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Do I Get a Free Military Lawyer if I’m Facing a Court-Martial?

Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that has defended service members at courts-martial and in UCMJ matters worldwide for more than two decades.

Yes. If you are facing a court-martial under the

Uniform Code of Military Justice (UCMJ), you are entitled to a free military defense lawyer, also known as a
JAG defense counsel. This right is guaranteed regardless of the severity of your charges.
However, these lawyers are assigned by the military—not chosen by you—and may face significant constraints that affect your defense.

The Role of a Free Military Lawyer

  • Assigned to you once charges are preferred or referred to a court-martial.
  • Licensed attorneys trained in military law and procedures.
  • Represent you during trial, pretrial motions, and sentencing.
  • Provide advice on plea negotiations and trial strategy.

While JAG counsel are competent and dedicated, they often juggle multiple cases at once, limiting the time they can devote to a single service member’s defense.

Video: How Do You Pay for a Civilian Military Defense Lawyer? Free Military Lawyer vs Private Counsel (0:51) — watch on YouTube

Limits of Free Military Counsel

  • Heavy caseloads: A single JAG lawyer may be defending several service members simultaneously.
  • Limited trial experience: Many JAGs rotate out of defense assignments after a few years.
  • No choice of attorney: You cannot select your assigned JAG; the military decides.
  • Resource constraints: Access to experts or investigators must go through the chain of command.

The Civilian Counsel Option

Service members often supplement their free JAG lawyer with an independent civilian military defense lawyer.
Civilian attorneys, like Gonzalez & Waddington, provide independence, broader trial experience, and additional resources.
You can keep your JAG as co-counsel while adding a civilian lawyer to strengthen your team.

Do I Get a Free Military Lawyer if I’m Facing a Court-Martial? Court-martial attorneys

Common Questions

Can I keep both my JAG and a civilian lawyer?

Yes. You can keep your free JAG as co-counsel and add civilian counsel of your choice.

Does hiring a civilian lawyer make me look guilty?

No. It signals that you are taking your defense seriously. Prosecutors often prepare more carefully when civilian counsel is involved.

What if I cannot afford a civilian lawyer?

You will always have a free JAG defense counsel. Civilian representation is optional but can be critical in serious cases.

Why Gonzalez & Waddington

Our civilian military defense attorneys have defended service members in high-stakes UCMJ cases worldwide for over 20 years.
We are known for aggressive courtroom advocacy, strategic use of experts, and independence from the military chain of command.
If your career, freedom, and benefits are at risk, adding a seasoned civilian lawyer can make the difference.

Call: 1-800-921-8607 |
ucmjdefense.com

Talk to a Military Defense Lawyer

If you are facing a court-martial, don’t go it alone. Call 1-800-921-8607 or visit ucmjdefense.com today.

Disclaimer

This page is for educational purposes only and does not create an attorney–client relationship. Past results do not guarantee future outcomes. Always consult with an attorney about your specific case.

Video transcript

Transcript of the video “How Do You Pay for a Civilian Military Defense Lawyer? Free Military Lawyer vs Private Counsel,” from Gonzalez & Waddington.

Read the full transcript of this video

So now let’s talk about money. This is a conversation that people don’t want to have. And the question is this, how do people afford to pay you? How do you pay for a civilian military defense counsel? Your husband does get a free military defense lawyer.

In the army it’s called TDS, Air Force it’s the ADC, Navy Marine Corps and the Coast Guard they call them DSOs. These are real attorneys. Some of them are good, almost all of them are very inexperienced. They have good intentions, they just don’t have decades of experience and that matters. Also, you often don’t get to choose which one of them is representing you.

So you could be assigned someone fresh out of law school with no experience or you could get someone who has a year or two of experience. They also very heavy caseloads, sometimes doing 20-30 cases a year, flying over the country and they don’t have the resources to devote to your case.

Do I Get a Free Military Lawyer if I’m Facing a Court-Martial? court-martial attorneys

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