Best Military Law Lawyers in Colorado

About Military Law in Colorado, United States

Military Law refers to the body of laws, regulations, and legal principles governing members of the armed forces and, in certain circumstances, civilians and veterans. In Colorado, Military Law encompasses issues arising from federal statutes like the Uniform Code of Military Justice (UCMJ), as well as Colorado state statutes and National Guard regulations. The state is home to numerous military installations, including the United States Air Force Academy, Fort Carson, Peterson Space Force Base, and Buckley Space Force Base. Service members, veterans, and their families found in Colorado may face legal matters that intersect between civilian and military jurisdictions, making Military Law an important area for the community.

Why You May Need a Lawyer

People involved with the military in Colorado may need a lawyer for a range of situations unique to service members, veterans, and their families. Some common reasons include:

• Facing courts-martial or non-judicial punishment under the UCMJ
• Administrative separation proceedings or discharge upgrades
• Legal issues related to deployment, such as child custody and housing
• Appealing veteran's benefits decisions or handling military disability claims
• Concerns over discrimination, reemployment rights, or wrongful termination under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Defending against accusations that could affect security clearance
• Interactive issues between military and civilian law, such as DUI charges or family law matters involving active duty service members
• Handling matters of military estate planning or survivor benefits

Having legal representation ensures that your interests and rights are protected, given the complex intersection of military and civilian laws in Colorado.

Local Laws Overview

Colorado recognizes and supports the unique legal needs of its military personnel and veterans. Some state-specific legal areas of significance include:

• The Colorado Uniform Military and Overseas Voters Act provides voting protections and procedures for service members away on duty
• State laws provide special protections for military personnel related to child custody, such as addressing custodial arrangements during deployment
• Colorado courts recognize the federal Servicemembers Civil Relief Act (SCRA), providing active duty service members with protections against default judgments, eviction, foreclosure, and interest accrual on certain debts
• The Colorado National Guard, as a state military force, is subject to the Colorado Code of Military Justice, distinct from the federal UCMJ
• Veterans are eligible for certain Colorado-specific benefits, including property tax exemptions and educational assistance programs

Military Law in Colorado often requires navigating both state and federal regulations, making local legal guidance highly valuable.

Frequently Asked Questions

What is the difference between federal and state military law in Colorado?

Federal law, including the UCMJ, governs all United States Armed Forces members worldwide. State military law, such as the Colorado Code of Military Justice, applies to state military forces like the Colorado National Guard when not federally activated. Both sets of laws can impact military personnel differently depending on their status and location.

Can Colorado lawyers represent me in courts-martial?

Civilian lawyers licensed in Colorado can represent military members in courts-martial as civilian defense counsel, alongside assigned military defense attorneys. It is important to choose a lawyer experienced with military criminal law proceedings.

How does Colorado handle child custody during military deployments?

State law prohibits courts from permanently modifying custody or visitation solely due to deployment. Temporary arrangements can be made to accommodate military service, with prior custody orders generally reinstated upon return.

How does the Servicemembers Civil Relief Act (SCRA) protect me in Colorado?

The SCRA provides protections such as a stay on civil proceedings, reduced interest rates on certain loans, and protection from eviction or foreclosure while you are on active duty. Colorado courts must honor these federal protections.

What rights do I have regarding job reinstatement after military service?

Under USERRA, you are generally entitled to reemployment in your civilian job with the same pay, benefits, and status after returning from military duty. If you believe your employer has violated these protections, you may have legal remedies.

Can I upgrade my military discharge in Colorado?

You can apply for a review or upgrade of your military discharge status through the appropriate military Discharge Review Board or Board for Correction of Military Records, regardless of residency. Legal counsel can help present your case effectively.

Are military divorces different in Colorado?

Military divorces in Colorado involve special considerations, such as dividing military pensions, federal benefits, and addressing deployments. Service members may also benefit from certain legal protections during divorce proceedings.

How are criminal charges handled for service members in Colorado?

Depending on the nature of the offense and the individual's status, a service member may face civilian criminal courts, military courts-martial, or both under dual jurisdiction. Consultation with a lawyer familiar with both systems is essential.

What resources are available for veterans seeking benefits in Colorado?

Veterans can seek assistance from the Colorado Division of Veterans Affairs, Veterans Service Organizations, and accredited attorneys to navigate benefits applications, appeals, and legal matters related to disability, education, and more.

How can I protect my security clearance if I am facing legal trouble?

Legal issues such as debt, criminal charges, or certain behaviors may impact your eligibility for a security clearance. Consulting with a Military Law attorney early can help you devise strategies to minimize potential consequences.

Additional Resources

Consider reaching out to the following resources for further support and information related to Military Law in Colorado:

• Colorado Division of Veterans Affairs
• Judge Advocate General's (JAG) Legal Assistance Offices at major military installations
• Colorado Bar Association's Military and Veterans Affairs Section
• Local Veterans Service Organizations (VSOs) such as the American Legion and Veterans of Foreign Wars (VFW)
• Military OneSource for confidential legal consultations
• Federal agencies like the Department of Veterans Affairs (VA)

These organizations provide information, benefits guidance, and legal support, often at low or no cost to eligible military-connected individuals.

Next Steps

If you need legal assistance in the field of Military Law in Colorado, consider the following steps:

• Identify the nature of your legal concern - criminal charges, administrative actions, benefits, or family law matters
• Gather any relevant documents, such as military orders, discharge papers, correspondence, or legal notices
• Contact a qualified attorney experienced in Military Law, preferably one familiar with both Colorado state and federal military legal systems
• Utilize military installation legal assistance offices or consult the resources listed above if you need immediate guidance
• Ask about initial consultations and discuss any potential legal fees in advance

Taking prompt and informed action can help protect your rights, benefits, and future. Consulting with a knowledgeable Military Law attorney is the best way to ensure you properly address your legal issues in Colorado.