Best Military Law Lawyers in Louisiana

About Military Law in Louisiana, United States

Military law in Louisiana encompasses the rules, regulations, and legal processes that govern members of the armed forces stationed in or residing within the state. Military law operates under both federal and state jurisdictions, including the Uniform Code of Military Justice (UCMJ) and Louisiana state military codes. It is designed to maintain discipline, order, and justice for members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard. Louisiana is home to several military bases and installations, which makes military law especially relevant for service members, their families, and veterans living in the region.

Why You May Need a Lawyer

Individuals may require legal assistance in military law for a variety of reasons. Common situations include facing court-martial or non-judicial punishment, disputes regarding military benefits, issues surrounding discharge status or re-enlistment, accusations of misconduct, family law matters affected by deployment or service status, and employment or re-employment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Legal help may also be critical when dealing with military administrative hearings, security clearance issues, or challenges to the Servicemembers Civil Relief Act (SCRA) protections. Having a knowledgeable attorney can ensure that service members’ rights are protected at both the state and federal levels.

Local Laws Overview

Louisiana military law incorporates both federal military statutes and its own state-specific regulations for the Louisiana National Guard and resident service members. Significant aspects include:

• Louisiana Military Code: The state has its own code of military justice governing National Guard members when they are not on federal duty. This code addresses offenses, court procedures, and punishments.
• National Guard Service: Members called up for state emergencies operate under the authority of the Governor and are subject to state law rather than the federal UCMJ.
• Protections for Service Members: Louisiana applies both federal and state-level protections, such as protections against foreclosure, eviction, and civil proceedings during periods of service.
• Support for Veterans: The state provides additional legal rights for veterans regarding employment, education, and benefits administration.
• Military Divorce and Child Custody: Louisiana law offers specific provisions for military families, including considerations for deployment in parenting plans and child support matters.

Frequently Asked Questions

What is the difference between military law and civilian law in Louisiana?

Military law governs the conduct of armed forces members and is enforced through military courts and administrative proceedings. Civilian law applies to all residents and is enforced in state and federal courts. Service members may be subject to both, depending on the circumstances of an offense.

How does the Louisiana Military Code affect National Guard members?

The Louisiana Military Code applies to National Guard personnel when not activated under federal orders. It outlines disciplinary actions and legal proceedings, similar to the UCMJ, but is administered by state military authorities.

Can a service member in Louisiana be tried both in military and civilian court?

Yes, in certain cases involving violations of both military and civilian laws, a service member may face proceedings in military court and also face charges in civilian court, subject to protections against double jeopardy in specific contexts.

What legal protections do service members have in civil matters in Louisiana?

Service members are protected by the federal SCRA and similar Louisiana laws. These laws can delay civil court actions, prevent default judgments, and offer foreclosure and eviction protections during active service.

Can deployment affect child custody and support decisions in Louisiana?

Yes, Louisiana family courts consider military service when making custody and support determinations, ensuring that deployment or service-related absences do not unfairly impact parental rights or obligations.

What should I do if I receive military disciplinary action while in Louisiana?

If you are facing disciplinary action, such as a court-martial, Article 15, or any administrative proceeding, you should consult with a military law attorney or Judge Advocate General (JAG) officer as soon as possible.

Are military divorces handled differently in Louisiana?

Military divorces may involve unique issues, such as the division of military pensions, residency requirements, and compliance with federal laws like the Servicemembers Civil Relief Act. Louisiana courts will address these issues accordingly.

What are my rights if I am denied employment or reemployment after serving?

Under the USERRA and corresponding Louisiana laws, you have the right to seek reemployment in your civilian job after completing military service and cannot be discriminated against on the basis of your service obligations.

Where can I appeal a decision regarding military benefits or discharge status?

You can appeal military benefits or discharge decisions through both military administrative channels and, in certain cases, federal courts. An attorney can guide you through the proper procedures.

How can I find a qualified military law attorney in Louisiana?

You can contact local bar associations, veterans’ organizations, or the Louisiana State Bar to find attorneys with experience in military law. Military legal assistance offices may also provide guidance or referrals.

Additional Resources

If you need further information or support, consider reaching out to these Louisiana resources:

• Louisiana Department of Veterans Affairs: Offers benefits counseling, advocacy, and referrals for legal assistance.
• Louisiana National Guard Judge Advocate General (JAG) Corps: Provides free legal services to Guard members on military law matters.
• Armed Forces Legal Assistance Program: Lists military legal assistance offices throughout Louisiana.
• Louisiana State Bar Association: Can help you connect with attorneys who specialize in military and veterans’ issues.
• Local Veterans Service Organizations: Groups like the American Legion or Veterans of Foreign Wars may offer legal clinics or resources for military law questions.

Next Steps

If you believe you need legal help related to a military law issue in Louisiana, take these steps:

• Identify whether your issue involves federal military law, state military code, or civilian law overlapping with military service.
• Gather all relevant documents, such as service records, military orders, or legal notices connected to your case.
• Reach out to a qualified military law attorney who is familiar with Louisiana-specific regulations.
• If you are currently serving, contact your JAG office for immediate legal advice and assistance.
• For family law or civil matters affected by your service, consult both military and civilian legal professionals.
• Use available state and federal resources to better understand your rights and options.

Taking prompt action and seeking guidance from qualified professionals is the best way to protect your rights and navigate the complexities of military law in Louisiana.