Best Military Law Lawyers in Henderson

About Military Law Law in Henderson, United States

Military law in the United States is primarily governed by federal statute and regulation - most importantly the Uniform Code of Military Justice, or UCMJ. For service members who live, train, or are stationed in Henderson, local and state laws also matter because jurisdiction and consequences often involve both military and civilian systems. Henderson is in Clark County, Nevada, so Nevada state law and Henderson municipal rules will affect interactions with civilian authorities, employment protections, family law matters, and local public benefits. This guide explains the main features of military law as it applies in Henderson, common situations that require legal help, local factors to watch, and practical next steps for finding assistance.

Why You May Need a Lawyer

Service members, veterans, reservists, and their families may need lawyers for many issues where military rules, federal protections, and local law intersect. Common situations include:

- Criminal allegations arising on base or off base that could lead to non-judicial punishment, courts-martial, or civilian criminal charges.

- Administrative actions such as administrative separations, disciplinary records, or fitness-for-duty reviews that affect career and benefits.

- Discharge upgrades and correction of military records to restore benefits, eligibility, or reputation.

- Family law matters - divorce, child custody, child support, and visitation - where deployments and military assignments complicate orders and enforcement.

- Employment issues including reinstatement under the Uniformed Services Employment and Reemployment Rights Act - USERRA - after military leave or mobilization.

- Housing and lease problems when military moves, deployments, or SCRA protections apply.

- VA benefits claims, appeals, and representation before the Board of Veterans Appeals.

- Advice when interacting with military legal offices, investigators, or civilian law enforcement so rights are protected and options understood.

Local Laws Overview

Understanding how Henderson and Nevada laws interact with military law is important. Key local aspects include:

- Civilian Jurisdiction versus Military Jurisdiction - Crimes committed on a federal military installation are generally subject to the UCMJ and military discipline. Crimes off base are typically handled by civilian police and Nevada courts, although the military may also take administrative or disciplinary action. Some offenses can result in parallel proceedings in both systems.

- Nevada Criminal and Traffic Law - State statutes govern most off-base criminal matters, traffic violations, and local ordinances in Henderson. Penalties from state conviction can affect security clearances, housing eligibility, and military career prospects.

- Employment and Reemployment Protections - Federal USERRA protects service members returning to civilian jobs after service. Nevada has additional worker protections and state employment offices that can help implement federal rights locally.

- Servicemembers Civil Relief Act - SCRA provides federal protections for leases, evictions, mortgage foreclosures, and certain civil proceedings while a member is on active duty. Local landlords and courts in Henderson must comply with SCRA protections.

- Family Law and Military Custody Issues - Nevada family courts handle custody and support. Military service, deployments, and relocation orders require careful documentation and sometimes use of motions or protective orders to address custody and visitation schedules.

- National Guard Status - If members of the Nevada National Guard are serving under state active duty, the governor and state law govern many issues. Once federalized, federal military law applies.

Frequently Asked Questions

What is the difference between military court-martial and civilian criminal court?

Court-martial is a military criminal trial under the UCMJ for service members. It follows military procedure and can impose military punishments such as confinement, reduction in rank, or a punitive discharge. Civilian courts prosecute under state or federal law and can impose fines, imprisonment, and other civil penalties. An incident can sometimes lead to both military and civilian proceedings.

Do I need a civilian lawyer if I have military defense counsel assigned?

Service members have a right to military defense counsel for courts-martial. You may also choose civilian counsel - often advised in complex cases, cases with civilian charges, or when you want additional advocacy. Civilian attorneys can work alongside military counsel or represent you in civilian courts and appeals.

Can a civilian be tried in military court?

Generally no. Military courts have jurisdiction over service members and certain persons subject to the UCMJ. Civilians are usually tried in state or federal civilian courts. Exceptions are limited and depend on status and location, for example persons accompanying the armed forces in contingency operations under special laws.

What is Article 15 and how does it affect me?

Article 15 permits commanders to impose non-judicial punishment for minor misconduct without a court-martial. It can result in reduction in rank, extra duties, restriction, or forfeiture of pay. Accepting Article 15 avoids a court-martial but may still impact career and records. You can consult an attorney before deciding whether to accept or demand trial by court-martial.

How do I challenge a discharge or seek an upgrade?

Discharge upgrades or corrections are handled by boards such as the Discharge Review Board or the Board for Correction of Military Records for federal branches. Process includes an application, supporting evidence, and often legal arguments showing inequity or error. Many applicants use counsel to prepare persuasive evidence and navigate deadlines.

What protections does SCRA provide while I am on active duty?

The Servicemembers Civil Relief Act can delay or stay civil proceedings, limit default judgments, reduce interest rates on pre-service obligations, and protect against eviction or foreclosure during active duty. To use SCRA protections, you must provide appropriate documentation of active duty status and follow procedural steps in the local court or with a landlord.

How does deployment affect child custody or family court orders in Henderson?

Deployment does not automatically change custody orders. Courts consider the best interest of the child and may modify orders for the duration of deployment, create special visitation arrangements, or allow temporary guardianship. Document orders and military orders and seek local legal help to file appropriate motions in Nevada family court.

What should I do if I am under investigation by military investigators or civilian police?

Invoke your right to remain silent and request to speak with a lawyer. For military investigations, request military counsel or retain civilian counsel. Avoid giving voluntary statements before consulting counsel, and preserve evidence and witnesses. Notify your command as appropriate while protecting legal rights.

How do USERRA rights work if I lose a civilian job because of service?

USERRA protects reemployment rights after military service. Notify your employer within required timeframes and provide documentation of service. If an employer fails to reinstate you or discriminates due to military service, you can file complaints with the U.S. Department of Labor or pursue private legal action. Nevada agencies and local veterans services can help you navigate the process.

Where can I get free or low-cost legal help in Henderson?

Active duty personnel can access legal assistance offices on or near military installations for many civil matters. Veterans may find help through local veterans service organizations, pro bono legal clinics, or Nevada legal aid organizations. For criminal or complex administrative matters, consider private attorneys with military law experience.

Additional Resources

Consider contacting or researching the following local and federal resources for more help or to locate legal representation:

- Base legal assistance offices for nearby military installations - JAG or Staff Judge Advocate offices for each branch

- Henderson Municipal Court and Clark County District Court for information on local procedures and filings

- Nevada Legal Aid organizations and local pro bono clinics

- U.S. Department of Veterans Affairs and local VA regional office for benefits, claims, and appeals

- Nevada Department of Veterans Services and Clark County Veteran Services

- U.S. Department of Labor - Veterans Employment and Training Service for USERRA guidance

- National and local chapters of Veterans Service Organizations - examples include American Legion, Veterans of Foreign Wars, Disabled American Veterans

- Board for Correction of Military Records and Discharge Review Boards for your branch

- Military OneSource and other DoD-provided help lines for general information and referrals

Next Steps

If you need legal assistance in military law matters in Henderson, follow these practical steps:

- Assess the immediate risk - If arrested or under investigation, prioritize safety and request counsel before any interviews.

- Gather documents - Collect orders, service records, incident reports, correspondence, pay records, medical records, and any court papers.

- Use military legal assistance when appropriate - For many civil matters and initial consultations, a JAG legal assistance office can provide guidance at no cost.

- Find experienced counsel for serious matters - For courts-martial, criminal charges, administrative separations, discharge upgrade petitions, or complex VA appeals, hire or consult an attorney with military law experience. Ask about experience in UCMJ cases, administrative boards, and federal benefits appeals.

- Understand timelines and deadlines - Military and civilian processes have strict timelines. Ask your attorney to identify mandatory deadlines and required filings.

- Protect your rights in writing - When invoking SCRA, USERRA, or other protections, provide required documentation and file written notices as needed.

- Keep a record - Maintain a secure folder with all documents, correspondence, and notes about conversations with investigators, commanders, and attorneys.

- Seek local support - Use Henderson and Clark County veterans resources, support groups, and family services to help manage logistics while legal issues are resolved.

If you are unsure where to start, contact the nearest military legal assistance office or a local attorney experienced in military law to get an initial evaluation of your situation and a recommended course of action.