Military Frequently Asked Questions

Serving Jacksonville, Jacksonville Beach and clients throughout Florida

Military law is defined as law enforced by military rather than civil authority. But that doesn’t mean that military personnel don’t have rights to a lawsuit against the government.

Here are some military law FAQs that our team of military law attorneys often receive from clients:

Military FAQs

Here are some military law FAQs that our team of military law attorneys often receive from clients:

Should I speak to a federal, state or military law-enforcement agent?

If you are approached by a law enforcement agent, then it is important to seek legal counsel. If the agent asks you to speak to him or her on a voluntary basis, regardless of whether or not they have discussed your rights, you should still seek legal advice. Mr. Hardesty can help. Saying the wrong thing to an investigative agency or commanding officer can severely and negatively impact your career and your life.

What happens if a service member is charged with a state crime? How does this impact military service and status?

Service members who are charged with state crimes can be complex cases. As a result, these cases require military lawyers who are experienced and well versed in both the state and military criminal law systems. The military can convict you for a civilian crime, even if you were not officially convicted.

What is a courts martial?

courts martial is a military court, which consists of commissioned officers and even enlisted personnel for the trial of other members of the armed forces. Courts martial can also dismiss charges against a member of the military based on the evidence and the case presented to the court. A courts martial can also determine and set punishments for military members who are found guilty and convicted of a crime.

What is the difference between a courts martial trial and a civil trial?

In the United States court system, courts martial are adversarial proceedings. Defendants have the choice to work with an appointed military lawyer or they can also choose to hire a civilian military attorney at his or her own personal expense. The trial will take place in front of a military judge. The military lawyer representing you in the case must adhere to military rules and procedures.

What types of crimes are tried in a courts martial?

Courts martial have the authority to try any type of crime—even crimes that are similar to civilian crimes such as murder, fraud, perjury, and sex crimes. Some common military crimes include cowardice, desertion, and insubordination. Punishments for a military crime can range from penalties and fines to imprisonment and even execution.


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