Best Military Law Lawyers in Maryland

About Military Law in Maryland, United States

Military law is a specialized legal field governing the conduct of service members in the United States Armed Forces, including those serving in Maryland. It encompasses rules and regulations established by federal authorities, such as the Uniform Code of Military Justice (UCMJ), and addresses both administrative and criminal matters unique to military service. In Maryland, a state with a significant military presence due to installations like Fort Meade, the United States Naval Academy, and Andrews Air Force Base, military law interacts with state laws in areas such as the Maryland Military Department, National Guard deployments, and veterans' issues. Individuals involved in military law cases must navigate both federal military statutes and relevant Maryland state laws.

Why You May Need a Lawyer

Legal challenges in military law are complex and can have serious consequences for service members, veterans, and their families. You may need a military law attorney in Maryland for several reasons:

• Facing court-martial proceedings or non-judicial punishment (Article 15, Captain's Mast, etc).
• Responding to administrative actions such as separation boards, discharge upgrades, or denial of security clearance.
• Addressing issues of military family law, including divorce, child custody, or family support while deployed.
• Appealing a denial of military benefits, disability claims, or veterans’ assistance.
• Dealing with accusations of misconduct, including AWOL/UA (absent without leave/unauthorized absence).
• Defending against allegations under the UCMJ or state-specific military justice codes.
• Assisting with employment law issues unique to service members, such as USERRA violations.

Having experienced legal guidance can be the difference between a favorable outcome and lasting consequences on your military record, career, and personal life.

Local Laws Overview

Maryland military law primarily operates within the context of federal statutes, but several state-specific laws and policies also impact service members:

• The Maryland State Military Department oversees the Maryland Army and Air National Guard, as well as the Maryland Defense Force. State law governs their deployment, discipline, and benefits during peacetime or in response to state emergencies.
• Maryland Code, Public Safety Article, outlines operational protocols for the National Guard and state defenses, including legal protections for mobilized service members.
• The Maryland Veterans Affairs Office assists in the administration of state benefits, including tax incentives and tuition waivers, for veterans and service members.
• Maryland recognizes federal statutes like the Servicemembers Civil Relief Act (SCRA), which provides special protections for military personnel in civil legal matters such as leases, evictions, and default judgments.
• The state’s laws address the unique needs of military-related family law matters, enabling expedited court hearings or alternate arrangements for deployed service members.

It is important to remember that service members in Maryland may be subject to both federal military regulations and applicable state laws, depending on their status and the legal issue involved.

Frequently Asked Questions

What is the Uniform Code of Military Justice (UCMJ)?

The UCMJ is the foundation of military law in the United States. It outlines criminal offenses, procedures, and punishments for service members, and applies to all branches, including those stationed in Maryland.

Can Maryland service members be tried in both civilian and military courts?

Yes, depending on the offense, service members may be subject to both military and civilian jurisdiction. Some conduct can be prosecuted in state court and also under the UCMJ, though protections exist to prevent double jeopardy for the same offense.

What rights do I have if I am facing a court-martial in Maryland?

You have the right to be informed of the charges, to have military legal counsel or hire a civilian attorney, to remain silent, to present evidence, and to a fair trial before a panel of officers or a military judge.

How can the Servicemembers Civil Relief Act (SCRA) help me?

SCRA offers legal protections to active-duty military personnel, such as temporary relief from certain civil obligations, protections from eviction, and reduced interest rates on debts during periods of service.

Is the Maryland National Guard subject to the same rules as federal military branches?

When activated for federal service, the National Guard is subject to the UCMJ. When serving under state orders, they are subject to Maryland's Military Law, which closely mirrors federal rules but is governed by state statute.

What should I do if I am charged with being AWOL or UA?

Contact a military law attorney immediately. Your rights and options will depend on your duty status, the length of your absence, and whether you are under state or federal orders.

Can I get a discharge upgrade in Maryland?

Yes, many former service members seek discharge upgrades to retrieve benefits or clear their record. This requires petitioning the appropriate Discharge Review Board or Board for Correction of Military Records, often with legal assistance.

Are there legal supports for military families during deployment?

Yes, both federal and Maryland state laws provide support, especially in matters of child custody, child support, and spousal rights, including expedited or special considerations in family court.

How do I appeal a denied military or veteran benefit in Maryland?

You may appeal through agencies like the Veterans Affairs (VA) or the Maryland Veterans Affairs Office. Legal counsel can assist in gathering evidence and representing you in administrative hearings.

What are National Guard members’ legal protections during mobilization?

National Guard members enjoy employment protections under USERRA and SCRA during activation, as well as additional rights under Maryland state law concerning job security, pay, and family support.

Additional Resources

• Maryland Department of Veterans Affairs - assists with benefits, claims, and legal guidance.
• Maryland Military Department - oversees National Guard and state defense forces.
• Local offices of the Judge Advocate General (JAG) at military installations in Maryland.
• U.S. Department of Veterans Affairs - for claims and appeals on federal military benefits.
• Legal Assistance Offices - often located on base, providing free or low-cost legal advice to service members and families.
• Military OneSource - offers legal and counseling resources for active duty and reserve members.
• Local bar associations - many provide military/veterans’ law referral services in Maryland.

Next Steps

If you or a loved one faces a military legal issue in Maryland, take the following steps:

• Gather all relevant documents, orders, notices, or evidence pertaining to your case.
• Consult with a military law attorney licensed in Maryland or with experience in military and state law.
• If on active duty, contact your base’s Judge Advocate General (JAG) office for initial advice or referral.
• Reach out to local legal assistance programs, veterans’ support agencies, or bar associations for referrals.
• Act promptly, as military legal issues often have strict deadlines and procedural requirements.

Dealing with military law concerns can be stressful, but with the right legal support you can protect your rights, career, and family. Seek professional advice early to ensure the best possible outcome.