Best Military Law Lawyers in Nevada

About Military Law in Nevada, United States

Military law refers to the legal system that governs the conduct of individuals serving in the armed forces. In Nevada, military law encompasses federal regulations like the Uniform Code of Military Justice (UCMJ), as well as state statutes and policies that impact service members, veterans, reservists, and their families. Military law may address matters such as criminal offenses under the UCMJ, administrative actions, benefits, military divorce, employment rights, and interaction with state and local authorities. Whether on active duty at a base like Nellis Air Force Base or serving with the Nevada National Guard, military personnel may encounter unique legal challenges requiring guidance tailored to their status.

Why You May Need a Lawyer

Seeking legal advice in military law is often vital because of the complex intersection of federal military rules and Nevada state laws. Common situations where legal help is essential include:

• Facing courts-martial or military disciplinary actions
• Dealing with discharge proceedings or appeals
• Challenging or appealing denial of military benefits or VA claims
• Handling family law matters such as military divorce, custody, or support
• Addressing employment issues with the Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Obtaining or disputing security clearances
• Managing military records corrections or upgrades
• Protecting rights during mobilization or deployment
• Defending against civilian criminal or civil charges where military status is a factor

Because military law involves distinct procedures and protections, consulting an experienced attorney can help ensure rights are preserved and the best possible outcome is achieved.

Local Laws Overview

Nevada follows both federal military law and its own statutes affecting service members. Key aspects relevant to military law in Nevada include:

• Nevada National Guard members are subject to the Nevada Code of Military Justice when not in federal service
• Nevada provides employment and reemployment protections similar to USERRA for National Guard members activated by the state
• The state offers certain licensing and educational benefits for veterans and military spouses under Nevada Revised Statutes
• State law protects service members from discriminatory practices in housing, employment, and contractual matters
• Nevada law offers protections from default judgements, foreclosure, or eviction for certain activated military personnel
• Military parents in Nevada have additional safeguards relating to custody and visitation during deployment

These local laws can interact with and supplement federal statutes, making legal assistance even more important for those affected.

Frequently Asked Questions

What is the Uniform Code of Military Justice (UCMJ) and does it apply in Nevada?

The UCMJ is the federal legal system governing all branches of the United States military, including service members stationed in Nevada. It sets forth crimes, procedures, and punishments specific to military personnel and is enforced at bases across the state.

What are my rights if I am facing a court-martial in Nevada?

You have the right to be represented by a military defense attorney at no cost or by a civilian attorney at your expense. You are entitled to due process, to present evidence, and to appeal the outcome of a court-martial.

Can I get my military discharge upgraded if I served in Nevada?

Discharge upgrades are handled through Discharge Review Boards, not specifically by location. However, an attorney familiar with your service history in Nevada can help prepare your application and supporting evidence.

How are family law issues like divorce handled if I am stationed in Nevada?

Nevada courts can address divorce, custody, and support even if one spouse is in the military. Special rules protect the rights of deployed or out-of-state service members, and military pensions may be subject to division.

What are my employment rights as a Nevada National Guard member?

Under state and federal law, you are protected from employment discrimination and have rights to be reemployed after deployment. Employers are prohibited from terminating or disciplining you due to your military obligations.

Can I receive protection from eviction or foreclosure while on deployment?

Yes, both federal and Nevada laws provide protections against eviction, foreclosure, and some civil court actions while you are on active duty. You may need to notify creditors and courts of your status to invoke these rules.

What resources does Nevada provide for veterans seeking benefits?

Nevada offers veterans services through the Nevada Department of Veterans Services (NDVS), which provides assistance with benefits applications, employment help, and advocacy for veterans and their families.

Are military personnel in Nevada subject to both federal and state military law?

Yes. Federal statutes like the UCMJ apply to all military service members, while those in the Nevada National Guard are also governed by the Nevada Code of Military Justice during state activation.

Can military status affect a civilian criminal case in Nevada?

Military status can be relevant in certain cases, such as considering mitigation, diversion programs for veterans, or special courts. Some courts may offer programs tailored for veterans or active service members.

How do I find a military law attorney in Nevada?

You may start by contacting your branch’s legal assistance office, the Nevada State Bar, or organizations focused on military and veterans’ legal aid. Many attorneys in Nevada specialize in military law or have experience serving veterans.

Additional Resources

Consider reaching out to the following resources for support and further information:

• Nevada Department of Veterans Services (NDVS): Support with veterans’ benefits, referrals, and advocacy
• Legal Assistance Offices at military bases, such as Nellis Air Force Base
• State Bar of Nevada: Lawyer referral and information services
• American Legion and Veterans of Foreign Wars (VFW): Advocacy and legal clinics
• United States Department of Veterans Affairs (VA)
• National Veterans Legal Services Program

Next Steps

If you believe you need legal assistance in military law in Nevada, consider taking the following steps:

• Contact your local Legal Assistance Office for an initial consultation
• Gather relevant documents, including service records, disciplinary notices, and any correspondence related to your case
• Consider reaching out to the Nevada Department of Veterans Services for benefits or referrals
• Consult an experienced Nevada attorney who understands both military and civilian law
• Act promptly to preserve your legal rights, especially regarding appeals or deadlines

Understanding your rights and options under military law can protect your service record, your benefits, and your future. Getting advice from a knowledgeable legal professional is the best way to ensure you are fully informed and well represented.