Military Defense Lawyer Dedicated to Helping Those Who Serve
If you are in the military and have been charged with a serious offense, you may feel embarrassed, confused, and concerned about your future. The law in this area can be complex, making it difficult to understand your options. Military law attorney Philip D. Cave has more than 30 years of experience helping service members in the U.S. armed forces who are under investigation for UCMJ violations and other offenses. Mr. Cave spent the early stages of his legal career by serving as Trial Defense Counsel and Chief Trial Defense Counsel at the Naval Legal Service Office (NLSO) in Norfolk, Virginia. During this time, he was designated by the Judge Advocate General of the Navy as one of only six specialists in the prosecution and defense of national security cases.
Mr. Cave’s motto is “Have briefcase (and Internet), will travel.” He has represented clients in Fort Bragg, Fort Hood, the Norfolk area, and countless other locations across the United States. His work has also led him overseas to bases in nations such as the United Kingdom, Italy, Spain, Germany, and Korea. Whether you have an upcoming Article 32 hearing, are facing a court-martial, or have questions about your discharge, Philip D. Cave can discuss your rights with you and help you pursue an outcome that meets your goals.
Fighting Charges Before and During a Court Martial
Article 32 of the Uniform Code of Military Justice (UCMJ) grants service members accused of an offense the right to an investigative hearing at which they can offer their account of events and cross-examine witnesses. An experienced attorney can help ensure that you get the chance to defend yourself to the fullest extent possible. The matter will proceed to a court martial only if the hearing officer decides that there is reasonable cause to pursue the charges. This hearing thus offers the accused a chance to get groundless allegations dismissed without the tension of undergoing a full trial.
If the hearing officer determines reasonable cause exists after an Article 32 investigation, he or she can recommend a trial at court martial. This military trial can unfold before a judge or a jury of service members. All of these proceedings begin with a UCMJ Article 39(a) hearing, where preliminary matters are resolved. This is followed by an arraignment at which the military judge requires the defendant to enter a plea. If he or she pleads guilty, sentencing follows. Otherwise, the case is tried on the merits, with sentencing occurring only in the event of a guilty verdict.
This is just a general overview of the court martial process. In reality, there is a long list of regulations, procedural steps, and rules that must be followed. It is in your best interest to hire a knowledgeable military attorney to defend you at your court martial by deploying all of the strategies available in your case.
Protect Your Rights Under the UCMJ by Consulting a Capable Lawyer
The armed forces take charges of sexual assault or desertion very seriously. Sex offenses in the military have attracted much attention recently, but allegations of misconduct may be unfounded or inflated. Even if they are, however, you will need a capable lawyer to help you protect your military and nonmilitary future. Our compassionate team also has proudly shielded service members against AWOL, UA, or desertion charges by taking the time to understand the reason for the absence and craft the best possible defense for each situation.
A service member’s discharge may be one of the most important factors in determining the trajectory of his or her post-military life. If you have received a discharge other than honorable, medical, or general, it could be worth your while to explore whether you are entitled to a discharge upgrade. These are often available to veterans who received an unfavorable discharge because of erroneous information in their files.
Beyond an investigation or court martial proceedings, a military attorney can help service members resolve many other issues. If you have been denied or lost a security clearance, for example, you may contest this decision with the assistance of someone who knows the nuances of the related rules.