Do Service Members Have the Right to a Free Lawyer in All Cases?
Service members are entitled to a free military defense lawyer (JAG counsel)
if they face a court-martial under the UCMJ.
However, this right does not extend to all situations. JAG defense lawyers are appointed for courts-martial and some administrative proceedings,
but not for every military action you may face.
When You Are Entitled to a Free Lawyer
- Court-martials: Summary, Special, and General courts-martial all guarantee free defense counsel.
- Article 32 preliminary hearing: You are entitled to counsel during the Article 32 investigation of serious charges.
- Administrative separation boards (in some cases): Enlisted members with 6+ years of service or facing an Other Than Honorable discharge are entitled to appointed JAG defense counsel.
- Officer Boards of Inquiry: Officers facing elimination boards may be detailed a military lawyer.
When You Are Not Entitled to a Free Lawyer
- Non-judicial punishment (NJP/Article 15): You can consult a lawyer but are not entitled to detailed JAG counsel at the hearing itself.
- Command investigations: You may retain a civilian lawyer, but you will not automatically be appointed a JAG during the investigation phase.
- Security clearance issues: No free JAG counsel is appointed; you must hire civilian representation if needed.
- Reprimands (GOMORs/LORs): You are not entitled to detailed defense counsel for rebuttals, though JAG legal assistance may review documents.
Why Many Service Members Hire Civilian Counsel
Even when free JAG representation is provided, service members often retain civilian military defense lawyers
for independence, more trial experience, and additional resources. Civilian counsel can also step in when free representation is not available,
such as during command investigations, NJPs, or clearance matters.
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Common Questions
Do I get a free lawyer at NJP?
No. You are not assigned a defense lawyer, but you can consult with one before deciding whether to accept NJP or demand trial.
Can I get a free lawyer for a GOMOR?
No. You are not entitled to detailed defense counsel, though legal assistance may help review your rebuttal.
Do officers get free counsel at BOIs?
Yes. Officers facing elimination may be detailed a JAG defense counsel, though many also retain civilian attorneys.
Can I always add a civilian lawyer?
Yes. Regardless of entitlement, you can hire a civilian military defense lawyer at any stage of the process.
Why Gonzalez & Waddington
We represent service members in both courts-martial and administrative proceedings where free JAGs may not be available.
Our team brings independence, global trial experience, and proven results to protect military careers in all stages of the process.
Call: 1-800-921-8607 |
ucmjdefense.com
Talk to a Military Defense Lawyer
If you are unsure whether you’re entitled to free representation, call 1-800-921-8607 today to discuss your case.
Disclaimer
This information is provided for educational purposes only. It does not create an attorney–client relationship. Past results do not guarantee future outcomes. Always consult an attorney about your unique case.
