Monder Law Group - News

What Is the Job of a Criminal Defense Lawyer?

If you ever get in trouble with the law, it would be good for you to understand what the job of criminal defense attorney is. Why? Well, if you end up being prosecuted for a crime you may or may not have committed, or are facing legal action against you for failing to report a crime, you need to find the best criminal defense attorney to represent your case.

In order to find the finest criminal lawyer San Diego has to offer, you first need to understand the scope of work that that person does for a living, and then judge his or her capabilities based on the information you possess. Let us help you get familiar with the work criminal lawyers do.

What does a criminal defense lawyer do?

The job of a criminal defense lawyer with the Department of Justice in the Southern District of California is a complicated one, and it consists of many steps during the process of defending your case. The best way to explain exactly what a criminal defense lawyer does is to break it down.

1. Assignment – The first step is for the criminal defense attorney to be assigned a case. This can happen either by the defendant contacting the attorney directly, or by the court assigning a lawyer to a defendant. 
2. Interview – The criminal defense lawyer has to meet with the client and gather as much information on the case as possible, in order to represent the client’s interests to the best of his or her abilities.
3. Investigation – A criminal defense attorney must also perform a detailed investigation into every aspect of the case so as to be able to come up with a defense strategy. A criminal lawyer can interview the police, talk to witnesses, and investigate the evidence.
4. Evidence analysis – Once the criminal lawyer investigates the evidence and gathers it all in one place, he or she must perform a detailed analysis of all the evidence pursuant to the case. This is a vital part of envisioning a strategy.
5. Client consultation – A criminal defense attorney has to remain in constant communication with the client. It is the only way to keep the client informed about the case, but also the only way for the lawyer to get additional comments on the case and the evidence.
6. Jury selection – Criminal lawyers are  also involved in the process of selecting the most suitable jury members for the case. A criminal attorney can choose to remove certain jurors if he or she finds them unsuitable for the proceedings.
7. Plea bargaining – During the case proceeding, it is the job of a criminal defense lawyer to constantly negotiate a potential plea bargain for the client. Sometimes, it is better to secure a deal than go to court.
8. Trial – Criminal lawyers are present in the courtroom at all times to represent their client’s case to the best of their abilities and to fight for their client’s freedom. 
9. Sentence – Criminal defense lawyers also represent their clients during sentencing. A criminal attorney is able to negotiate the potential amount of time served, discuss plea bargaining, and try to arrange an alternative to incarceration in the worst-case scenario.

How can a criminal defense lawyer help you?

There are many ways in which a criminal defense lawyer can help you, and many of those ways have been stated above, However, let’s see in what other manner a criminal defense attorney can prove helpful when representing your case.

• Emotions – Having a criminal defense lawyer by your side will alleviate a lot of stress from a very stressful situation.
• Education – A criminal attorney will provide invaluable insight into the inner mechanisms of the law, making you understand what’s going on.
• Witnesses – A criminal lawyer will hire expert witnesses to defend your case.
• Investigators – Also, a criminal lawyer is able to hire good private investigators to obtain additional evidence, witness statements, etc.
• Negotiations – Criminal defense attorneys are excellent negotiators, and you’ll need their negotiating skills to get a sentence as favorable as possible.
• Resources – Finally, it is difficult to do everything on your own. A good criminal defense lawyer has access to invaluable resources that can be harnesses toward securing a “not guilty” verdict.

“Where can I find the best criminal attorney to represent my case?”

If you’re in San Diego, and you’re looking for the best criminal defense attorney to help you with your case, there is only one address you should go to – Monder Criminal Lawyer Group. Vik Monder is an experienced criminal defense lawyer in San Diego who has assembled a stellar team to help him help you. Together, we are capable of representing your case in the best way possible. If you’re taking a stroll through the Gaslamp Quarter to take your mind off the problems, take a detour to our office and we’ll help you walk happily again!

Monder Law Group - News

Being Charged with a Crime: Can They Do It Without Evidence and Without Me Knowing?

Being charged with a crime is never a pleasant experience. Sometimes, you can get into trouble for not reporting a crime, and find yourself puzzled by the nuances of criminal law.

In that case, the best course of action is to find out what exactly a criminal defense lawyer does and if a criminal attorney can help you out with your case. But, before trying to find a good, but affordable criminal attorney in San Diego, let’s see what you can do if charged with a crime.

Can you be charged without evidence?

There are some rare instances of individuals being charged with a crime without evidence, but it is an extremely rare occasion when it comes to the California Department of Justice. The police need to have probable cause in order to be able to charge a person with a crime. 

Probable cause represents reasonable grounds that leads a police officer to believe an individual is guilty of committing a crime. Probable cause is also necessary for any search to transpire.

However, sometimes individuals misunderstand what constitutes evidence, and they focus on physical evidence alone, neglecting or being unaware of all the other categories of evidence. We need to shed some light on that matter as well.

What are the different categories of evidence?

When it comes to evidence, individuals mostly focus on physical evidence, neglecting all other types of it. In reality, there are other ways for the police to develop probable cause through different types of evidence.

1. Physical evidence – Physical evidence certainly is what most people think of when they hear the word. It represents any physical items that link an individual to a crime, including injuries, weapons, drugs, etc.
2. Confessions – Confessions include a self-incriminating statement you may have made to the police while being charged with a crime, hence the “you have the right to remain silent” procedure.
3. Witness testimonies – If a person saw you committing a crime, his or her testimony is also considered ample evidence for probable cause.
4. Chemical evidence – Chemical evidence is similar to physical evidence, and they almost fall into the same category. However, chemical evidence is rarely seen with the naked eye, and demands a detailed chemical analysis to be found. 
5. Electronic evidence – Any text messages, computer files, emails, etc. can be used as incriminating material against you, especially when it comes to computer and cyber crime.
6. Circumstantial evidence – Circumstantial evidence represents any evidence that is able to place you at the scene of the crime, at the time of the crime, including witness testimonies, fingerprints, shoe prints, etc.

How long do police have to charge you with a crime?

Before commenting on how long you can be held in custody before being charged with a crime in the state of California, let’s see when the police can arrest you for a crime they presume you’ve committed. 

When it comes to arresting you, there are several occurrences of the police having legal right to arrest you:

• They have reasonable grounds to believe that you were the person guilty of the crime.
• They possess a warrant.
• They saw you commit a breach of peace, e.g. acting violently.

There are some other instances when you can be arrested, like breaching the conditions of your bail, or they have instructions to serve and AVO – an Apprehended Violence Order, but the above mentioned ones are the most common. 

Now, if the police do arrest you, the timeframe of them having the ability to charge you with a crime differs from state to state, but is mostly a 48-hour period. And it’s not the police that raises charges but the prosecutor.

However, we have to note that the 48-hour time period refers only to the amount of time the police can hold a person in custody. A prosecutor can bring charges later on, at any given time, and is restricted only by the statute of limitations, which proscribes a time window for a person to be charged with a particular crime.

Can you be charged with a crime without knowing?

If you’re charged with a crime, you’ll know about it, sooner or later. Mistakes do happen, and mistakes can happen, but it is rare to nonexistent for a person to be charged with a crime and not know it.

There are many procedures that need to take place in the process of charging a person with a crime, from raising charges, arresting a person or performing citation, to legally prosecuting a person in front of the court of law. It is virtually impossible for mistakes to be made all along the way.

However, sometimes people employ the defense of claiming they had no idea they had committed a crime, or that they did not fully understand the law in relation to their proposed crime. This is rarely a sound defense, and you should definitely consider hiring a good criminal defense attorney.

“Where can I hire the best criminal defense lawyer in San Diego?”

If you’re in need of legal representation or legal counsel, Vik Monder of the Monder Criminal Lawyer Group is the best of the best. He is a successful yet affordable criminal attorney in San Diego. He’ll be able to advise you, help you, and do everything in his power to free you of the charges. If you’re too stressed about your case to enjoy the San Diego Natural History Museum, come to our offices and we’ll see what we can do for you!

Monder Law Group - News

Dismissal Due to Misidentification on Criminal Charges in San Diego Court

Looking for a criminal attorney in San Diego with a good track record? Look no further. Attorney Vik Monder has successfully had charges dismissed in San Diego Superior Court due to the fact that the prosecutor’s office had filed charges on the wrong person. 

Criminal Attorney Vik Monder through his own litigation techniques has proven these misidentification issues and has had success in getting charges completely dismissed with prejudice in the criminal courts throughout San Diego.

How do you get charges dismissed?

Have you or someone you know been charged with a crime and are not the person who was involved in the crime?

This does in fact happen in the criminal courts throughout San Diego County. People are charged every single day for crimes where the investigation was not complete, and the probable cause is extremely limited.

What is a misidentification case?

In the most recent case that was handled by attorney Vik Monder, there was surveillance video footage and a confession by the defendant in the case. However, the premise of the entire case was based on the company’s identification of the client who was alleged in committing embezzlement at the company. 

The problem with this case was that Vik Monder’s client did not work for the company when the embezzlement took place. This was clearly negligence from the HR company and the investigator failing to look at the employment records of the client. Once this information was discovered attorney Vik Monder set a status conference immediately in front of the judge in the Superior Court of San Diego and the case was dismissed!

What are the repercussions?

The most frustrating part of all of misidentification cases is that the innocent person now has an arrest record for charges that they did not even commit due to someone else’s negligence. The client is now pursuing a legal civil claim against the company and everyone involved in the prosecution.

People should be held accountable for their actions due to the effects that this has on innocent people. The client will never be able to live a normal life again without thinking he is going to be responsible for the actions of someone else with a similar name. This problem is all too real in the criminal justice process.

There are often problems in identification cases. As a society, we are supposed to hold as truth whatever someone says in identifying another individual even if they are not 100% accurate in their assertions and the foundation of the investigation is faulty. 

When law enforcement wants you to be the suspect in a criminal case the government will do everything in their power to prove the case against you. It is important to hire an experienced San Diego criminal attorney that can prove your innocence. There are few lawyers in San Diego that have gained the same level of experience and success as attorney Vik Monder. You should never jeopardize your future with someone else. 

Contact the leading criminal attorney in San Diego now

Call Vik Monder, the leading criminal attorney in San Diego today regarding the possibility of getting charges reduced or dismissed in your case. Feel free to call San Diego Criminal Defense Lawyer Vik Monder at 619-405-0063.

Monder Law Group - News

Attorney Vik Monder takes on High-Profile Criminal Case in San Diego

Vik Monder is a high-profile criminal defense attorney in San Diego and has a successful track record fighting for those accused of crimes. Attorney Vik Monder only handles criminal cases here in San Diego and has built relationships with the courts and prosecutors over the years in order to effectively advocate on behalf of his clients.

When people in San Diego are looking to hire a criminal defense attorney for a serious offense, Attorney Vik Monder’s Office is often the place everyone goes to gain insight as to how the criminal justice system unfolds here in San Diego.

High-profile criminal cases often turn to media cases

The most recent criminal case handled by attorney Vik Monder carries multiple life allegations and if the defendant is found guilty he may be looking at spending the rest of his life in prison. It is important to have an attorney that can dissect a case with experts and techniques to defend such charges especially when they are media cases. There is often a heightened level of scrutiny on these cases given the public interest in following such cases.

This particular case involved an incident that occurred in La Jolla, California where many prominent and wealthy individuals reside including many people in our legal system. This gives rise to the media’s motivation to follow such a story based on the political climate of the community at large.

Reach out to the leading criminal defense attorney in San Diego

If you are facing serious criminal charges and need a competent San Diego criminal defense attorney, feel free to contact the Monder Criminal Lawyer Group for a free consultation at 619-405-0063.

Monder Law Group - News

Fake ID’s

In order to understand the penalties and defenses with everything regarding the possession or presentation of a fake ID by a minor, one must understand the legal definition of possession or presentation of a fake ID by a minor. The California Business and Professions Code 25661 makes it a crime for a minor to present or possess a false identification card. Specifically, a person is guilty under BPC 255661 if he/she is not above the age of 21 and either:

1. Presents a false or fraudulent ID to a business with the intent of purchasing, ordering, or attempting to purchase alcohol;
2. Possesses a false or fraudulent identification card;

Examples of illegal acts that fall under California Business and Professions Code 25661 include, but are not limited to:

1. Although only 20, Brian tries to use his older brother’s ID (who is over 21 years old) in order to purchase vodka at a liquor store.
2. Jake is 18 but uses his 23-year-old friend’s ID so that he can get into a bar.
3. Sofia is 16 and uses a fake ID in order to gain admittance to a nightclub.

It is most common for violations of Business and Professions Code 25661 to have actual possession. In other words, the accused person was caught with an identification card in his hand or reach, as in a pocket, bag, jacket, etc.

Someone who is accused under Business and Professions Code 25661 can, of course, challenge the charges by using a legal defense. Examples of good defenses can typically get charges reduced or even better, dismissed. However, it is vital for a defendant to hire an attorney in order to receive the best possible defense strategies and outcomes for his or her case. The three most typical defense strategies to Business and Professions Code 25661 are:

1. For the accused to not be a minor;
   1. Keep in mind that Business and Professions Code 25661 can ONLY apply to a minor. It is a completely legitimate defense for a defendant to show that he was 21 years of age or older when the alleged incident took place. However, it is important to note that if an accused person is 21 or over, and is caught having a fake ID in his possession, he can, unfortunately, still be charged with a crime per California Penal Code 470(b). Unlike the punishments related to minors, California Penal Code 470(b) is much less forgiving to adults who have been charged. Some potential penalties under California Penal Code 470(b) are misdemeanor (summary) probation, up to one year in county jail, and/or a fine of up to $1,000 dollars. Now if one has a felony fake ID charge, they may be subject to:
      1. Felony (formal) probation;
      2. Sixteen months, two or three years in county jail; and/or
      3. A fine of up to ten thousand dollars.
2. For the accused to not be purchasing alcohol;
   1. In regards to the presentation of a fake ID, a minor is guilty under Business and Professions Code 25661, if and only if, he presented an ID to buy, or attempt to buy alcohol. A perfectly legal defense, in that case, is for the accused person to demonstrate that he was not using a fake ID in order to purchase alcohol. To be more specific, perhaps it was possible for the accused to have been purchasing cigarettes.
3. For the accused to have been victim of an unlawful search or seizure.
   1. The Fourth Amendment of the United States Constitution declares that people have the right to be free from unreasonable searches and seizures by law enforcement. For example, if authorities gather evidence in a manner that can be described as unreasonable, or an unlawful search and seizure, then the evidence they have gathered can be excluded from a criminal case, which would essentially allow for the charges to be reduced or even dismissed, if the officer cannot produce the fake ID in question. The Fourth Amendment’s rule against unreasonable search and seizures suggests that police are not allowed to search a person or his property unless one of the following conditions is satisfied:
      1. They have obtained a valid search warrant from a judge;
      2. The search is protected within one of a number of exceptions to the warrant requirement that is upheld by not only federal, but also California courts.

A minor that has violated Business and Professions Code 25661 will be charged with a misdemeanor, having a first-time offender of the crime punishable by:

1. A Maximum fine of $250 dollars;
2. Performance and completion of between 24 and 32 hours of community service.

However, if one is to become a second-time offender, they can be subject to one or even both of the following:

1. A maximum fine of $500 dollars;
2. Performance and completion of between 36 and 48 community service hours.

Now that you understand the crime regarding a minor using a fake ID, it is time to find adequate legal representation

At Monder Law, we will go to extreme lengths in order to secure the best possible outcome in regards to your case so that you don’t face severe punishments. Attorney Vik Monder is a San Diego native who has not only defended, but also went above and beyond countless clients’ expectations who have been presented with misdemeanor fake ID charges. Monder Law’s powerful legal defense offers the best attorney while also at an affordable price. Vik Monder’s preparation and success rate for criminal cases are a true testament to his highly regarded reputation as one of San Diego’s best criminal defense lawyers. Not only will we go through each and every aspect to your specific case, but we will assemble the best strategy to attack your case, and prevent you from suffering the severe consequences. Your fake ID case will be made a lot stronger with our help, so if you feel that we can help you with your case, give us a call!

Monder Law Group - News

Jefferey Epstein

Beginning his finance career at Bear Stearns, while later forming his very own firm, Jeffrey Epstein lived life as a very powerful multi-millionaire who lived among different elite groups financially, culturally, and politically before his conviction for sex crimes in 2008. The case began as of 2005 when the police department of Palm Beach, Florida investigated a mother’s claim that Epstein had molested her 14-year-old daughter. As the investigation progressed and more evidence was brought to the table, Epstein pleaded guilty and was convicted in 2008 of soliciting a prostitute and procuring an underage girl for prostitution. Epstein was forced to serve 13 months in custody in conjunction with work release.

Unsurprisingly to his 2008 conviction, Epstein continued with his endeavors in regards to sex trafficking minors and was arrested once again on July 6, 2019, at the Terebro Airport in New Jersey on federal charges for the exact same reason. Witnesses and sources spoke in part to the events that evolved during the day, stating how around a dozen FBI agents forced their entry into Epstein’s Manhattan home with search warrants. Riddled with evidence, FBI found items and information that linked Epstein to committing crimes of sex trafficking, which contained hundreds, if not thousands, of things such as sexually explicit photographs of either fully or partially nude women; some of the photos as well were of underage women. With the opening of his locked safe, officials discovered compact discs with handwritten labels with a format: “Young (Name) + (Name)”, and even “Misc nudes 1”. On top of this, the FBI also uncovered his fraudulent Austrian passport which provided evidence of his travels to France, Spain, the United Kingdom, and Saudi Arabia. On July 8, prosecutors from the Public Corruption Unit of the Southern District of New York charged Epstein with sex trafficking and conspiracy to traffic minors for sex. Documents claimed there to have been over 40 underage girls brought to the Epstein mansion for sexual encounters. In order to try and protect Epstein, his lawyers pleaded with Judge Kenneth Marra to post bail, while offering amounts up to $600 million dollars so that Epstein could submit to house arrest in his New York mansion. Despite these efforts, the judge denied his request on July 18 because he was labeled a danger to the public and a legitimate flight risk to avoid prosecution.

On July 23, Epstein was discovered by workers at the jail, injured and semiconscious on the floor of his cell. These injuries made officials suspicious of assault from another cellmate or even a suicide attempt, neither of which have been ruled out. His cellmate, Nicholas Tartaglione, 51, has denied any involvement with the marks on Epstein’s neck according to his lawyer. Jennifer Araoz, who is a victim accusing Epstein of childhood rape, is seeking depose Esptein in order to figure out the identity of the woman who apparently recruited her near the Talen Unlimited High School and was involved in the , “grooming” process so that Epstein could sexually assault Araoz.

Not only has Epstein been involved in underage sex trafficking but has also been heavily involved with the company Victoria Secret, as its financial manager and right hand to its chief executive officer, Leslie Wexner. Epstein completely influenced the lingerie industry by associating with the division’s chief marketing officer, Ed Razek. Razek was introduced to women at Epstein’s mansion who said they were working as models for Epstein. Razek described them as, “major league” to his guest William Mook, head of Mok Industries LLC. In combination with Epstein’s involvement with Victoria’s Secret and society’s #MeToo movement, which has increasingly promoted values that—in part—oppose the business model of Victoria’s Secret, the company has suffered the loss of billions of dollars in market value.

Defense against Sexual Assault?

In order to begin understanding how someone would defend themselves in a sexual assault case, one must know what sexual assault is. It refers to non-consensual or unwanted sexual contact such as, but not limited to, grabbing or groping; however, excluding sexual assault, while it can also be referred to as rape, sexual abuse, and even sexual battery depending on what state you are in. Based off of the severity of the victim’s allegations, sexual assault can potentially be classified as a felony, which is why the pre-trial phase of preparation is crucial to a successful defense. It is most common for these cases to be a, “he said” or, “she said” dilemma. As an effect of this, a detailed investigation is required. Credibility in combination with expert witnesses are frequently useful tools that can help offset the odds towards the defense. Just the accusation itself, not even the conviction, of sexual assault can detrimentally affect one’s reputation, personal relationships, and career. Convicted people of sexual assault can often face a lifetime registration as a sex offender and harsh criminal penalties; a sexual assault conviction in tandem with public records will allow neighbors and even employers to see this label forever.

A possible defense strategy of sexual assault is the utilization of experts such as psychologists, medical experts, private investigators, and an attorney who can employ these resources to fashion the most effective defense possible to try and save your life and reputation. At Monder Law, we will go to extreme lengths in order to secure the best possible outcome in regards to your case so that you don’t face severe punishments. Attorney Vik Monder is a San Diego native who has not only defended, but also went above and beyond countless clients’ expectations who have been presented with sexual assault charges. Monder Law’s powerful legal defense offers the best attorney while also at an affordable price. Vik Monder’s preparation and success rate for criminal cases are a true testament to his highly regarded reputation as one of San Diego’s best criminal defense lawyers. If you feel that we can help you with your case, give us a call!

Monder Law Group - News

What Punishments Can Be Imposed by a Court Martial?

Sometimes, not even the a team of military criminal lawyers in San Diego can help avoid one of court martial punishments. The process of court martial was not favorable, the court martial appeals were rejected, and it’s time to face the decision. Here are the potential punishments that are court martial might instate, divided according to the type of court martial.

Summary court martial punishments

Summary court martials preside over minor charges that are raised against active military members. The punishments too are not as severe as with other levels of court martial, and are imposed based on the pay grade of the accused party.

Those members of the military that are in E-4 pay grade or lower can expect up to 45 days of hard labor, or a maximum of 30-day confinement. Also, the court martial may decide to reduce their pay grade to E-1, restrict their salary for a maximum of two months, or forfeit two-thirds of their monthly pay for the maximum duration of one month.

As for those members of the military in E-5 pay grade or higher, they can face a reduction of a single pay grade, to the minimum of E-4, forfeiture of two-thirds of their monthly pay, or a two-month salary restriction.

Special court martial punishments

The second type of court martial is the special court martial, which presides over more serious offenses that the summary court martial. Special court martials imposes punishments in a similar manner as summary court martials, but these punishments are slightly more severe.

Special court martials can forfeit two-thirds of an active military member’s pay for the duration of one year. This court can also order confinement for up to a year, depending on the offense, hard labor without confinement, and any amount of forfeiture of pay that will last longer than a year.

General court martial punishments

General court martial is a military court of law of the highest order, and, consequently, it only presides over the most serious of offenses committed by active members of the military. This also means that the punishments that this court is able to impose are the most severe.

When it comes to general court martial punishments, they are restricted by the alleged offense the defendant has made. All the punishments for the cases that are to go in front of the general court martial are proscribed by the Manual for Courts-martial, or MCM.

The potential punishments include prolonged confinement, discharge for bad conduct, dishonorable discharge, dismissal from active service, and, in the most extreme of cases, even death. Because the punishments a general court martial is able to impose, it is necessary to secure best legal representation and increase your chances of a favorable trial.

It’s best not to let it come to court martial punishments at all!

An ordinary team of military criminal lawyers might not be able to secure a sentence of not guilty. But Monder Criminal Lawyer Group consists only of the most extraordinary military law experts that are able to provide the best legal representation in front of a court martial. If you want to maximize your chances, then you need a team like ours by your side in the courtroom. Contact us today, or come to our offices for a free consultation!

Monder Law Group - News

What You Need to Know About Court Martial Appeals

If you’re looking for the best military criminal attorneys in San Diego, chances are you’re either facing court martial proceedings, or you’ve already been sentenced and you’re preparing your court martial appeal. Whatever the case, besides getting familiar with the different court martial types, the minutiae of the process, and the potential punishments of an unfavorable decision, try to get to know as much as you can about the appellate process that might await you.

Summary court martial appeal

One thing worth noting at the very beginning is that the process of appealing the summary court martial on one hand, and general and special court martials on the other are two completely different matters. The process of appealing the decision reached at a summary court martial is a lot more straightforward that it is with the other two types of court martial.

When it comes to being convicted under Article 15, there is no automatic review. The defendant needs to file for an appeal in order to begin the process. You file an appeal up the chain of command, and usually a staff judge advocate’s office lawyer takes it under consideration, before sending it to a senior commander. It is up to this senior commander to confirm, reduce, or completely waive the proposed punishment.

If the decision remains, again, unfavorable for your case, you hold no right to appeal to different military courts of appeal. You can either request that the Judge Advocate General review the case, or submit an appeal to the Board of Correction for Military Records.

General and special court martial appeal

Unlike summary court martial, general and special court martial appeals function by the principle of automatic reviews, meaning that the individual who referred your case to a court martial in the first case is the person reviewing your conviction. That individual, also called “convening authority”, can choose to mitigate the sentence, i.e. reduce or dismiss the charges altogether.

In the case of the convening authority reaching a decision you deem unsuitable, you reserve the right to appeal to the military court of appeals designated for the branch of service you are a member of. Now, let’s get into the details of general and special court martial appeal process.

Right to legal representation

The most important thing is that, while appealing a decision made by summary or general court martial, you have the right to an attorney of your choosing. You can keep the legal services of a JAG attorney appointed by the military, or you can go outside the confines and hire an expert military criminal lawyer to further increase the strength of your appeal.

Different appeal courts in the military

When it comes to the court martial appeal process at one of the military courts of appeal, you have to be familiar with its different types, and know which one has jurisdiction over your case. There are four such courts in the military:

• Navy-Marine Corps Court of Criminal Appeals
• Coast Guard Court of Criminal Appeals
• Air Force Court of Criminal Appeals
• Army Court of Criminal Appeals

Depending on the severity of the alleged crime committed, and the sentence said crime entails, your case might be automatically reviewed by one of these appellate courts. Proposed punishments such as dishonorable discharge, one year’s confinement, officer dismissal, and death, get reviewed by one of the abovementioned courts automatically.

As for other decisions, the military appellate courts maintain discretion about wanting to take your appeal into consideration or not. One way to circumvent this is to tell your JAG lawyer to order a military court of appeals to hear your case out, but such instances rarely prove successful. Your last resort is Article 69, under which you possess the right to demand your case reviewed by the Judge Advocate General.

How court martial appeal courts actually review your case

Similar to all other appellate courts, the process of the court taking your appeal into consideration consists of many interrelated areas of inquiry. The first thing military courts of appeal will look into are any legal errors that might have occurred during the trial process.

Secondly, the court will carefully review your proposed punishment, evaluating its level, and deciding if it is adequate. Bear in mind that an appellate court can never increase your punishment, only reduce, dismiss, or uphold it.

Also, the court will investigate all the evidence presented against you in order to ascertain guilt beyond a reasonable doubt. If the appeal still remains unsuccessful, you can reach out to the Court of Appeals for the Armed Forces.

Court of Appeals for the Armed Forces process

When it comes to the scope of appeal consideration, this court is rather limited in scope. Barring appealing to the U.S. Supreme Court, which takes only a handful of cases every year, and is unsurprisingly difficult to reach, this military court of appeals is the final place to have your voice heard.

Its limitations reflect in the fact that this court can only investigate mistakes of procedure made by one of the military courts of appeal. It cannot look into the evidence, the trial process, or anything else that transpired before your submitting the appeal to one of the military appellate courts.

Petitioning for clemency

At any time, throughout the duration of the process of appealing, you can request for clemency, or lenience, as it is more commonly known. By upholding your petition for clemency, portions of your sentence, or the entirety of it, can be suspended.

The court martial appeal process is a difficult one, so better hire all the legal expertise you can

Everything even remotely touching upon the system of military justice is strenuous, time-consuming, and often one-sided. You can easily get lost in the nuances of military law, struggling to get your voice across and argue your case adequately. That is why experienced military lawyers are a prerequisite of a successful trial. And, there are no better civilian experts in military law than attorneys working in Monder Criminal Lawyer Group.

Vik Monder has assembled the top guns into one place, in order to provide the best defense to those who need it. If you want to make your case as strong as it can be, contact us for a free consultation today!

Monder Law Group - News

Understanding the Court Martial Process

It is never easy being faced with a court martial, even with the most experienced military criminal lawyer San Diego law offices have at your side. Court martial comes in different types, the appeals at a court martial are tricky, and the punishments a court martial can impose can be severe. To help you face this chapter of your life, here’s an in-depth look into the court martial process.

You are presented with your right to a legal counsel

The court martial process doesn’t not begin the moment you enter the courtroom, and stand in front of the judge. It actually begins long before. We have divided our overview of the process into two distinct categories – before the actual trial, and during.

The first pre-trial aspect of a court martial process consists of the defendant exercising his or her right to a legal counsel. By default, and depending on the severity of the alleged crime committed, you are appointed, or detailed, as they say in the military, a Judge Advocate, i.e. a member of the JAG corps.

The good thing is that you can, if you know of a good and experienced JAG attorney, request to be defended by that person. You do not necessarily have to remain out of the loop and settle for whichever counsel the military appoints.

Another way to approach this matter, and, most of the time, the correct way, is to break the confines of the military justice system and hire a civilian lawyer who has specialized in military law. Your civilian lawyer of choice can work alone, or alongside a JAG lawyer to further strengthen your case.

Determining the court martial level, reducing, or dismissing the charges

After you’ve made your choice of legal counsel for your case, you can move on to the next step of the pre-trial court martial process. There are several possibilities – if your preferred charges stand, the military will make the choice of one of three levels of court martial for you to stand before. The three types of court martial are summary, special, and general, and their choice depends on the alleged crime.

If the case is not as strong as the military thought, one of two options may occur – either the charges are going to be reduced, or the charges are going to be dismissed altogether. If the charges are reduced, the court martial process is greatly shortened, with the case being resolved under one of the punishments of Article 15. In case of full dismissal, the case stops before it even begins.

Article 32 hearing

Under Article 32 of the Uniform Code of Military Justice, you have the right to a probable cause proceeding before the court martial trial begins. You can choose to waive this right, but it is a bad idea to do so, as this is an opportunity for you to present evidence in favor of your case.

The task of the prosecutor during Article 32 hearing is to present evidence that support the court martial case, and to try and establish probable cause of you having committed the offense. However, the prosecutor also has to submit any existing evidence that favors your side of the case. And this is the main reason you should never skip this portion of the pre-trial court martial process.

We also advise you to participate actively in this hearing, as it will greatly improve your chances of coming out on top of your court martial case. The best course of action is to hire a civilian military attorney that will present evidence in your favor together with a JAG corps representative. Your team of lawyers will be better equipped to challenge evidence, cross-examine potential witnesses, and find witnesses of your own.

Pre-trial proceedings

Similar to civilian courts, pre-trial proceedings are also a vital part of the court martial process, and are also the final step before you actually step into the military courtroom. This is the stage of the process where both parties present witnesses and evidence to the court martial. Also, during pre-trial proceedings, the government, represented by the court martial, has to pay the costs of bringing witnesses, especially expert witnesses, to the trial. An important step, since expert witnesses are usually quite expensive.

Selecting the jury

Now, we move on the to section of the court martial process that concerns with the in-courtroom portion of it. The first matter on the agenda is selecting the jury that is going to preside over the court martial proceedings. The person who chooses the members is your commander. Commanders are supposed to interview the potential members of the jury in person before reaching a decision, but, in practice, it is the staff judge advocate who select the members of the court in their name.

The selected members have to still be allowed to become part of the jury. This is where both the prosecutor and your defense counsel ask questions in order to determine their viability for your case. This questioning occurs so as to determine whether or not the potential jurors can be objective and fair during the trial. And, all jurors are active military personnel, with your rank or higher.

Jury deliberation

After your case has been presented, after all the evidence and the witnesses, both in your favor and against are depleted, it is time for the deliberation of the jury. This is the part of the court martial process that effectively determines if you are found guilty or not.

The juror holding the highest rank is the foreman, or the president of the jury, but all the members have equal say during sentence deliberation. A majority of two-thirds is necessary in order for the court martial to pass a “guilty” sentence. However, should the jury not reach a unanimous decision, a hung jury usually ensues, leading to a second trial. The two-thirds majority doesn’t stand only in cases where a death sentence is in effect, where a unanimous decision is needed to pass a sentence.

Now that you know what the court martial process is like, it’s time to find adequate legal counsel

Regular trials, even those for minor offenses, are stressful enough. Now, imagine being faced with a military court, and all its specificities. Yes, it is daunting, and nerve-racking, and you need all the help you can get. Monder Criminal Lawyer Group has been founded with just those thoughts in mind – provide help to those who need it. Vik Monder is an incredible criminal lawyer, and he has surrounded himself with a team of the best civilian attorneys who specialize in military law. Your court martial case will be made a lot stronger with our help, so reach out today!