Fort Bragg Criminal Defense Attorney
Experienced Military Defense Attorney in North Carolina
Fort Bragg Overview
Fort Bragg, originally established in 1918 as artillery training grounds, is a one of the largest military installations in the world and the largest U.S. Army base by population. Located just west of Fayetteville, North Carolina, a town recognized for its cultural diversity and strong military presence, the fort covers more than 250 square miles and spans across four counties. Nearly 550,000 active-duty soldiers are housed at Fort Bragg.
Fort Bragg is home to the nation’s finest fighting forces and as such, has been dubbed “Home of the Airborne and Special Operations Forces.” This is because it houses the United States Army’s XVIII Airborne Corps as well as the U.S. Army Special Operations Command headquarters.
In addition, Fort Bragg is also home to the 82nd Airborne Division, the U.S. Forces Command and Army Reserve Command, and the 1st Special Forces Command. There are two different airfields to be found at Fort Bragg: Pope Field and Simmons Army Airfield. From Pope Field, the Air Force stations global airlift, special operations assets, and the Air Force Combat Control School. The Simmons Army Airfield allows aviation units to support and assist in the needs of airborne and special operations forces on post.
The installation states its mission as maintaining America’s Contingency Corps as a “strategic crisis response force manned and trained to deploy rapidly by air, sea, and land anywhere in the world, in order to fight upon arrival and win.” Soldiers from Fort Bragg have taken part in every war since WWI with a large number of Fort Bragg units deployed in far corners of the world.
Fort Bragg Criminal Lawyer
Life in the military can be very challenging for service members. Military personnel often face more scrutiny and have harsher consequences than the average person on a daily basis. Service members are subject to serious punishment for what may seem like even the most minor violations. This is likely due to the ever-increasing focus on restoring the defense services’ image and maintaining its credibility as well as its respectability.
This is especially true for service members at Fort Bragg, as it is such a large and paramount military installation. That is why it’s important that as a service member, you seek a qualified Fort Bragg defense attorney if you find yourself in legal trouble. An attorney like Aden Wilkie, based just outside of Fort Bragg, offers unmatched legal representation for military members facing criminal charges.
Regardless of whether you’re accused of a relatively minor offense or a serious felony, a conviction may cost you your military career and a large chunk out of your future. It will likely also end up costing you a great deal of time and money and potentially land you in the brig. A permanent criminal record that comes from a military conviction could end up ruining your hard-earned reputation.
Additionally, you could lose eligibility for benefits such as:
- Disability compensation;
- Life insurance for survivors/dependents;
- GI bill;
- Pension for widow or children of fallen service members;
- Hospital care;
- Medical/dental care;
- Burial benefits;
- Special housing;
- Vocational rehabilitation; or
- Survivor educational assistance.
Fort Bragg Legal Assistance
Aden Wilkie provides legal guidance for military members facing any type of charge or otherwise requiring legal services. Whether you are facing a minor misconduct offense or are called to a court-martial trial, the Devil Dog Defender will meticulously and strategically craft your defense. Here are some of the areas of counsel our skilled Fort Bragg defense attorney provides:
Security clearance is a required designation for any government contractor or employee who performs work for the U.S. government that requires access to classified information. Those who are granted security clearance are an elite few that have earned the trust of the government. However, security clearances can be taken away at any time for a number of reasons. For example, you might have your security clearance taken away if you have too much debt, because you provided a false answer on your SF-86, you defaulted on your mortgage payments, or even due to traffic violations. Luckily, an experienced security clearance lawyer can help. Aden Wilkie, the Devil Dog Defender, works with military and civilian people to restore their security clearance. He can also provide counsel for those applying for security clearance.
Military members may be involuntarily separated from the military by administrative discharge. While the basis for administrative discharge varies between branches of service, the process is analogous in the civilian world to being fired. Due to the possible negative characterization of discharge associated with an involuntary separation, the Ad Sep process affords you much greater due process than many circumstances found in the civilian world. Aden Wilkie, a military attorney represents military members facing administrative discharge processing. As a military discharge upgrade attorney, he can also help you upgrade your discharge status.
Each branch of the military has a board that oversees the correction of service records. For example, you have the Air Force Board for Correction of Military Records, the Army Board for Correction of Military Records, the Board for Correction of Naval (Marine Corps) Records, and the Coast Guard Board for Correction of Military Records. Internal policies and procedures are relatively consistent across the Boards, and they exist to rectify any mistakes in a servicemember’s military records. When submitting a petition for record correction to any one of these boards, it can be extremely beneficial to have the experience and assistance of a qualified military record correction attorney on your side.
Adverse Administrative Action
While it may vary between each service branch, all have certain adverse administrative actions. A commander can take these actions against his subordinates for under performance on the job or minor misconduct that does not rise to the level of an Article 15 or a Summary Court-Martial. Alternatively, it may be something the commander wishes to address in a forum that is relatively quick and affords the recipient less ability to fight the issue or be entitled to any real due process.
That being said, in today’s military, even a General Officer Memorandum of Reprimand (GOMAR) in the Army or an adverse fitness report in any of the branches means your career is essentially over, or at the very least your chances to get promoted or reenlist are slim. So, even at this lower end of the spectrum of quasi-legal issues involving your command, it is critical to seek out assistance from an experienced civilian criminal defense attorney like Aden Wilkie.
The first and seemingly most simple rule for targets facing military investigation is simple: talk to a military defense lawyer immediately. Aden Wilkie offers consultations and you can rest assured knowing that as both a lawyer and an ex-service member, he genuinely has your best interest at heart. However, during the course of military investigations, the commanding officers or personnel make targets of investigations feel as if they’re doing something wrong if they choose to seek outside counsel. Don’t let this deter you; call Aden Wilkie today.
Military Drug Crime Defense
Drug crimes are extremely serious, especially for those who are in the military. The potential consequences that come with a military drug charge can cause a lot of stress and anxiety for military service members and their families. Drug offenses such as possessing, using, trafficking, selling, manufacturing, or distributing an illicit or controlled substance are punishable under federal law. A military drug crime attorney like Aden Wilkie can help alleviate the worry that surrounds a drug charge and can assist you with your case by offering dedicated legal representation and sound advice.
Military Hazing Defense
We all know that in order to serve your country in any branch of the military, you must meet high standards of physical fitness. Each branch of the military has an established formal, community-specific indoctrination process. Military members must meet standards of not only physical fitness, but also marksmanship, conduct, and competence in order to be accepted and retained. Servicemen and servicewomen must often undergo physically and mentally rigorous training, which is often difficult for new recruits. Sometimes in early training, the line between acceptable behavior and excessively punishing behavior such as hazing can occur. Even if you are innocent of any and all allegations, it is always best to get advice and make an informed decision before saying anything that could be used against you and your interests. If you’ve been accused of military hazing, call the Wilkie Law Firm ASAP.
UCMJ Article 134 Defense
The Uniform Code of Military Justice, or UCMJ, is a federal law enacted by Congress which defines the military criminal justice system. Article 134 of the UCMJ covers many crimes, including that of adultery, or extramarital sexual conduct, and fraternization in the military. More broadly, Article 134, known as the “General Article,” addresses a range of conduct that is prohibited for military members. Each crime alleged under Article 134 has the added burden of requiring the government to prove either the conduct was discrediting to the armed forces or detrimental to good order and discipline. Aden Wilkie’s experience and firsthand knowledge of UCMJ regulations make him the best Fort Bragg defense attorney available. He works tirelessly to defend military men and women against such charges.
UCMJ Failure to Report
There are serious repercussions for UCMJ failure to report, ranging from confinement to even the death penalty in some cases. There are three types of offenses that fall under the category of UCMJ failure to report. These are AWOL, missing movement, and desertion. If you’ve been accused of any of these crimes, you need military defense attorney Aden Wilkie on your side as soon as possible.
Article 15 Counseling
Your command is authorized to deal with minor violations or infractions of the UCMJ by offering you the opportunity to have a hearing pursuant to Article 15 of the UCMJ. When offered an Article 15 or NJP, you can either accept the action offered by your command or you have a right to turn down Article 15 and demand a court-martial trial. Regardless of your decision, it’s always best to speak to a civilian defense attorney for Article 15 counseling.
Counsel for Board of Inquiry Hearings
The Board of Inquiry is a panel of three officers of senior rank to the accused who hold a hearing, during which they take evidence and hear arguments. The required finding of the members at a board of inquiry is first to determine if by a preponderance (more likely than not) of the evidence the misconduct was committed by the “respondent.” The “respondent” is the term for the person facing elimination or separation. If the board concludes the respondent committed the misconduct, next the board must make a finding as to whether the misconduct warrants separation. If the board finds that elimination is warranted, then the board votes to determine the characterization of service. For your best bet at fighting elimination at a Board of Inquiry, get the Devil Dog Defender on your side today.
The Secretaries of the Military Departments may retire or discharge a service member who is found to be unfit for duty based on a disabling physical or mental condition. Medical discharge is given to military service members who acquire a medical condition that deems them no longer fit for duty. In the case that a military member becomes sick or injured, the obvious priority is to ensure that they receive the proper medical attention. However, what also must be considered is whether or not they can return to service in that state of being. Thus, physical or mental problems that are incompatible with military standards and interfere with duty for more than a year warrant the Medical Evaluation Board (MEB) to step in.
The MEB, composed of a team of active duty physicians, will review the clinical case file of the injured or ill service member. Using the formal medical standards that have been established for continued military service, the board will determine whether the service member should return to duty or be separated from the military. An experienced military medical discharge attorney can play an essential role in the medical discharge process by ensuring that you receive proper medical treatment and benefits, among other things. An attorney may be especially crucial in the case that you’ve been denied these benefits.
Court Martial Defense
Courts-martial are governed by a collection of rules including, but not limited to the following: the Uniform Code of Military Justice (UCMJ); the Rules for Court-Martial (RCM); the Military Rules of Evidence (MRE); the Constitution, applicable higher court rulings; and a number of service-specific regulations and other administrative guidance such as service/local Rules of Court. The court-martial process differs significantly from a civilian trial. For this reason, a Court-Martial lawyer representing a military member should have specific military experience. Your future, livelihood, reputation, and even freedom will depend on how well your Fort Bragg defense attorney represents you. If you’ve been notified that you are pending a Court-Martial, contact The Wilkie Law Firm as soon as possible.
Sexual Assault Defense
UCMJ article 120 identifies specific criminal offenses related to sexual assault. They include rape, sexual assault and sexual abuse. This applies to service members in the United States. It could include physical abuse or threatening abuse to another person. Specifically, abuse related to sexual contact, groping, or repeated unwanted sexual advances. Anyone who has faced charges under the UCMJ knows that it can be incredibly stressful. But don’t forget: these charges are often fraught with emotion and lacking logic. Do not give up. You can fight these charges with the help of an experienced Fort Bragg defense attorney.
Military Power of Attorney
It is not uncommon for members of the military to need power of attorney because of the nature of military duties. To hand off their responsibilities, they will need to properly sign over their affairs to a trusted representative. This could be their spouse, friend, sibling, or whoever they trust to have power over their legal and financial matters. Wilkie Law Firm is a skilled civilian military attorney with over 20 years of experience and is ready and willing to assist those interested in obtaining a Military Power of Attorney.
UCMJ Lawyer for Service Members
For a service member who has been charged with a crime, the risks are very high. Finding someone who recognizes the seriousness of the situation and can aggressively advocate for them is critical because their entire career and everything they’ve fought for are on the line. The offenses that UCMJ defense attorney Aden Wilkie defends include the following:
- UCMJ Article 31 – Self-Incrimination
- UCMJ Article 77 – Principals
- UCMJ Article 78 – Accessory after the fact
- UCMJ Article 79 – Conviction of offense charged, lesser included offenses, and attempts
- UCMJ Article 80 – Attempts
- UCMJ Article 81– Conspiracy
- UCMJ Article 82 – Soliciting commission of offenses
- UCMJ Article 83 – Malingering; fraudulent enlistment, appointment, or separation
- UCMJ Article 84 – Breach of medical quarantine
- UCMJ Article 85 – Desertion
- UCMJ Article 86 – Absence without leave
- UCMJ Article 87 – Missing movement; jumping from vessel
- UCMJ Article 87a – Resistance, flight, breach of arrest, escape
- UCMJ Article 87b – Offenses against correctional custody and restriction
- UCMJ Article 88 – Contempt toward officials
- UCMJ Article 89 – Disrespect toward superior commissioned officer; assault of superior commissioned officer
- UCMJ Article 90 – Willfully disobeying super commissioned officer
- UCMJ Article 91 – Insubordinate conduct towards warrant officer, noncommissioned officer, or petty officer
- UCMJ Article 92 – Failure to obey an order or regulation
- UCMJ Article 93 – Cruelty and maltreatment
- Article 93a – Prohibited activities with military recruit or trainee by person in position of special trust
- UCMJ Article 94 – Mutiny and sedition
- UCMJ Article 95 – Offenses by sentinel or lookout
- UCMJ Article 95a – Disrespect towards a sentinel or lookout
- UCMJ Article 96 – Release of prisoner without authority; drinking with prisoner
- UCMJ Article 97 – Unlawful detention
- UCMJ Article 98 – Misconduct as prisoner
- UCMJ Article 99 – Misbehavior before the enemy
- UCMJ Article 100 – Subordinate compelling surrender
- UCMJ Article 101 – Improper use of countersign
- UCMJ Article 102 – Forcing a safeguard
- UCMJ Article 103 – Spies
- UCMJ Article 103a – Espionage
- UCMJ Article 103b – Aiding the enemy
- UCMJ Article 104 – Public records offenses
- UCMJ Article 104a – Fraudulent enlistment, appointment, or separation
- UCMJ Article 104b – Unlawful enlistment, appointment, or separation
- UCMJ Article 105 – Forgery
- UCMJ Article 105a – False or unauthorized pass offenses
- UCMJ Article 106 – Impersonation of officer, noncommissioned officer, agent, or official
- UCMJ Article 106a – Wearing unauthorized insignia, badge, ribbon, device
- UCMJ Article 107 – False official statements; false swearing
- UCMJ Article 107a – Parole violation
- UCMJ Article 108 – United States military property – Loss, damage, destruction, or wrongful disposition
- UCMJ Article 108a – Captured or abandoned property
- UCMJ Article 109 – Property other than United States military property – Waste, spoilage, or destruction
- UCMJ Article 109a – Mail matter: wrongful taking, opening, etc.
- UCMJ Article 110 – Improper hazarding of vessel or aircraft
- UCMJ Article 111 – Leaving scene of vehicle accident
- UCMJ Article 112 – Drunkenness, disorderly conduct, and other incapacitation offenses
- UCMJ Article 112a – Wrongful use, simple possession, etc., of controlled substances
- UCMJ Article 113 – Drunken and reckless operation of a vehicle, aircraft, or vessel
- UCMJ Article 114 – Endangerment offenses
- UCMJ Article 115 – Communicating threats
- UCMJ Article 116 – Riot or breach of peace
- UCMJ Article 117 – Provoking speeches or gestures
- UCMJ Article 118 – Murder
- UCMJ Article 119 – Manslaughter
- UCMJ Article 119a – Death or injury of an unborn child
- UCMJ Article 119b – Child endangerment
- UCMJ Article 120 – Rape and sexual assault generally
- UCMJ Article 120a – Mail: deposit of obscene matter
- UCMJ Article 120b – Rape and sexual assault of a child
- UCMJ Article 120c – Other sexual misconduct
- UCMJ Article 121 – Larceny and wrongful appropriation
- UCMJ Article 121a – Fraudulent use of credit cards, debit cards, and other access devices
- UCMJ Article 121b – False pretenses to obtain services
- UCMJ Article 122 – Thefts of personal property; robbery
- UCMJ Article 122a – Receiving stolen property
- UCMJ Article 123 – Offenses concerning government computers
- UCMJ Article 123a – Making, drawing, or uttering check, draft, or order without sufficient funds
- UCMJ Article 124 – Frauds against the United States
- UCMJ Article 124a – Bribery
- UCMJ Article 124b – Graft
- UCMJ Article 125 – Kidnapping
- UCMJ Article 126 – Arson; burning property with intent to defraud
- UCMJ Article 127 – Extortion
- UCMJ Article 128 – Assault
- UCMJ Article 128a – Maiming
- UCMJ Article 128b – Domestic violence
- UCMJ Article 129 – Burglary; unlawful entry
- UCMJ Article 130 – Stalking
- UCMJ Article 131 – Perjury
- UCMJ Article 131a – Subornation of perjury (influencing or persuading another to commit perjury)
- UCMJ Article 131b – Obstructing justice
- UCMJ Article 131c – Misprision of a serious offense
- UCMJ Article 131d – Wrongful refusal to testify
- UCMJ Article 131e – Prevention of authorized seizure of property
- UCMJ Article 131f – Noncompliance with procedural rules
- UCMJ Article 131g – Wrongful interference with adverse administrative proceeding
- UCMJ Article 132 – Retaliation
- UCMJ Article 133 – Conduct unbecoming of an officer and gentlemen
- UCMJ Article 134 – General article
- Clause 1 Offenses: Disorders and neglects to the prejudice of good order and discipline in the armed forces.
- Clause 2 Offenses: Conduct of a nature to bring discredit upon the armed forces.
- Clause 3 Offenses: Noncapital crimes or offenses which violate federal law including law made applicable through the Federal Assimilative Crimes Act.
Why Choose a Civilian Military Defense Attorney?
When it comes to a complex military legal issue like an administrative separation hearing, a general officer reprimand, or the numerous rebuttals that might be connected with a misconduct charge, experience is essential. Those in this position need someone with plenty of legal and military experience dealing with matters like military investigations, Court-Martial defense, GOMOR rebuttals, administrative separations, and more.
Another huge advantage to obtaining civilian counsel is that they are not subject to threats or intimidation the way that military defense attorneys are. Things like the chain of command, ranking, and supervisory chain of responsibility have no influence or effect whatsoever on civilian counsel. This means there is nothing to distract or deter them from pursuing your best interests. For example, a defense attorney like Aden Wilkie is completely unconcerned about things such as an evaluation report or an opportunity for promotion. Unlike military-assigned counsel who must work under restraints by their chain of command, Aden does what is necessary to best represent the interests of his clients. There is no chain of command or other influencing factors at play when the Devil Dog Defender takes on your case.
A civilian criminal defense attorney who practices military law is a much better asset to your legal case than any government-appointed defense counsel would be. Even the most experienced government attorney has but a fraction of the skill and experience as a good civilian military attorney. In summary, hiring a civilian military defense lawyer can be the difference between losing your career and the benefits you’ve acquired or winning your case and saving your career and future. That’s why it’s so important for your future to make the decision to hire legal help outside of what the government offers to you.
Aden Wilkie, the Devil Dog Defender, provides superior Fort Bragg legal counsel to military service members. From administrative discharge and military investigations to Article 15 counseling and Court-Martial representation, Wilkie does all of these and more. Be sure to give him a call today.
Fort Bragg, NC Military Defense Attorney
Because military culture differs from that of civilian culture, especially in regards to the law, and because military proceedings at Fort Bragg often follow unique procedures, it is critical that service members who have been accused of any kind of misconduct seek skilled experienced legal counsel. Do not allow concerns such as a decrease in rank, the loss of future veteran benefits, or a less-than-honorable discharge to jeopardize your future. Instead, seek a skilled Fort Bragg military defense attorney who can help minimize the military and civilian repercussions of your case. At the Wilkie Law Firm, we have the experience you need to protect your rights and defend you against the most powerful military organization in the world.
Only a civilian lawyer like the Devil Dog Defender has the freedom of legal maneuver one does not when on active duty and wearing the same uniform as those responsible for bringing charges against you. He offers consultations and as both a lawyer and a former service member himself, you can rest easy knowing Wilkie genuinely has your best interest at heart. In addition to providing legal services to Fort Bragg, Wilkie also offers Camp Lejeune legal services as well as military defense at camps, bases, forts, and installments across the country. For a consultation on your case, call 910-333-9626 today or visit our website to learn more.