Best Military Law Lawyers in Boston

About Military Law in Boston, United States

Military Law governs the conduct of service members in the United States Armed Forces. In Boston, as part of Massachusetts, Military Law applies to those serving in various branches while stationed at installations like Hanscom Air Force Base or the U.S. Coast Guard in Boston Harbor. Military Law encompasses a wide range of issues, from the Uniform Code of Military Justice (UCMJ) to veterans' benefits and service-related legal matters. It is designed to maintain discipline and order within the military ranks while also protecting the rights of those who serve.

Why You May Need a Lawyer

Individuals involved in military life might need legal advice for several reasons, including but not limited to:

• Facing court-martial or non-judicial punishment under the UCMJ
• Seeking advice on administrative separation, discharge upgrades, or issues related to military records
• Dealing with military family law issues, such as divorce or child custody for military families
• Pursuing claims for veterans' benefits or disputing VA decisions
• Handling issues of military sexual trauma or discrimination

Having an experienced military law attorney can be crucial to navigating these complex legal challenges.

Local Laws Overview

While Military Law is federally regulated, there are local laws and policies in Boston and Massachusetts that also impact service members. It is essential for military personnel to understand state laws on areas such as residency and taxation, which may differ for active-duty members. Additionally, Massachusetts provides specific employment return rights and protections for military spouses in areas like professional licensing and unemployment benefits, which can affect career transitions for military families.

Frequently Asked Questions

What is the Uniform Code of Military Justice (UCMJ)?

The UCMJ is the foundation of Military Law in the United States and outlines criminal offenses, procedures, and punishments for military personnel. It is a federal law enacted by Congress.

Can a civilian lawyer represent me in a military case?

Yes, civilians, including lawyers not in the military, can represent individuals in military legal matters. However, these lawyers should have specific experience in Military Law.

How does a court-martial differ from a civilian court proceeding?

Court-martials are military courts designed to prosecute UCMJ violations. They differ in procedure and authority from civilian courts and handle cases exclusive to military offenses.

What are my rights regarding legal representation in the military?

Military personnel have the right to an appointed military defense attorney at no cost, or they can choose to hire a civilian military law attorney at their own expense.

What options do I have if I disagree with a VA decision on my benefits?

You can file an appeal with the Board of Veterans’ Appeals if you disagree with the decision on your veterans' benefits. Legal assistance is recommended to navigate this process effectively.

How can I address an issue of discrimination or harassment within the military?

Service members experiencing discrimination or harassment can report these issues through their chain of command or via military equal opportunity representatives. Legal guidance can help advocate for your rights.

What steps should I take to upgrade a less than honorable discharge?

To upgrade a military discharge, you must apply to the Discharge Review Board. Legal counsel can assist by providing evidence and information supporting the upgrade request.

Are there specific laws protecting my job if I'm deployed?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' civil employment rights, ensuring job security post-deployment.

What should I know about child custody arrangements as a service member?

Service members should be aware that custody arrangements must account for deployments and relocations. Courts will also consider military service in the best interest of the child.

How are military divorce proceedings handled differently?'

The Servicemembers Civil Relief Act (SCRA) may affect divorce proceedings, as it provides certain protections to active duty service members. Legal advice is crucial for navigating military-specific legal considerations.

Additional Resources

Individuals seeking legal guidance in Military Law in Boston may find the following organizations and resources beneficial:

• Massachusetts Department of Veterans' Services
• The Veterans Legal Services organization in Boston
• The U.S. Army Legal Assistance office at Fort Devens
• The National Veterans Legal Services Program (NVLSP)

Next Steps

If you need legal assistance in Military Law, consider these steps:

1. Identify your legal issue and gather relevant documents.
2. Research and contact military law attorneys in Boston to discuss your case.
3. Consult with the legal assistance office on your installation to understand available support.
4. Contact veterans’ organizations for guidance and support.
5. Attend initial consultations and choose an attorney with experience in both military and local Massachusetts laws applicable to your case.