Can My Command Stop Me from Hiring a Civilian Military Defense Lawyer?
No. Your right to hire a civilian military defense lawyer is protected under the
Uniform Code of Military Justice (UCMJ).
Neither your commander nor any other military authority can prevent you from retaining civilian counsel at your own expense.
This right applies at every stage of the military justice process, including investigations, Article 32 hearings, courts-martial, and administrative boards.
Limits on Command Authority
- No interference: Command cannot deny your right to civilian representation.
- No retaliation: It is unlawful for a commander to retaliate against a service member for hiring civilian counsel.
- Procedural coordination: While civilian lawyers must coordinate with the court and military system, they have the same standing in court as JAG defense counsel.
When Civilian Counsel Is Especially Important
- High-stakes charges: Sexual assault, homicide, drug distribution, and major fraud.
- Administrative actions: Separation boards, Boards of Inquiry, GOMORs, and LORs.
- Investigations: During CID, OSI, or NCIS questioning where rights can be compromised without counsel present.
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Common Questions
Will my command know I hired a civilian lawyer?
Yes. Your civilian lawyer will notify the command and prosecutors, but this is normal and protected.
Can hiring a civilian lawyer hurt my case?
No. Prosecutors often prepare more carefully when civilian defense counsel are involved.
Will I still have a JAG if I hire a civilian lawyer?
Yes. You always keep your detailed JAG as co-counsel unless you choose otherwise.
Can my command delay my trial if I hire civilian counsel?
No. Civilian counsel work within the court’s schedule, and hiring them does not delay your case.
Why Gonzalez & Waddington
For over two decades, we’ve defended service members worldwide in the most serious cases, often against determined commands.
We bring independence, credibility, and courtroom experience to ensure your rights are fully protected, no matter the pressure from your chain of command.
Call: 1-800-921-8607 |
ucmjdefense.com
Talk to a Military Defense Lawyer
If you’re under investigation or facing trial, don’t let command pressure intimidate you. Call 1-800-921-8607 today.
Disclaimer
This page is for educational purposes and does not create an attorney–client relationship. Past results do not guarantee future outcomes. Always consult an attorney about your specific case.
