When Do I Get a JAG Defense Lawyer If I’m Accused of a Military Crime?
If you’re a service member accused of a military crime under the UCMJ, one of the first questions you may ask is: “When will I be assigned a JAG defense attorney?” The short answer is: not right away. In most cases, you won’t receive a military-appointed defense lawyer until formal charges are filed or you’re officially notified of administrative action.
In the meantime, you may be under investigation by CID, NCIS, OSI, or CGIS without legal protection or guidance—while evidence is collected and statements are used against you. This delay can result in irreversible damage to your case.
Gonzalez & Waddington, Attorneys at Law is one of the most experienced military defense firms in the world. We’re often retained by clients during the earliest phases of the process—before charges are filed—to protect their rights, guide strategic decisions, and push back against biased investigations.
What most service members don’t realize:
- ❗ You are not guaranteed a JAG lawyer during the investigation phase.
- ❗ You must wait for formal notification of charges or legal proceedings to be assigned one.
- ❗ By then, investigators may already have damaging evidence or statements against you.
Why many accused service members choose to hire Gonzalez & Waddington early:
- ✅ We defend clients before, during, and after investigations—when your JAG hasn’t been assigned yet.
- ✅ We help you avoid self-incrimination and navigate interrogations, command interviews, and early misconduct allegations.
- ✅ We coordinate with JAG attorneys once assigned and lead the courtroom strategy from start to finish.
- ✅ We’ve represented thousands of service members facing sexual assault, drug, domestic violence, war crimes, and clearance-related accusations.
The earlier you hire legal defense, the stronger your position. If you’re being questioned, investigated, or suspect that charges may be coming—contact Gonzalez & Waddington today. We defend your future before the military can destroy it.
When Do I Get a JAG Defense Lawyer? – Frequently Asked Questions
When will the military assign me a JAG defense attorney?
You are typically assigned a JAG lawyer after you’ve been officially notified of criminal charges, or if you’re being processed for administrative separation. You won’t have a JAG during the initial investigation phase unless your command initiates formal action.
Can I talk to a JAG lawyer during an investigation?
Yes, you can speak to a legal assistance attorney or defense counsel if available—but they may not officially represent you until charges are filed. That’s why many service members retain civilian counsel early to avoid making mistakes during questioning or interviews.
What are the risks of waiting for a JAG lawyer?
By the time you’re assigned a JAG, CID or command investigators may have collected damaging statements, texts, social media evidence, or witness interviews that you could have preemptively countered with legal guidance. Waiting often weakens your defense options.
Can I hire a civilian military lawyer before I get a JAG?
Absolutely. In fact, this is when we do our most impactful work—when you’re under investigation but haven’t yet been charged. Civilian attorneys can advise you during questioning, draft proactive statements, and build a defense before the government finalizes its case.
Will my JAG and civilian lawyer work together?
Yes. Once a JAG is assigned, we coordinate with your military counsel, handle strategic trial elements, and provide an aggressive courtroom presence. Many of the best outcomes come when a JAG and a civilian defense lawyer work as a team.
Understanding When the Military Assigns a JAG Defense Lawyer
Many service members believe they’ll receive a free military attorney the moment they are accused of misconduct. In reality, a military JAG defense lawyer is usually assigned only after charges are formally preferred for court-martial or when a separation board is initiated. Prior to that, you may be left without dedicated defense counsel—even if you’re under investigation.
Why Access to JAG Defense Lawyers Is Limited
While service members technically have the right to consult with a JAG attorney if they are suspected of a crime or being advised of their rights, actual access is limited. Due to staff reductions and increased caseloads across all branches, JAG lawyers are often overworked and hard to reach. You may only get a brief consultation over the phone with basic advice like, “Don’t talk to investigators.”
Unfortunately, this minimal support does little to protect you from career-ending mistakes or build an effective defense strategy during the early phases of an investigation.
Why You May Need to Hire a Civilian Military Defense Attorney
If you’re serious about protecting your military career and reputation, it is critical to hire a civilian military defense lawyer early in the process. Civilian counsel can act immediately, handle communications with investigators and command, preserve key evidence, and begin constructing your defense before formal charges are filed.
Waiting for a free JAG assignment can cost you your future. A proactive legal strategy is often the key to avoiding charges altogether or successfully fighting back when the system is against you.
About Our Defense Team
Alexandra González-Waddington and Michael Waddington are nationally recognized experts in military defense law. They’ve represented hundreds of service members worldwide and authored several legal textbooks used by defense lawyers across the U.S. Their work focuses on trial strategy, cross-examination, and dismantling weak military prosecutions.
- Pattern Cross-Examination for Sexual Assault Cases
- Pattern Cross-Examination for DNA and Biological Evidence
- Pattern Cross-Examination of Expert Witnesses
These resources are trusted by criminal defense lawyers nationwide and reflect the real-world strategies we use in military courtrooms every day.
Get Legal Help Now
If you’re under investigation or expect UCMJ charges, do not wait for the system to assign you a lawyer. Contact a civilian defense team immediately.
Call 800-921-8607 to schedule a confidential consultation with an experienced military defense attorney.
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