Miramar Military Attorneys

Miramar military attorneys from the Military Law Center defend active duty and reserve Marines and Sailors stationed aboard Marine Corps Air Station Miramar at courts-martial, administrative separation hearings, and provide legal advice for other employment matters such as non-judicial punishments and correcting military records.  With a Carlsbad office located just north of Miramar, our military defense attorneys provide critically needed legal advice to service members accused of crimes under the Uniform Code of Military Justice.

The military justice system at MCAS Miramar is complex and different from the civilian criminal system used in San Diego County.  It requires a deep understanding of military laws and regulations.  Most importantly, it demands an experienced litigator to stand up to a Marine Corps command and unrelenting prosecutor.

Miramar is home to the 3d Marine Aircraft Wing and the world-famous Miramar Airshow.  With over 23,000 acres of land and the largest Master Jet Air Station, MCAS Miramar provides Marines with vast training opportunities.  Additionally, the Air Station contains the Naval Consolidated Brig at Miramar where pretrial and post-trial prisoners are held.  With nearby cities like Carlsbad, Del Mar, and San Diego, Marine Corps Air Station Miramar is an integral part of Southern California.

The military attorneys at the Military Law Center are Marine veterans who served and litigated cases at Miramar.  They know Marines, what it means to serve, and they know the military commands.  When your career and reputation have been tarnished by an accusation, our Miramar military attorneys will defend your legal rights.

Our military defense attorneys located close to MCAS Miramar help advise Marines and Sailors during the investigation phase of their case.  It could be a law enforcement investigation into sexual assault or domestic violence, or it may be a command investigation into drug use or driving under the influence.  Unfortunately, due to Marine Corps policies, most Marines and Sailors will not receive a detailed military defense counsel (JAG) during the investigation stage.  Most often, a judge advocate will begin representing them when the government prefers courts-martial charges or notifies a service member of administrative separation.  Regardless of the UCMJ offense, Marines and Sailors can retain the attorneys at the Military Law Center at this critical stage of their case.

Marines and Sailors stationed at MCAS Miramar accused of criminal offenses may discover their case is referred to a court-martial.  After the investigation, a Marine Corps prosecutor will review the evidence and prefer charges against an accused.  For serious felony level allegations such as murder, rape, and sexual assault, the Miramar Office of the Special Trial Counsel will try the case at a General Court-Martial.  These Marine Judge Advocates are specially trained litigators with experience trying high-profile sexual assault cases.  Marines and Sailors accused of serious allegations should retain experienced civilian defense attorneys to ensure their rights are protected.  If the Marine Corps is allocating its best and brightest lawyers to take an accused’s freedoms away, the service member should retain the best military defense attorneys they can afford.

For Miramar courts-martial cases that do not require felony level attention, military commands will often refer charges to a special court-martial.  Cases like drug use, false official statements, unauthorized absence, and general orders violations may be handled at Miramar’s courtroom.  A special court-martial conviction can still cause a service member to be punitively separated with a bad conduct discharge.  A bad conduct discharge can cost a service member hundreds of thousands of dollars in veterans benefits.  So, working with the Military Law Center’s attorneys to avoid a federal conviction is in their best interest.

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Phases of a Miramar Court Martial

Enlisted Marines and Sailors near Miramar accused of misconduct may be notified for administrative separation and will need the help of local military defense attorneys.  After an investigation, a command may choose to notify the service member with the specific allegation for which they will be separated.  The MARCORSEPMAN is the legal authority used for Marines and the MILPERSMAN is the authority for Sailors.  When this occurs, the service member will get an opportunity to review the documentary evidence and prepare a defense with their attorney.  In addition to presenting contradictory documentary evidence, the service member and their defense team will be able to call witnesses, cross examine government witnesses, make an opening statement, and provide a closing argument.

Phases of an ADSEP Board at MCAS Miramar

Officers aboard Marine Corps Air Station Miramar in need of a defense attorney for a Board of Inquiry (BOI) need to look no further than the Military Law Center.  As former Marine Officers themselves, the attorneys have gone through Offices Candidate School, The Basic School, and know the incredible demands the Marine Corps places on its junior and senior officers.

A Board of Inquiry at MCAS Miramar starts with an allegation.  Once an allegation of misconduct is made against an officer, the command reports it within 24 hours to either Judge Advocate Division’s section on officer misconduct or Navy Personnel Command.  The allegation is documented in the Officer Disciplinary Notebook (ODN) aka the Black Book.  That entry is permanent, and it triggers the first general officer in the officer’s chain of command to investigate.

When a general officer reviews the completed investigation, they determine one of five options:

1. No Misconduct Occurred, generate a Report of No Misconduct.
2. Misconduct Occurred, Address Misconduct Administratively with a NPLOC or informal counseling.
3. Misconduct Occurred, Document with IRAM 3005 Counseling.
4. Misconduct Occurred, Notify Officer of Intent to NJP.
5. Misconduct Occurred, Prefer Charges at Court-Martial.

Depending on how the accused Officer chooses to proceed, the command may determine a Board of Inquiry is required.  In that case, for most Miramar Marine Officers, the Show Cause Authority (SCA) will be the three-star commanding general for I Marine Expeditionary Force.  As the SCA, the Commanding General may convene a BOI or direct subordinate commands order the officer to show cause at a board of inquiry.  When this happens, the subordinate commands will notify the Marine Officer of the alleged misconduct and typically include as an additional basis substandard performance or professional dereliction.

Probationary officers, those commissioned officers who have served less than six years and warrant officers with less than three years of time as an officer, are not entitled to a hearing.  Instead, the command may proceed with notification procedures and may separate the officer with an honorable or general (under honorable conditions).  In this case, the officer is entitled to submit written matters to be considered by the Secretary of the Navy.

The SECNAVINST 1920.6_ series governs the BOI procedures, composition, and rights of the officer at the hearing.  The board will have three senior officers, and they are tasked with determining if the Officer is suitable for continued naval service.  To do this, they must answer:

1. Is there Basis?
   This means: is there enough evidence to support the allegation of misconduct, substandard performance, or dereliction of duty?
2. Retention or Separation.
   If basis is met, the members will determine if the officer has potential for future honorable naval service.  If yes, they will vote to retain.  If no, they will vote to separate.
3. Characterization of Service.
   If separation is required, the members with recommend a characterization of service: honorable, general (under honorable conditions), or other than honorable (OTH).

An officer may present documentary, audio, and video evidence, in addition to calling fact and character witnesses.  At MCAS Miramar, military attorneys retained by the Officer will ask questions of the members during voir dire, deliver an opening statement, cross examine government witnesses, direct witnesses called by the respondent, and give a closing argument.

As the Board of Inquiry has life changing consequences, it is essential to retain the best legal representation an officer stationed at MCAS Miramar can afford.  Even more importantly, it is best to get representation from the start because officers are unlikely to be provided a JAG attorney until approximately 30 days before their hearing.  The Miramar military attorneys from the Military Law Center are ready to build a defense strategy today.

Minor misconduct occurring at or near Miramar may be handled through non-judicial punishment.  For many Marines and Sailors, an Article 15 hearing may be the precursor to an administrative separation board.  For misconduct related to drug abuse, civilian convictions, or sexual misconduct, an administrative separation board is required.  So, it is important to ensure the long-term strategy includes carefully deciding whether to accept non-judicial punishment or not.

When an incident occurs, a commanding officer may offer non-judicial punishment as a forum to their Marine or Sailor.  The service member then must answer the question: accept or deny the forum of NJP?  If they accept NJP, the service member must then decide whether to plead not guilty or guilty.  That’s right – Marines and Sailors can accept NJP and plead not guilty at the hearing.  They are also allowed to bring documentary evidence and fact witnesses to defeat the allegation.

When a service member at Miramar denies the forum of NJP, then the command may choose to: do nothing, issue a negative counseling, notify the service member for administrative separation, or prefer court-martial charges.

Any service member found guilty at NJP may appeal the NJP within five days to the next higher command.  To succeed on an NJP appeal, the service member must show a legal error, the punishment was unjust, or the punishment was disproportionate to the offense committed.

Marines and Sailors stationed aboard MCAS Miramar may find their military record needs to be fixed.  They may need to correct an award, pull a Fitness Report, appeal the results of an administrative separation board or board of inquiry, or to fix any legal error or injustice.

To do so, service members must petition the Board for Correction of Naval Records (BCNR) by filing DD Form 149.  When doing so, service members need to identify a legal error or injustice.  The Miramar military attorneys from the Military Law Center can assist with preparing the BCNR petition.