Military offenses have the potential to tarnish reputations and end careers. After serving your country, your benefits and livelihood are at risk when facing a military crime. All service members must adhere to the Uniform Code of Military Justice (UCMJ).
If you are a member of the armed forces in need of a Rhode Island military defense lawyer, our legal team is here to help. As a Rhode Island and MA military defense lawyer, John L. Calcagni III can help military personnel with court-martial defense, criminal appeals, veteran’s court defense, post-trial clemency petitions, and much more. See all of our legal team’s military defense services below.
A court-martial trial is run similar to a civilian criminal prosecution, and as such you need proper representation. With experience serving as a military prosecutor, attorney John L. Calcagni can provide the high level of representation you need. More about Court-Martial Defense.
Military Criminal Appeals
Military criminal appeals are very different from civilian suits. Having the assistance of a skilled and experienced attorney that understands military judicial procedures is vital for proper and fair representation. More About Military Criminal Appeals.
Post-Trial Clemency Petitions
A Post-trial clemency petition is the last chance to seek reconsideration of a guilty verdict. Clemency requests need to be carefully prepared and handled by a skilled defense lawyer to increase the likelihood of success. More about Post-Trial Clemency Petitions.
Article 32 Pretrial Investigations
Article 32 pretrial investigations give the accused a chance to challenge the supporting evidence being presented against them. It’s a complicated process with several stages to follow if you’re going to maximize the probability of success. More About Article 32 Pretrial Investigations
A criminal investigation is the start of someone being investigated concerning a crime. Retaining an attorney before answering any questions is vital at this stage to clear all suspicion before the investigation starts to gain momentum. More About Criminal Investigations.
Administrative Separation Actions
When facing administrative separation from the military, you require experienced representation to ensure you’re fully discharged and with the proper characterization. More About Administrative Separation Actions.
Officer Elimination Actions
Officer elimination actions are the actions that military officers face when being involuntarily separated from service. There are several choices to navigate and present to a board of inquiry. More About Officer Elimination Actions.
Show Cause Boards or Boards of Inquiry
When an officer is facing separation from the military due to misconduct, he or she may face either a Show Cause Boards, or the Boards of Inquiry. Attorney representation is required to fulfill the legal requirements of these boards properly.
Veteran’s Court Defense
Veteran’s Court is a court designed to deal with military veterans, and as such has some particular requirements and procedures that are different from the regular military court. More About Veteran’s Court Defense.
Non-Judicial Punishment (Article 15, UCMJ or Captains Mast)
Although non-punitive in nature, Article 15 allows an officer to defend his or her position and present evidence to a commanding officer before going to a court-martial. More About Non-Judicial Punishment (Article 15, UCMJ or Captains Mast)
Memorandum of Reprimand
A Memorandum of Reprimand, or General Officer Memorandum of Reprimand (GOMOR), is a written warning to a soldier from his or her General Officer. By using the services of an attorney, they can ensure the memorandum is filed correctly to minimize the impact on their career. More About Memorandum of Reprimand.
ROTC disenrollment is a severe and potentially costly legal issue to face. Disenrollment means a cadet will likely have to pay back thousands in benefits and scholarship funds, which may have a damaging effect on their future career path. More About ROTC Disenrollment.
Being a cadet facing charges or damaging accusations can be a daunting position in which to find yourself. You should always obtain the correct legal representation to ensure a fair and right outcome. More About Cadet Misconduct.
Discharge Review Board Petitions
If you find yourself in need of changing, correcting, or modifying your discharge or dismissal, there are some complicated legal hoops to go through to ensure this happens. An experienced attorney can handle these steps for you.
Board of Corrections of Military Records (BCMR) Petitions
The Board of Corrections of Military Records is the highest level of administrative review within the army. There are strict guidelines and procedures to follow if you want to make a successful change to your records. More About Board of Corrections of Military Records (BCMR) Petitions.
Military Separation Under the QMP
The Qualitative Management Program (QMP) is designed to improve the overall quality of enlisted soldiers by thinning out underperforming soldiers and retaining the best performing soldiers. If you receive notice of separation from the QMP, you still have hope of maintaining your position with proper representation. More About Military Separation Under the QMP.
Military Defense Case Results
Investigation of Army Officer for Indecent Conduct: No Criminal Charges
A Major in the U.S. Army fell under investigation by the Army Criminal Investigations Division (CID) for allegations of indecent assault and/or conduct by the Officer while mobilized on active duty. Apparently, a junior female enlisted Soldier made allegations of the Field Grade Officer that involved inappropriate language, indecently exposed himself to her, and possible inappropriate touching. Once CID called the Major in for an interview, he invoked his rights to counsel and to remain silent in accordance with Article 31 (b), Uniform Code of Military Justice, and immediately retained Civilian Defense Counsel, John L. Calcagni III, to defend him in this matter. Attorney Calcagni sent a notice of representation letter to CID and precluded them from any further access to his client. Based upon Attorney Calcagni’s additional efforts and strategic decisions, the Army closed out its investigation without any adverse findings of misconduct against the Officer. The Major was not charged or titled with a criminal offense and this event will have no adverse impact to his future military career.
Consult with a Military Defense Lawyer Today
Armed Forces personnel must adhere to different laws than civilians. As such, a military defense lawyer can help with a variety of adverse situations.
If you are a member of any of the armed forces in Rhode Island or Massachusetts in need of a defense lawyer, the team at the Law Office of John L. Calcagani III is standing by and ready to serve. Regardless of the military branch in which you serve, as a member of our country’s armed forces, you deserve fair representation. Call (401) 351-5100 for a free consultation today, and learn more about how we can defend your case.