0depends\u00a0on the particular\u00a0base and the agreements in place. In some situations, a federal court can use civilian laws to prosecute crimes that happen on base, not just military rules.<\/p>\n

If a servicemember\u00a0commits\u00a0a crime off base, they can be charged under the\u00a0UCMJ and state law.<\/a>\u00a0Whether a military case is tried in a civilian court depends on who takes jurisdiction of the case. The military will typically retain jurisdiction if it is in the best interest of the servicemember or the armed forces to do so, but jurisdiction is also governed by intergovernmental agreements, SOFAs (overseas), and prosecutorial discretion.<\/p>\n

A servicemember charged with a crime in civilian court cannot have a JAG attorney. That is reserved for\u00a0charges they face\u00a0in military court. They will need a civilian attorney to represent them on the state charges.<\/p>\n

When You Need a Military Lawyer<\/h2>\n

A\u00a0court-martial<\/a> can mean the end of your military career. If the crime occurred on base or violated the UCMJ, you need a military defense lawyer who understands the regulations. Unlike a civilian court, the military has a wide range of other punishments, some of which apply even if you’re found not guilty. Some punishments depend on your rank. A commanding officer\u00a0can impose these punishments at their discretion\u00a0without a formal hearing.<\/p>\n

Servicemembers have the right to waive non-judicial punishments (NJPs or \u201cArticle 15s”) and have a formal court-martial. Common NJPs include:<\/p>\n