Military
We go above and beyond for Servicemembers.
Court-Martial Trial
Adverse Administrative Action
Security Clearances
Federal Court of Claims
Military Lawyer in El Paso
Allegations of criminal misconduct can end a Servicemembers career. Servicemembers defend and protect the U.S. Constitution and Bill of Rights, but unfortunately, at times, their rights are disregarded in the course of a military criminal investigation and trial.
Having spent several years as an active-duty U.S. Army Judge Advocate, Mr. Matthew James knows how damaging allegations of criminal misconduct can be. The Matthew James, Attorney At Law, has worked with many Servicemembers facing court-martial, investigation, adverse action, and reprimands, obtaining favorable results.
Attorney Matthew James Background in Military Law
During his time as an active duty Judge Advocate, Mr. Matthew James serviced as both a prosecutor and defense attorney in some of the Army’s busiest jurisdiction while gaining invaluable litigation skills along the way.
Today, Mr. Matthew James continues to serve as a defense attorney in the U.S. Army Reserves. Those choosing to work with The Matthew James, PLLC., have the benefit of working with an attorney well-versed in military law, its unique process, and someone who has repeatedly achieved clients favorable outcomes. If you or a Servicemember you know are facing serious allegations, our firm can provide the litigation expertise your case needs.
If charged with a criminal offense for violating Article 120, UCMJ, for assault or rape, being separated, or receiving any adverse action, hit back against these allegations with top-notch legal representation. Attorney Matthew James is an experienced and aggressive trial lawyer who has successfully fought against the military in countless cases. Although you are entitled to an appointed military defense counsel, the appointed counsel is often an attorney with limited and sometimes no criminal litigation experience.
COURT MARTIAL TRIAL
Court-martials are criminal trials for Servicemembers accused of violating articles of the Uniform Code of Military Justice (UCMJ). Before some cases move forward to trial, the case must proceed to an Article 32 Preliminary Hearing. This hearing is like a pretrial probable cause hearing in state or federal court. The goal of this preliminary hearing is determining whether there is probable cause the accused committed the charged offenses. If the preliminary hearing officer determines probable cause exists, the case may move forward to trial.
At trial, the Servicemember may choose to have their case heard before a military judge or a military panel, the equivalent to a jury in civilian practice. If found guilty at a court-martial, the Servicemember may receive a punitive discharge, reduction in rank, confinement, and in the case of a sex crime-related offenses, registration as a sex offender.
Military defense lawyer Mr. Matthew James has successfully defended Servicemembers against charges of violating Article 120, UCMJ, sex assault, rape, and other sex crime-related offenses, aggravated assault, domestic violence, fraud, fraternization, drug offenses, desertion, drunk on duty, insubordination, and larceny. If charged or suspected of an offense, contact our office.
COURT MARTIAL APPEAL
Attorney Matthew James also represents clients in court-martial appeals. If convicted of an offense at court-martial, the conviction can be devastating. During the appeal process, your military defense attorney will need to prove an error in the prior criminal proceeding adversely affected the outcome of your court-martial. Errors forming a basis for an appeal include procedural errors, factual errors, and incorrect interpretation and application of the UCMJ.
ADVERSE ADMINISTRATIVE ACTIONS
Attorney Matthew James has handled hundreds of adverse administrative actions, including non-judicial punishment matters (Article 15), administrative separations, officer separations, responses to 15-6 investigations, general officer memorandum of reprimand responses, and other similar adverse administrative actions.
If notified of an Article 15, the commander suspects you violated articles of the UCMJ. You can accept the Article 15, or you can turn it down and demand trial by court-martial. Acceptance of an Article 15 is not an admission of guilt; it is a decision to have your commander determine whether you are guilty of an offense rather than proceeding to trial by court-martial. In most cases, you have the right to consult with an attorney before choosing how to address your Article 15.
Even if an offense does not result in a court-martial, a finding of guilt in an Article 15 can be damaging to your reputation, your military career, and your chain of command may initiate an administrative separation action. During the separation action, you may face up to an other than honorable discharge, precluding you from many veteran benefits, as well as potential future employment. If you have been notified of an Article 15, administrative separation action, general officer memorandum of reprimand, or any other adverse action, contact our office so we can walk you through the process, ensuring the best possible outcome.
SECURITY CLEARANCES
Getting or keeping a security clearance can be vital to your career, even after you leave active duty. You may be discharged from the service or denied promotion if you lose your security clearance. If you do not receive a security clearance, your professional goals may become challenging to attain. Our firm understands the magnitude of what is at stake; we will help you investigate the matter working to return your clearance.
FEDERAL COURT OF CLAIMS
We also handle cases in the U.S. Court of Federal Claims, such as claims for back pay and loss of pay. This category of claims may address personnel decisions, including unlawful discharge, denial of promotion, failure to make proper determinations as to disabilities and medical conditions, and involuntary retirement. For example, if you were a Servicemember improperly separated from active duty without being referred to a medical board for disability evaluation, you may have a claim for active duty pay for the period of wrongful discharge under the Military Pay Act, 37 U.S.C. section 204.