Fayetteville NC Military Attorney
The Uniform Code of Military Justice (UCMJ) is a complex set of laws and regulations. A conviction for a UCMJ violation can put you in prison and ruin your future. If you’re accused of a UCMJ violation while on active duty, you must contact the right military defense attorney.
That attorney is R. Davis Younts. Few lawyers have his extensive background in both military and civilian courts in Fayetteville, NC. Attorney R. Davis Younts has been a prosecutor as well as a defense lawyer, so he has considerable experience on both sides of the courtroom.
Anyone who is accused of a crime under the UCMJ may face a court-martial. Courts-martial are trials for service members who have been accused of committing a crime as set forth in the UCMJ’s Punitive Articles. Courts-martial follow the procedures and rules used in federal courts.
Article 32 of the UCMJ permits a pre-court-martial investigation to determine if there is probable cause to prosecute a suspect for a crime. If a court-martial is conducted, and if the defendant is convicted, he or she may face serious penalties.
Those penalties may include:
- Loss of pay and benefits
- Teduction of rank or Dishonorable discharge
- Loss of the right to own a firearm
- Registration as a sex offender (for sex crime convictions)
Military defense lawyer R. Davis Younts represents service members who are charged with crimes that include (but are not limited to) sex crimes, drug crimes, thefts, crimes of violence including domestic violence, desertion, mutiny, being drunk on duty, and insubordination.
Court-Martial Appeals in NC
Attorney R. Davis Younts also defends clients in court-martial appeals. Some courts-martial are appealed automatically, but you have the right to appeal any conviction under the Uniform Code of Military Justice.
To prevail with the appeal of a court-martial conviction, your military defense lawyer will need to show that a specific legal or procedural error in the court-martial adversely affected the outcome.
Appeals can be based on errors that include procedural violations, abuse of authority, factual errors, mistakes while collecting evidence, and failures in the interpretation and application of the UCMJ.
Article 15 Defense
Attorney R. Davis Younts also represents clients who are the subject of adverse administrative actions under UCMJ Article 15, including adverse performance reviews and officer evaluation reports, denials or revocations of promotions, letters of reprimand, loss of pay, and discharges.
Article 15 lets a commander impose a “nonjudicial” punishment without a trial. Just like a court-martial, you can be penalized under Article 15 without regard to when or where you allegedly committed a violation – even if you were off-duty and out of uniform.
You have the right to “decline” a penalty under Article 15. If you do, that gives your commander several options. He or she can dismiss the allegations or give you a warning, but a commander may also initiate a court-martial or an administrative discharge proceeding.
If you are notified of an Article 15 action against you, contact attorney R. Davis Younts at once. Article 15 is complicated, and a court-martial conviction linked to an Article 15 action can trigger penalties more severe than the original nonjudicial punishment.
Fayetteville NC Military Attorney