Best Military Law Lawyers in Lake Oswego

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Founded in 1998
6 people in their team
English
Herron Law Firm, based in Portland and led by Bart Herron and Olga Herron, specializes in serious personal injury representation for injured Oregonians. The firm has earned recognition as one of the Top 100 National Lawyers and one of the Top 25 Brain Injury Trial Lawyers, reflecting a track record...
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1. About Military Law in Lake Oswego, United States

Military Law in the United States is primarily grounded in federal statute and regulations. The Uniform Code of Military Justice (UCMJ) governs criminal offenses by service members, wherever they are stationed, including Lake Oswego residents who are active duty, in the Oregon National Guard, or in the Reserves. Civil matters involving service members may intersect with federal protections and civilian court processes.

Alongside criminal justice, servicemembers and their families rely on protections under the Servicemembers Civil Relief Act (SCRA), which shields them from certain civil actions and obligations during active duty deployments. Lake Oswego families often navigate a mix of military and civilian processes for benefits, housing, and family law issues.

The Uniform Code of Military Justice applies to all active duty personnel and certain National Guard and Reserve members, wherever they are stationed.

Source: UCMJ - 10 U.S.C. § 801 et seq. Official text available at govinfo.gov

2. Why You May Need a Lawyer

  • You are an active duty service member in Lake Oswego facing a court-martial or non-judicial punishment (Article 15) and need a defense attorney with UCMJ experience to protect your rights and coordinate with civilian counsel if needed.
  • You are a National Guard or Reserve member deployed or activated and handling a civilian divorce or child custody case in Oregon; you require counsel to coordinate military protections with state family law and court deadlines.
  • You are involved in a civil lawsuit or a mortgage or lease matter while deployed; you need counsel to apply SCRA protections such as stay of proceedings or interest rate relief.
  • You seek a discharge upgrade, character of service review, or veteran benefits adjustment; you need an attorney to assemble records and present evidence to the appropriate federal board or agency.
  • You face a civilian criminal charge that could impact your military duties or security clearance; you need a lawyer who understands both military and civilian legal standards.
  • You are a service member or dependent in Lake Oswego seeking housing stability during deployment, including eviction protections or lease extensions under SCRA or related protections; you need specialized guidance.

3. Local Laws Overview

The core framework for military justice in Lake Oswego relies on federal law, with Oregon service members also interacting with state resources for benefits and support. The following two items are central to understanding this landscape for Lake Oswego residents:

  • Uniform Code of Military Justice (UCMJ) - Federal law governing criminal discipline for service members. It applies to active duty personnel and certain National Guard and Reserve members, regardless of location. 10 U.S.C. § 801 et seq. provides the statutory structure for offenses, procedures, and punishments. UCMJ text.
  • Servicemembers Civil Relief Act (SCRA) - Federal protections that help service members manage civil obligations during deployments and other military service. 50 U.S.C. App. § 501 et seq. outlines relief such as stay of civil court actions and interest rate caps on certain loans. SCRA text.
  • Oregon state resources for veterans and service members - While not a military code, Oregon agencies provide critical support to Lake Oswego families. The Oregon National Guard coordinates state and community readiness, while the Oregon Department of Veterans Affairs offers claims assistance and benefits guidance for veterans in Oregon. Oregon National Guard; Oregon Department of Veterans Affairs.

Recent developments in military law occur through updates to the UCMJ and adjustments to SCRA protections, reflecting ongoing legislative and DoD policy changes.

Sources: UCMJ text and SCRA text cited above; Oregon National Guard and ODVA pages for state resources.

4. Frequently Asked Questions

What is the Uniform Code of Military Justice and who does it apply to?

The UCMJ is the federal code governing military discipline and criminal offenses. It applies to active duty service members and certain National Guard and Reserve members, wherever they are stationed.

How do I hire a military law attorney in Lake Oswego?

Start with the Oregon State Bar directory and look for attorneys who list military law or UCMJ defense as a specialty. Schedule consultations to assess experience with federal and military procedures.

When can SCRA protections be used to pause a civil case?

SCRA protections can stay or suspend certain civil proceedings if you are on active duty or under deployment orders. An attorney can help file a motion with the court to apply protections.

Where can I find official information about UCMJ and military justice?

Official text and summaries are available at govinfo.gov and uscode.house.gov, which host the UCMJ statutes and related federal materials.

Why might I need a lawyer for a military discharge upgrade?

A discharge upgrade can affect eligibility for benefits. An attorney can assemble evidence and coordinate with the appropriate review boards to improve outcomes.

Can a Lake Oswego resident with a civilian case get help under SCRA protections?

Yes, service members may obtain relief under SCRA in certain civil matters. A qualified attorney can determine applicability and guide the process.

Should I hire a local attorney or a national military law specialist?

For Lake Oswego residents, a local attorney with DoD and UCMJ experience is often best, but ensure they have relevant federal and military procedure knowledge.

Do I need a lawyer if I am not on active duty but am in the National Guard?

It depends on deployment status and the matter at hand. Guard members can face UCMJ jurisdiction and may still benefit from counsel for civil or family issues.

Is the 6 percent interest cap under SCRA applicable to all loans?

SCRA caps interest on certain obligations while active or under deployment; some loan types may be exempt, so a lawyer can determine applicability in your case.

How long does a typical UCMJ proceeding take?

Courts-martial timelines vary with complexity, but they can take weeks to months from charging to resolution, depending on discovery and defenses raised.

What is the difference between a court-martial and non-judicial punishment?

A court-martial is a formal trial for serious offenses, with juries or panels. Non-judicial punishment is a command-imposed disciplinary action for less serious offenses.

How much can a military defense attorney cost in Lake Oswego?

Costs vary by case and attorney. Some offer flat consultation fees or retainers; many provide fee arrangements aligned with the complexity of the matter.

5. Additional Resources

  • Oregon National Guard - Coordinates state military readiness and supports service members in Oregon, with deployment and emergency response resources. Website
  • Oregon Department of Veterans Affairs - Provides veterans benefits guidance, claims assistance, and resources for Oregon veterans and their families. Website
  • U.S. Department of Veterans Affairs - Administers federal veterans benefits, including disability compensation, education benefits, and healthcare programs. Website

6. Next Steps

  1. Clarify your military law needs by listing whether you face a UCMJ matter, SCRA protections, or civil matters affecting service.
  2. Gather key documents such as your service record, deployment orders, civilians' court filings, and housing leases or loan documents.
  3. Search for qualified lawyers through the Oregon State Bar and law directories, focusing on military law and UCMJ experience. Oregon State Bar
  4. Check each candidate’s experience with Lake Oswego or Oregon matters, including any court appearances or negotiations related to military cases.
  5. Schedule consultations to discuss case strategy, timelines, and fee structures; bring your full document package to the meeting.
  6. Ask about timelines, potential outcomes, and whether they coordinate with civilian counsel or DoD processes if needed.
  7. Decide on an attorney and establish a clear plan with milestones and expected communication updates.

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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.