Military Law & Courts Martial

Court-Martial Defense Attorney

DuPage County Military Law and Courts Martial

DuPage County Lawyer Defending Clients Facing Military Criminal Trials

The military criminal justice system is complex, and the penalties are potentially devastating. Many things that are not illegal in the civilian world are crimes in the armed forces. In addition to facing criminal penalties, including fines and prison time, military criminal defendants face an array of sanctions that include loss of pay, restriction to base, loss of rank; as well as punitive discharges and punishments of up to life in prison or even the death penalty. With so much at stake, it is essential to have an experienced military court-martial defense attorney by your side fighting hard to protect your rights.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we are committed to defending the freedom of those who have put their lives on the line to defend ours. Attorney David H. Weiss handles our military defense cases. David served as an enlisted member of the United States Coast Guard for over sixteen years. Since becoming an attorney, David has represented military members in a variety of military and civilian criminal matters. David is licensed to practice law in the State of Illinois and in the Federal Court of the Northern District of Illinois. He is honored to represent members of the Armed Forces in any court-martial, worldwide.

What is a Court-Martial?

A court-martial is the military version of a criminal trial that takes place in a courtroom and typically involves prosecutors, defense attorneys, a judge, and jury. The defendant has the option to have his or her case heard by a judge or a jury. Military judges are judge advocate general (JAG) attorneys, and the jury can be made up of either military officers, enlisted members, or a combination of the two.

During the proceeding, the government attempts to prove that the defendant has committed a crime in violation of the Uniform Code of Military Justice (UCMJ). Most of the crimes in the UCMJ are the same or similar to civilian offenses. However, there are some crimes that are specific to the military, such as:

  • Absence without Leave (AWOL)
  • Desertion
  • Disrespect Toward Superiors
  • Failing to Obey an Order
  • Malingering
  • Dereliction of Duty
  • Conduct Unbecoming an Officer
  • Destruction of Military Property

The defendant in a court-martial faces an uphill battle from the start. While the burden to prove guilt is on the government, just like in a civilian court, the government has unlimited resources, including at least two prosecutors (trial counsel), several investigators, and access to unlimited witnesses. By contrast, the defendant is usually appointed a single military attorney. Obtaining a civilian defense attorney with legal military knowledge and experience brings a different perpsective to your case.

Speak with a Dedicated Court-Martial Defense Lawyer

If you are facing a military criminal trial, it can be a terrifying experience. You may feel like there is no hope of success. Attorney David H. Weiss of Mirabella, Kincaid, Frederick & Mirabella, LLC understands what you are going through. David can represent you in any court martial. He is not intimidated by the prosecutors, investigators, or the government’s limitless resources. He is committed to using every available legal avenue to aggressively defend your rights and interests. For a personalized consultation with attorney David H. Weiss, contact our office today at 630-665-7300.

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309 Walnut Street, Unit B
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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