How is a Military Defense Lawyer Different from a Prosecutor in the JAG Corps?
In the
U.S. military justice system, two key roles are often confused:
military defense lawyers and prosecutors in the Judge Advocate General (JAG) Corps.
While both are trained in military law under the Uniform Code of Military Justice (UCMJ),
their duties, loyalties, and objectives are very different.
Military Defense Lawyers
- Mission: Protect the rights of the accused and fight for the best possible outcome.
- Client Loyalty: Their duty is to the service member they represent, not the chain of command.
- Approach: They investigate, file motions, cross-examine witnesses, and build a narrative for the defense.
- Scope: Handle trials, Article 15/NJP, administrative separation boards, and appeals.
Prosecutors in the JAG Corps
- Mission: Represent the U.S. government and seek convictions in court-martial cases.
- Client Loyalty: Their client is the command, not the accused service member.
- Resources: Work with military investigators such as CID, NCIS, OSI, and CGIS.
- Approach: They prepare and present cases against accused service members, often using government experts.
Why Civilian Defense Counsel Makes a Difference
Prosecutors benefit from the full weight of the military system.
Civilian defense counsel, such as Gonzalez & Waddington, bring independence, extensive trial experience, and additional resources to level the playing field.
They answer only to their client and have no obligations to the military chain of command.
Video: Defense vs. Prosecution in Military Court
Common Questions
Do prosecutors and defense lawyers get the same training?
Yes, both are trained in military law, but prosecutors represent the government while defense counsel fight for the accused.
Who decides if my case goes to trial?
Commanders, advised by prosecutors, decide whether charges are referred to a court-martial.
Are prosecutors influenced by the chain of command?
Yes. Prosecutors serve the command and represent the government’s interest, not yours.
Why do service members hire civilian defense lawyers?
Civilian lawyers provide independence, greater trial experience, and additional resources unavailable to appointed JAG counsel.
Why Gonzalez & Waddington
Our attorneys have defended service members worldwide for more than two decades.
We specialize in complex UCMJ cases, from sexual assault to homicide, and have been featured on 60 Minutes, CNN, and in the Academy Award-winning documentary
Taxi to the Dark Side.
We fight independently and aggressively to protect the rights of the accused.
Call: 1-800-921-8607 |
ucmjdefense.com
Talk to a Military Defense Lawyer
If you’re under investigation or facing trial, you need independent defense. Call 1-800-921-8607 or visit ucmjdefense.com.
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 situation.
