By now, you probably know that you are being investigated. You may have even been interviewed by military investigators who read you your rights for drug use, domestic violence or maybe even sexual assault. You are scared and not sure what to do next.
Luckily, unlike many people in this country, you are entitled to a free lawyer. You may have even met with the military defense attorney that has been assigned to your case. And yet, you’ve been searching the Internet for more help, for an attorney that can protect your future. Although you get a military defense attorney for free, here’s three reasons to hire a civilian attorney for your military case:
1. Experience
Perhaps the top reason to hire a civilian attorney is experience – not just in dealing with military justice issues, but in actually taking criminal cases to trial. When you are facing criminal charges, you want an attorney that has experience in trials just like yours. You don’t want a rookie working for you when your life is on the line.
The level of inexperience among military defense attorneys is startling. Although there are excellent military defense attorneys out there, you may not be fortunate to have them on your case. A recent Department of Defense Report found that:
- There is no specific minimum experience required for Army attorneys to become defense counsel. Some attorneys become defense counsel with no prior trial experience.
- On average, Air Force attorneys have had less than ten trials before becoming defense counsel, and most of their previous cases are guilty pleas.
- Navy attorneys are eligible to become defense counsel after just two years handling “administrative separations and other non-judicial issues.”
- In the Marine Corps, the “vast majority” of defense counsel are serving in their first tour and are often brand-new attorneys right out of law school.
Instead of a rookie, you want a veteran on your team. Experience means that your civilian attorney has been in more than one hundred trials and has seen it all. They have cross-examined countless witnesses, confronted countless accusers, delivered countless closing arguments, and won countless “not guilty” verdicts. Experience means that your civilian attorney knows what to expect and how to react, even when the prosecution or a witness acts in a surprising way. Experience means stability at a time when all you feel is uncertainty.
2. Investment
You also want an attorney that is invested in you. There is a significant cost associated with hiring a civilian attorney for your military case. But at that price, what you should get is someone that is always working hard on your case and is always available to answer your questions or concerns.
In addition to being inexperienced, military defense attorneys are swamped. They have to handle all sorts of different issues – from a simple corrective counseling all the way up to a full-blown court-martial. They sometimes have hundreds of clients. And, for the most part, they work just the duty hours on just the duty days. They have no obligation to put in the extra time and, quite frankly, they’re not paid enough to do so. Sure, military defense attorneys get the job done. But you want more than that. You want an attorney that is truly invested in your success.
You pay a premium for a civilian attorney so that when you call, they answer. You should be sure that your civilian attorney is working their tail off for you, relentlessly investigating the allegations against you and tirelessly developing your best defense.
3. Independence
Finally, you hire a civilian attorney for independence. Although your military defense attorney may not be assigned to your same chain of command, they are active duty military officers with a direct tie to your military organization or installation. And when they finish their tour as defense counsel, many go back to the prosecutor’s office. Quite simply, they never take off the uniform.
A civilian attorney can stand outside the military establishment and fight for you independently. They can challenge military leadership without fear of reprisal or damage to their careers. By separating themselves from the chain of command, a civilian attorney can stand up for you. At a time when Congress is breathing down the necks of military commanders to prosecute military crimes to the fullest extent permitted by law, you need an independent civilian attorney that has only your personal interests in mind.
Because you boldly volunteered to serve your country, you are entitled to a free military defense attorney. But with so much at stake, you hire a veteran civilian attorney to bring experience, investment, and independence to your case.
