If the military is attempting to involuntarily terminate your service, you have the right to a discharge hearing. This is an administrative process that’s seen as less serious than a court-martial, but it’s important to handle it properly. It can impact your service and future benefits.
It’s best to hire a lawyer familiar with the military to contest the allegations through a discharge hearing. Michael Fayard understands how to gather and present evidence through written or oral arguments. In some cases, you’ll argue your case through written documents only.
If your command is attempting to discharge you under Other Than Honorable conditions, you’re entitled to an in-person hearing. You also may be entitled to a hearing based on your rank or years of service. Attorney Fayard is familiar with how these administrative proceedings go. He knows how to work within the board’s procedures and how to put forth a compelling argument. Depending on your goals, he can fight for you to remain in the military or to receive a better discharge status.
If you’re facing accusations or charges for criminal conduct, the best way to defend yourself is to hire a court-martial lawyer. You may be required to appear before a court-martial. This is not a civilian court. It has its own unique rules and procedures. You’ll also face military punishments, not civil penalties. You need an attorney like Michael Fayard, who’s knowledgeable and experienced with military criminal law, to represent you.
Attorney Fayard can represent you in any courts-martial, whether it is a summary, special, or general proceeding. A summary court-martial is used for minor issues of misconduct and offers a simpler process. A special court-martial is for moderate or intermediate-level offenses. A general court-martial is for the most serious offenses.
Depending on the severity of the accusations, you could be looking at any number of penalties, including demotions, loss of pay, loss of benefits, discharge, and imprisonment. But by working with a military defense lawyer, you put yourself in a better position to avoid charges, a conviction, or severe penalties.
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
You might find yourself in hot water for conduct unbecoming of your rank, otherwise known as officer misconduct. This term covers a wide range of behavior, from drug use and intoxication to serious crimes. The allegations might be dealt with in a discharge hearing or a court-martial. In either situation, you should have an experienced military trial attorney to represent you.
Article 15 is unique in that it doesn’t create criminal charges. Instead, commanders use it to enforce a punishment when it’s clear you committed an infraction of the UCMJ. In the Army and Air Force, there must be no reasonable doubt that you committed the infraction. In the Navy or Marines, there must be clear and convincing evidence you committed the infraction. If you’re facing disciplinary action under Article 15, call attorney Fayard right away. You have the right to refuse an Article 15 punishment and request a hearing.
Article 134 of the UCMJ outlines offenses that violate federal law or are considered poor conduct for military personnel. It’s a catch-all provision and includes 54 offenses, like burglary, assault, bribery, prostitution, and adultery. The consequences of these offenses can be severe. You could be demoted, imprisoned, or receive a dishonorable discharge.
Article 111 of the UCMJ covers operating a car, boat, or airplane while intoxicated. There are severe penalties for a military DUI. You also can face consequences if you were arrested off base and charged with a civilian DUI. If you’re found driving drunk on base, you can face military criminal charges and a court-martial. By hiring Michael Fayard, you have an attorney who can represent you in all directions. He can handle Hawaii DUI charges and the related military proceedings.
Article 128 of the UCMJ outlines the penalties for assault crimes, which constitute causing another individual bodily harm through violence or force. The penalties depend on the level of the assault offense, but they include confinement, pay forfeiture, and in some cases, dishonorable discharge. Make sure to call Michael Fayard to defend against military assault charges.
Article 120 of the UCMJ outlines the penalties for acts of sexual misconduct, such as indecent exposure, abusive sexual conduct with a child, aggravated sexual conduct, aggravated sexual assault, and rape. You should contact attorney Fayard to discuss how to defend yourself against sex crime allegations in military proceedings. The minimum sentence for a sex offense is 15 years in prison. If convicted, you lose your position, pay, and benefits.
- Cliff T
It’s possible to have your discharge status changed with the help of an experienced military lawyer in Hawaii. If your discharge status is causing you embarrassment or impacting your benefits, Michael Fayard is here to help you apply to your branch’s Discharge Review Board. The forms and process may differ depending on how long ago your discharge was.
The DRB might decide without a hearing. But if the board denies your request, you can ask for a hearing. At the hearing, your military discharge upgrade attorney will present evidence that supports your case. You can choose to testify, but that’s not always necessary. The panel will vote on whether to grant you a discharge upgrade. You need a majority to agree.
If you were convicted of a crime and are serving time in prison, talk with attorney Fayard about requesting clemency. It may be possible to have your sentence reduced or put to an end.
The clemency process isn’t easy. You’ll have to send a request to the Governor of Hawaii or the U.S. Department of Justice. Your request for clemency needs certain basic information, as well as information about your circumstances and behavior since the conviction. Attorney Fayard will help you present a compelling argument for clemency.
Michael Fayard is here to help you right now. You can’t afford not to take allegations of misconduct or a crime seriously. You need to act immediately to protect your career and avoid confinement, discharge, loss of pay, loss of benefits, and other penalties. All you have to do is use the online contact form or call 808-445-6708 to schedule your free consultation.