Military Law Attorney in San Clemente

Non-Judicial Punishment (NJP/Article 15) is an administrative proceeding where a commanding officer imposes punishment without a trial. It's faster but creates a record. You can refuse NJP and demand a court-martial (general/special courts-martial are criminal trials under the UCMJ). Courts-martial can result in: discharge, confinement, forfeiture of pay, and federal criminal conviction. A San Clemente military law attorney can advise whether to accept NJP or demand court-martial.

Yes — you have the right to retain civilian defense counsel at your own expense in addition to your assigned military defense counsel (JAG). Many military members in San Diego find that civilian attorneys, especially those familiar with UCMJ practice, provide more dedicated and aggressive representation. A San Clemente military law attorney with UCMJ experience can work alongside or independently from your JAG attorney.

Administrative separation (ad sep) discharges service members for reasons including misconduct, drug abuse, substandard performance, or unsatisfactory participation. Depending on the characterization (Honorable, General, OTH, BCD), it can affect VA benefits, civilian employment, and education benefits. An administrative separation board hearing gives you the right to present evidence and call witnesses. A San Clemente military law attorney can build a defense to retain your service or improve the characterization.

The SCRA (50 U.S.C. §3901) protects deployed service members from: interest rates over 6% on pre-service debts, eviction, repossession, default judgments, and loss of professional licenses. San Diego service members frequently use SCRA protections for mortgage payments, vehicle loans, and lease terminations during deployments. A San Clemente military law attorney can invoke SCRA protections and help resolve civilian legal matters that arise during service.

A Military Protective Order (MPO) is issued by a commanding officer and restricts your contact with a protected party. Violating an MPO is itself a UCMJ offense. MPOs are separate from civilian restraining orders but may be issued simultaneously. An MPO can trigger administrative separation proceedings. A San Clemente military law attorney can advise on compliance, challenge the underlying allegations, and prevent the MPO from becoming an administrative separation basis.