Best Military Law Lawyers in Las Vegas

About Military Law in Las Vegas, United States

Military law governs the rights, duties, discipline, and legal procedures that apply to members of the U.S. armed forces. It is primarily based on the Uniform Code of Military Justice - UCMJ - and applies to active-duty service members, and in many cases to reservists and certain retirees. In the Las Vegas area, military law matters often interface with civilian law because of nearby military installations such as Nellis Air Force Base and Creech Air Force Base, and because service members live, work, and interact within the civilian community of Clark County. Understanding military law in Las Vegas means knowing how military processes - like courts-martial, nonjudicial punishment, and administrative separations - intersect with Nevada state law and local civilian procedures.

Why You May Need a Lawyer

Service members, veterans, and their families may need a lawyer for many military law related situations. Common reasons include:

- Facing disciplinary action under the UCMJ, such as an investigation or court-martial.

- Receiving an Article 15 or other nonjudicial punishment and wanting to evaluate defense options.

- Facing administrative actions, including involuntary administrative separation, disability evaluations, or security clearance revocation.

- Dealing with criminal charges in civilian courts that may also result in military discipline.

- Navigating family law issues - divorce, child custody, child support, and property division - where military pay, benefits, and relocation may complicate the case.

- Appealing a discharge characterization or seeking upgrade of discharge for access to VA benefits.

- Managing VA claims, appeals, or benefits disputes including pension, compensation, and healthcare eligibility.

- Addressing employment-related protections on return from military service - for example under the Uniformed Services Employment and Reemployment Rights Act - USERRA.

- Responding to administrative investigations, inspector general complaints, or equal opportunity claims within the military chain of command.

Local Laws Overview

When military issues occur in Las Vegas, several local and state legal matters can be particularly relevant:

- Dual jurisdiction and coordination - Some incidents can be subject to both military and civilian jurisdiction. Local civilian authorities in Clark County or the Las Vegas Metropolitan Police Department may investigate or prosecute crimes that involve service members. Coordination between base legal offices and civilian prosecutors will determine which forum handles a case.

- Nevada criminal laws - Nevada statutes on offenses such as DUI, drug possession, assault, and domestic violence operate independently of military law and can result in civilian charges and penalties that may also trigger military discipline.

- Family law and residency - Nevada is a community property state, which affects property division in divorce. Military moves and the Servicemembers Civil Relief Act - SCRA - can affect jurisdiction, temporary stays, and timing for family law proceedings.

- Employment protections - USERRA is a federal law protecting service members’ employment rights. Nevada employers must also comply with state labor laws. Service members returning from duty may need help enforcing these protections locally.

- Firearms and protective orders - Nevada law and local courts handle protective orders and firearm restrictions. If a service member is subject to a military protective order or civilian restraining order, both systems can affect the person’s rights and duties.

- Veterans benefits and local resources - VA regional offices, local veterans service organizations, and Nevada Department of Veterans Services provide assistance for claims and appeals. Discharge characterization under military regulations can affect eligibility for state and federal veterans benefits.

Frequently Asked Questions

What is the Uniform Code of Military Justice and how does it affect me?

The Uniform Code of Military Justice - UCMJ - is the federal law that governs military discipline, criminal offenses, and legal procedures for service members. It defines offenses that may be prosecuted by courts-martial, sets out rights of the accused, and establishes punishment ranges. If you are an active-duty service member, the UCMJ applies and can lead to administrative action, nonjudicial punishment, or courts-martial depending on the alleged misconduct.

Can I be tried in both military and civilian courts for the same incident?

Yes, double jeopardy as applied in civilian law does not automatically prevent separate military and civilian prosecutions. However, coordination between military and civilian authorities often determines which jurisdiction proceeds first. Whether both systems pursue charges depends on the facts, jurisdiction agreements, and prosecutorial discretion.

What is an Article 15 and should I accept it?

An Article 15 is nonjudicial punishment under the UCMJ that a commander can impose for minor misconduct. It can result in punishments like reduction in rank, extra duties, or forfeiture of pay. Accepting an Article 15 means waiving some rights such as a trial by court-martial and may have career consequences. Consulting counsel before deciding whether to accept or refuse an Article 15 is important.

How do I get a military lawyer if I am charged with an offense?

If you are under investigation or facing disciplinary action, you can request defense counsel from the Judge Advocate General - JAG - office at your installation. For courts-martial, a military defense counsel will be provided if you are eligible. You may also hire a civilian attorney with experience in military law to represent you, but you should coordinate counsel choice with base policies and processes.

Can a civilian attorney represent me in a courts-martial?

Yes, service members can hire civilian counsel to represent them in courts-martial. Civilian attorneys must be familiar with military law and procedure to be effective. Many cases use both military and civilian counsel where appropriate. Civilian counsel can also represent you in related civilian matters that overlap with the military case.

What protections does the Servicemembers Civil Relief Act provide?

The SCRA provides protections for active-duty service members in civil proceedings. Key protections include stays of civil litigation, postponement of foreclosures and evictions, protection from default judgments in certain cases, and limits on interest rates for pre-service debt. It is a federal law that may be invoked in Nevada family law, housing, and contract disputes to protect the service member’s rights while on active duty.

How does military service affect a divorce or child custody case in Nevada?

Military service can complicate divorce and custody matters. Nevada is a community property state, so marital property division follows community property rules. Deployment and frequent moves can impact custody arrangements and enforcement. The SCRA and federal statutes can affect timing and jurisdiction of proceedings. Consulting an attorney with experience in military family law is important to address military pay, benefits, and relocation issues.

What should I do if I receive an administrative separation notice?

If you receive a notice of proposed administrative separation, respond promptly. Administrative separations can affect your discharge characterization and future benefits. Seek advice from a military defense counsel or a civilian attorney experienced in military separations. You have rights to present evidence, request representation, and in some cases request a separation board to contest the action.

How can I appeal a court-martial conviction?

Appeals from courts-martial go through the military appellate system. Cases may be reviewed by service-specific courts of criminal appeals and then by the United States Court of Appeals for the Armed Forces. Depending on issues and case specifics, further appeal to federal courts may be possible. Timely filing and skilled appellate counsel are crucial for preserving appellate rights.

Where can I get help with VA disability claims and benefits in Las Vegas?

For VA claims, you can consult accredited representatives such as Veterans Service Officers, non-profit veterans legal clinics, or attorneys accredited by the Department of Veterans Affairs. Local resources in Las Vegas include county veterans service offices and the state Department of Veterans Services. Gather medical records, service treatment records, and discharge documents to support a claim or appeal.

Additional Resources

Below are local and national resources that can help with military law and related matters:

- Installation Legal Assistance and Trial Defense Service offices at Nellis Air Force Base and Creech Air Force Base - provide legal assistance and defense resources to service members.

- Judge Advocate General - JAG - Corps - provides military legal services and advice on rights, defense, and administrative matters.

- Nevada Department of Veterans Services - assists veterans with benefits, claims, and local resources.

- Clark County Veterans Service Office - local assistance with benefits claims and navigating VA processes.

- Department of Veterans Affairs regional offices - administer veterans benefits, healthcare enrollment, and appeals.

- State Bar of Nevada - lawyer referral services and information on local attorneys experienced in military and veterans law.

- National Veterans Legal Services Program and similar non-profit organizations - provide expertise and assistance for complex veterans benefits appeals.

- American Bar Association - resources on military law and access to pro bono programs that serve service members.

- Military OneSource - Department of Defense resource for service members and families with legal information and referrals.

- Local legal aid organizations and pro bono clinics - may have programs addressing family law, housing, and benefits issues for service members and veterans.

Next Steps

If you need legal assistance with a military law matter in Las Vegas, consider the following steps:

- Act quickly - Military and civilian legal timelines can be strict. Respond to notices, preserve deadlines for appeals, and do not delay seeking counsel.

- Contact installation legal services - If you are on or near a military installation, reach out to the legal assistance office or trial defense service for immediate guidance and to understand your rights.

- Gather documents - Collect service records, orders, discharge paperwork, medical records, incident reports, and any correspondence related to your case.

- Consult an experienced attorney - Seek a JAG attorney or a civilian lawyer with experience in military law, courts-martial, administrative separations, or veterans benefits depending on your issue.

- Preserve evidence and witnesses - Document events, keep copies of communications, and identify witnesses while memories are fresh.

- Understand your rights - Before speaking to investigators or giving statements, clarify your rights and whether you should have counsel present.

- Use local resources - Reach out to veterans service offices and nonprofit organizations for help with benefits and appeals.

- Consider confidentiality and command channels - Be aware of how using command channels, inspector general complaints, or civilian reporting may affect investigations and outcomes.

Note - This guide provides general information and is not a substitute for legal advice. Situations involving military law can be complex and fact specific. Consult a qualified attorney or legal assistance office to get advice tailored to your particular circumstances.