San Diego Military Criminal Defense

Military Criminal Defense in San Diego

Monder Law Group takes pride in defending our U.S. Armed Forces. We offer private legal defense with our civilian criminal defense attorneys to aggressively fight and defend the rights of our Marines, Sailors, Soldiers, Airmen and Coast Guardsmen.

We understand the military consequences for actions taken in the civilian courts and represent hundreds of military personnel in the San Diego military bases including:  Marine Corps Air Station (MCAS) Miramar, Marine Corps Base Camp Pendleton, Marine Corps Recruiting Depot (MCRD) San Diego, Naval Base San Diego (NBSD), Naval Base Coronado (NBC), Naval Base Point Loma (NBPL), and US Coast Guard (USCG) Station San Diego.

Monder Law and is conveniently located in the heart of downtown San Diego.

Private Military Criminal Defense

In choosing the right private civilian criminal defense attorney, you want to hire a lawyer that is experienced in knowing the complexity of each branch of the military as well as both sides of the law. We at Monder Law Group aim on getting civilian cases dismissed so we can focus on getting military consequences and serious long-term punishment reduced or dismissed.

Since the court-appointed defense council is free, many service members in your situation use this option which leaves the defense council extremely overwhelmed with very little time to research the allegations and dedicate time to your case.  We at Monder Law have civilian military criminal defense attorneys and we limit the number of cases so that we have time dedicated to your case to conduct a full investigation and develop a strategic defense to fight for your rights and your freedom.

In addition to knowing both sides of the law, Monder Law Group also understands the journey one goes through in progressing through the military career and rankings necessary to be promoted. You have worked hard to get where you are at and you deserve the best legal representation. Hiring our expert civilian criminal defense attorneys will help in securing a successful outcome for your life and future.

Military Criminal Defense FAQs

What should I do first?

Know your Article 31 Rights! You have the right to remain silent. Under armed forces governing Uniform Code of Military Justice (UCMJ), Article 31 (b) allows you to stop and refuse answering any questions (at any point), eliminating the possibility of incriminating yourself; you also have the right to consult with a lawyer….simply say, “I want to speak with an attorney.”

What are my options when deciding on a defense attorney?

You have three choices when it comes to your defense, you can choose:

1) To represent yourself

2) To let the court-appointed defense attorney represent your case or

3) To hire a private civilian criminal defense attorney; Monder Law Group will take time to strategize a defense and aggressively fight for the best possible outcome in addition to being 100% confidentiality.

What is the difference between a court-appointed defense attorney and a private civilian defense attorney?

The biggest difference is the amount of time that they have to spend on your case and the level of confidentiality.

Since the court-appointed defense attorney is free, many service members in your situation use this option which leaves them extremely overwhelmed with very little time to research the allegations and dedicate time to your case.

We at Monder Law have private civilian criminal defense attorneys and we limit the number of cases so that we have time dedicated to your case to conduct a full investigation and develop a strategic defense to fight for your rights and your freedom.

As far as confidentiality, we at Monder Law Group have 100% confidentiality and the court-appointed defense this is not always the case.

Is everything I discuss confidential?

With Monder Law Group (private civilian defense attorneys) everything you discuss is 100% confidential.

With the court-appointed military attorneys, that is not always the case, they cannot always have a confidential relationship. Anything you say to them may be used against you.

• In addition, Command Legal Officers are not attorneys, they work for the Commanders so once again, anything you say to them may be used against you.

• Lastly, anything you say to military doctors, psychologists, and chaplains may be used against you.

What are the possible military consequences and disciplinary repercussions?

Depending on the nature of the offense, military members could face the loss of their ranking which could result in reduction of pay grade, clearance rights, loss of military clearance, forfeiture of pay and allowances, fine, restriction and confinement, correctional custody, bad conduct discharge, separation from the service, fine, and/or reprimand.

What are the possible civilian punishments and disciplinary repercussions?

Civilian punishments depend on the type of offense and vary from state to state. Some of those punishments could include jail or prison time, monetary fines, community service, forfeiture of property, restitution to victims, etc.

Military Law – Areas of Practice

Driving Offenses

This could include anything from disciplinary hearings, DMV hearings, drunk driving, evading an officer, hit and run, etc. Contact Monder Law today to help maintain your driver’s license or clear your record to clear the suspension or revocation of your license.

Alcohol-Related Charges (DUIs)

Although this is one of the most common charges among Armed Forces, it can still do damage on your military career and we want to help represent your case. Whether you have been accused of driving under the influence (DUI), public intoxication or any other alcohol-related offense, contact our firm to get the best representation.

Drug Offenses

In order to maintain a high level of discipline and readiness, the Department of Defense is strict when it come to drug use. If you have failed a drug test urinalysis or been charged with drug use, possession, possession for sale, diversion, manufacturing, distribution, Sales/transportation then call one of our expert criminal defense attorneys today that can help strategize a strong defense.

Domestic Violence

This offense often has harsh penalties to set examples to peers. Do not jeopardize your life and future, call today to get a criminal defense expert in your corner.

Fraud, Theft

There are various areas of fraud including auto insurance fraud, check fraud, credit card fraud, computer crimes, money laundering, workers comp fraud, etc. This are serious allegations that could come with harsh penalties, do not defend these without the right criminal defense lawyer in your corner, call Monder Law Group today.

Assault & Battery

Assault and battery is not taken lightly and whether it is assault with a deadly weapon (weapon not always meaning a physical object, a weapon could be considered your fists), battery with serious bodily injury, battery on a peace officer, etc. you will want Monder law Group aggressively defending you.

Sex Crimes

Whether you have been charged with indecent exposure, lewd conduct, sexual batter, statutory rape, or any other sex crime, it is best to clear your name and reputation by hiring Monder Law Group to defend you.

Q: What is a non-judicial punishment?

A: Whether you are a service member enlisted in the Marine Corps, Navy, Army, Air Force, or Coast Guard, a non-judicial punishment is an administrative discipline measure used by all five military branches for minor violations of the UCMJ. The important thing to understand about non-judicial punishment is that it serves as an alternative to court martial proceedings for offenses that require punishment but are not serious enough to warrant a prosecution.

Q: What are your rights under UCMJ Article 15?

A: As a service member in the military you have a right to be notified that your command is considering an Article 15 against you. Although you will not be appointed a judge advocate, you may seek the advice of a civil criminal defense attorney. You have a right to review the description of the alleged offenses and a summary of the evidence upon which the allegations are based. Ultimately, it is up to you to decide whether to accept the non-judicial punishment or demand a trial by court martial. If you fail to request a trial by court-martial, in effect you will have waived your right to not be tried through non-judicial proceedings.

Q: What is an administrative separation?

A: An administrative separation is the process used by all five military branches for the involuntary separation of a service member with more than six years of service or when the commanding officer is requesting an other than honorable characterization of separation for the service member. The most common reasons that a service member’s command requests involuntary separation is because of failure or poor performance of their duties, substance abuse, insubordination, unexcused absences and failure to respond to official documentation. The important thing to understand about the penalties for an administrative separation is that in addition to the involuntary separation, the separation authority may characterize your service as under honorable and other than honorable.

Q: What are your rights in an administrative separation?

A: If you are facing an administrative separation you have a right to a military attorney and/ or to retain a civilian criminal defense attorney to represent you in an administrative separation board hearing. In preparation for the hearing, you have a right to receive a copy of the evidence submitted by your command and to cross examine the witnesses against you. You also have a right to submit your own rebuttal evidence and to provide witnesses to testify on your behalf for consideration by the separation authority.

Q: What is a court martial proceeding?

A: A court martial proceeding tries military service members that are charged with violations of the Uniform Code of Military Justice. The UCMJ is federal law that regulates both military and civilian criminal conduct for military members. The important thing to understand about a court martial proceeding is that court-martials have exclusive jurisdiction over military offenses and share joint jurisdiction with state courts over civilian criminal offenses. If you are facing a court martial in addition to the penalties involved in non-judicial punishments, a conviction may result in total forfeitures of pay and allowances, reduction to the lowest pay grade, a dishonorable discharge or a bad conduct discharge, the death penalty or confinement for life without possibility of parole.

Q: What are your rights in a court martial proceeding?

A: If you are facing a military court martial you have a right to a military attorney and/ or to retain a civilian criminal defense attorney to represent you in an administrative separation board hearing. In preparation for the hearing, you have a right to receive a copy of the evidence submitted by your command and to cross examine the witnesses against you. You also have a right to submit your own rebuttal evidence and to provide witnesses to testify on your behalf for consideration by the separation authority.

Q: What is a general court martial?

A: A general court martial is reserved for the most severe UCMJ violations.  The proceedings are similar to those of a felony civilian criminal court. A military judge will preside over the general court martial, there will be a prosecutor, a defense attorney and a panel of at least five military service members. You can choose whether to be tried by the military judge or the panel. The panel will generally be made up of commission and warrant officers unless you are an enlisted member and demand that a third of the panel be made up of other enlisted service members.

Q: What is a special court martial?

A: A special court martial is reserved for UCMJ violations of medium severity. The proceedings are similar to those of a misdemeanor civilian criminal court. A military judge will preside over the special court martial, there will be a prosecutor, a defense attorney and a panel of at least three military service members. You can choose whether to be tried by the military judge or the panel. The panel will generally be made up of commission and warrant officers unless you are an enlisted member and demand that a third of the panel be made up of other enlisted service members.

Q: What is summary court martial?

A: A summary court martial only has jurisdiction over enlisted service members and is reserved for the least severe UCMJ violations. The proceedings are similar to those of an Article 15 hearing. A commissioned officer, O-3’s and above, presides over a summary court martial, there is no panel of military service members.

Q: What is military diversion?

A: Military diversion offers both active duty military service members and veterans facing misdemeanor charges the opportunity to suspend the criminal proceedings against them if they are suffering from service related trauma, mental health issues or substance abuse and agree to enter a court ordered diversion program. In exchange, the court will impose conditions on the diversion program that will require you to participate in treatment programs to address your underlying service related issues. It is important to point out that military diversion may occur at any point throughout the judicial process up until adjudication has occurred.

Q: What are the requirements for military diversion?

A: In order to qualify for pretrial diversion, you must be a member of the U.S. military that is being charged with a misdemeanor offense. You must be currently suffering from service related post-traumatic stress disorder, a traumatic brain injury, sexual trauma, substance abuse or other mental health problems. You must not have been granted military diversion in another case and consent to being placed on military diversion, thereby waiving your rights to a speedy trial.

Q: What is the difference between military assault charges and civilian criminal assault charges?

A: Pursuant to Article 128 of the Uniform Code of Military Justice, an active duty military service member can be charged for assault in civilian state court and/or federal court-martial. It is important to point out that double jeopardy will not attach because the federal government and state government are considered separate court systems. Ultimately, where military assault charges are filed will depend on the nature of the assault, the identity of the victim, and whether a weapon was used in the commission of the assault, not where the assault took place. On the other hand, pursuant to California Penal Code section 240, the civilian criminal justice system only has jurisdiction over assaults that occur within the boundaries of the state of California.

Q: What is a military protective order?

A: A military protective order is a direct order by your unit commander telling you what you can and cannot do in order to safeguard the alleged victim during the investigation process and until charges are formally filed. Your command will prohibit all communication with and order you to maintain a certain distance from the protected person. In an effort to ensure compliance with a military protective order, you may be removed from base housing, your access on base may be restricted, and you may have to surrender your government issued weapons custody card. Ultimately, it will be your unit commander who will determine the terms of the military protective order based on the specific needs of the alleged victim.

Q: What is the difference between military DUI and civilian DUI charges?

A: A military DUI occurs whenever an active duty service member is arrested by a military police officer for driving under the influence of alcohol on a military base. Pursuant to Article 111 of the Uniform Code of Military Justice, you could be subject to administrative action and a court martial for this offense. It is important to point out that driving under the influence on a military installation will not result in civilian criminal charges but will still be subject to the state administrative penalties imposed by DMV. Whereas, a civilian DUI occurs whenever an active duty service member is arrested by law enforcement officers for driving under the influence of alcohol off base. Pursuant to Vehicle Code section 23152(a), you could be subject to up to one year in county jail, a court fine of up to $1,000, informal probation for 3 to 5 years, and be required to complete court ordered substance abuse treatment or class. It is important to point out that while driving under the influence off base will result in you being charged as a civilian in criminal court, your command can still decide to take non-judicial punishment against you.

SAN DIEGO MILITARY BASES

Private Criminal Defense for Marines Corps Air Station in Miramar, San Diego

Marine Corps Air Station (MCAS) Miramar – Marines and Sailors come to MCAS to get unparalleled air and ground training which prepares them for combat. The civilian Marines support every military branch and MCAS Miramar is comprised of over 15,000 service members.

Only 15 miles away from MCAS Miramar, Monder Law Group is located in the heart of downtown. Our military lawyers are proud to represent our service members at MCAS Miramar.

Monder Law Group is an expert in criminal defense and we are aggressive when it comes to our client’s rights.  We understand the multifaceted civilian and military court systems, which allow us to focus on building a strong case and fighting for the best possible outcome on the civilian side to help alleviate the consequences on the military side.

Monder Law Group is available 24/7 for free consultations. Do not gamble with your life or your future. Schedule your appointment at 619-405-0063 right away!

Website

http://www.miramar.marines.mil/Commands/AboutMCASMiramar.aspx

Private Criminal Defense for Marines in Camp Pendleton, San Diego

Marine Corps Base Camp Pendleton– home to the West Coast’s largest training facility for active and reserve Marine, Navy and Army units. Camp Pendleton provides exceptional mountain and coastal terrain to prepare for combat readiness. This includes more than 42,000 active duty personnel, thousands of Marine reservists and 23,500 reserve personnel.

Located in San Diego County, Monder Law Group’s expert private criminal defense attorneys are proud to represent our service members at Camp Pendleton.

Monder Law Group understands the complexity of the civilian and military court systems. This allows us to focus on building a strong case and aggressively fight for the best possible outcome on the civilian side to help alleviate the consequences on the military side.

Whether this is a first time allegation or repeat offense, Monder Law Group will fight for you and do everything possible to get a successful outcome. Our private criminal defense lawyers can provide legal services for the following: Driving Offenses, Alcohol-Related Charges (DUIs), Drug Offenses, Domestic Violence, Fraud, Theft, Sex Crimes, and Assault & Battery.

We offer free consultations 24/7. Your life and your future might be at stake.

You have the right to choose who legally represents you, so make it count! This is your life and you deserve to have the best representation. Call one of Monder Law military attorneys today at 619-405-0063.

Website

http://www.pendleton.marines.mil/About/Introduction.aspx

Private Criminal Defense for Marine Corps Recruiting Depot in San Diego

Marine Corps Recruiting Depot (MCRD) San Diego – every year more than 21,000 enlisted male Marine Corps are trained at MCRD. In addition to Marine Corps aggressive training schools are two of the U.S. Coast Guard’s teams.  

Less than 5 miles away from MCRD, Monder Law Group is located in the heart of downtown. Our private military lawyers are proud to represent our Armed Forces stationed at MCRD.

Monder Law Group is an expert in criminal defense and we are aggressive when it comes to our client’s rights.  We focus on building a strong case to fight on your behalf. Whether this is a first time allegation or repeat offense, Monder Law Group will fight for you and do everything possible to get a successful outcome.

We understand the complicated civilian and military court systems, which allow us to focus on getting the best possible outcome on the civilian side to help alleviate the repercussions on the military side. Give us a call at 619-405-0063!

Website

http://www.military.com/base-guide/marine-corps-recruit-depot-san-diego

Private Criminal Defense for Naval Base in San Diego

Naval Base San Diego (NBSD) – Also commonly known as the 32^nd Street Naval Station. Located in San Diego, California, it is home of the largest U.S. Naval Base on the west coast, consisting of 213 individual commands, 150 tenant commands and 54 Ships.

Monder Law Group is located in the heart of downtown San Diego and is less than 5 minutes away from NBSD base. Our military lawyers are proud to represent our fellow Navy defenders from the Naval Base San Diego.

Our military law attorneys understand the complexity of the military and civilian court systems. This may be a first time allegation and there is a steep learning curve to the military and judicial systems which are overwhelming and constantly changing.

Monder Law Group is an expert in military law just as you are an expert in your profession; let us do what we do best and let you get back to your life. Allow us to alleviate you and your families of that inevitable stress.

We handle Driving Offenses, Alcohol-Related Charges (DUIs), Drug Offenses, Domestic Violence, Fraud, Theft, Sex Crimes, and Assault & Battery.

Monder Law Group is available 24/7 and we offer free consultations. We welcome you to explore your options and set up an appointment at our convenient downtown San Diego location.

This is your life, you deserve to have the best representation and these situations do not correct themselves. You need to act now because the more time that goes by is more time for the prosecution to build a case against you. Call one of Monder Law military attorneys today at 619-405-0063.

Website

http://www.cnic.navy.mil/regions/cnrsw/installations/navbase_san_diego/about.html

Private Criminal Defense for Naval Base in Coronado, San Diego

Naval Base Coronado (NBC) – Also known as Naval Amphibious Base Coronado offers elite and unique shore-based training includes land, sea, undersea, and air      platforms for a variety of commands to optimize their strengths. These include, Navy Expeditionary Combat Command squadrons, four SEAL Teams, 16 helicopter squadrons, 2 fixed wing squadrons, two aircraft carriers, and the list goes on.

Less than 5 miles away from Naval Base Coronado, Monder Law Group is located in the heart of downtown. Our private military lawyers are proud to represent our Armed Forces stationed at NBC.

Monder Law Group is an expert in criminal defense just as you are an expert in your profession; let us do what we do best and let you get back to your lives and families.

We are aggressive when it comes to our client’s rights and we focus on building a strong case to fight on your behalf and know the high stakes at risk. We understanding the complex civilian and military court systems, which allows us to focus on getting the best possible outcome on the civilian side to help alleviate the repercussions on the military side. Whether this is a first time allegation or repeat offense, Monder Law Group will fight for you and do everything possible to get a successful outcome.

Our legal services include Driving Offenses, Alcohol-Related Charges (DUIs), Drug Offenses, Domestic Violence, Fraud, Theft, Sex Crimes, and Assault & Battery.

Monder Law Group is available 24/7 and we offer free consultations. Do not gamble with your life or your future. You have the right to choose who legally represents you, make it count! This is your life and you deserve to have the best representation. Call one of Monder Law military attorneys today at 619-405-0063.

Website

https://www.cnic.navy.mil/Coronado/index.htm

Private Criminal Defense for Naval Base in Point Loma, San Diego

Naval Base Point Loma (NBPL) – provides support to 70 U.S. Pacific Fleet and is home to six technical installations which include, Space & Naval Warfare Systems Command Headquarters and Naval Submarine Base. NBPL provides unparalleled support to sea and shore commands which optimizes combat readiness for all operating forces.

Located in the heart of downtown San Diego, Monder Law Group is 5 miles away from NBPL base. Our private military lawyers are proud to represent our Armed Forces from the Naval Base Point Loma.

Understanding the intricate civilian and military court systems helps us focus in putting together an aggressive and strategic defense to get the best possible outcome.  Whether this is a first time allegation or repeat offense, Monder Law Group will fight for you and do everything possible to get a successful outcome.

Our private criminal defense lawyers can provide legal services for the following: Driving Offenses, Alcohol-Related Charges (DUIs), Drug Offenses, Domestic Violence, Fraud, Theft, Sex Crimes, and Assault & Battery.

Monder Law Group is available 24/7 and we offer free consultations. We welcome you set up an appointment at our convenient downtown San Diego location.

Remember, you have the right to choose who represents you, make it count! This is your life, you deserve to have the best representation. Do not gamble with your life or your future. Call one of Monder Law military attorneys today at 619-405-0063.

Website

https://www.cnic.navy.mil/regions/cnrsw/installations/navbase_point_loma/about.html

Private Criminal Defense for US Coast Guard in San Diego

US Coast Guard (USCG) Station San Diego – Maritime Safety and Security Team San Diego is tasked with protecting all waterways and seaports, they take pride in making sure all harbors, vessels, and cargo are secure.

Less than 3 miles away from USCG Station, Monder Law Group is located in the heart of downtown. Our private military lawyers are proud to represent our Coast Guardsmen stationed in San Diego.

Our private criminal defense attorneys understanding the complicated civilian and military court systems, which give us an upper hand when working with our military personnel. We realize the civilian and military repercussions that one could face and focus on putting together a strong defense to get the best possible outcome. Whether this is a first time allegation or repeat offense, Monder Law Group will fight for you and do everything possible to get a successful outcome.

Our private criminal defense lawyers can provide legal services for the following: Driving Offenses, Alcohol-Related Charges (DUIs), Drug Offenses, Domestic Violence, Fraud, Theft, Sex Crimes, and Assault & Battery.

Monder Law Group is available 24/7 and we offer free consultations. We welcome you set up an appointment at our convenient downtown San Diego location.

Do not gamble with your life or your future. You have the right to choose who legally represents you, make it count! This is your life and you deserve to have the best representation. Call one of Monder Law military attorneys today at 619-405-0063. Our expertise extends beyond military criminal defense, and includes sex crimes defense, fraud, and more.

Website

http://www.military.com/base-guide/us-coast-guard-station-san-diego