Lawyer for Military Pretrial Confinement

When someone is placed under arrest and charged with a crime, Constitutional rights are in place to ensure they are not left stagnant in a jail cell and awaiting trial for an unreasonably long period of time. A commander can place a military service member in pretrial confinement with as little as a written memorandum, often for months until the day a trial starts. During this time, the confined service member is given little to no information about what is happening with their case.

Joe is a military criminal defense attorney who fights for service members who are wrongfully confined, before a military trial or a military court-martial. If you or a loved one have been kept in military pretrial confinement and felt your rights have been infringed, please do not hesitate to contact us to discuss your options.

KNOW YOUR RIGHTS

Our military criminal defense lawyer can challenge the government’s grounds for confinement, learn about evidence in the government’s possession, and ensure that you get full credit for every day you may have been placed in pretrial confinement, or in conditions similar to confinement.

The burden is on the command to show probable cause that a service member committed offenses that can be penalized by confinement and other consequences. The command must also show through probable cause that lesser forms of restraint were ineffective, or that a lack of confinement would create a risk of serious future misconduct. If the Government has not met its burden of proof on all of the required prongs, a service member cannot be placed in pre-trial confinement.

Make sure you have representation that can fight for you at all stages and at every turn. Contact Owens Law, LLC to get insightful and experience military lawyer on your side.