Best Military Law Lawyers in New Hampshire

About Military Law in New Hampshire, United States

Military Law is a specialized field of law that governs the conduct and affairs of military personnel, including service members in the Army, Navy, Air Force, Marine Corps, Coast Guard, and the National Guard. In New Hampshire, as in the rest of the United States, Military Law operates both under federal statutes such as the Uniform Code of Military Justice (UCMJ) and state-specific provisions that pertain to the New Hampshire National Guard and veterans residing in the state. Service members are subject to a unique set of rules and procedures that differ significantly from civilian law, involving courts-martial, administrative separations, military benefits, and disciplinary actions, among others.

Why You May Need a Lawyer

Because Military Law is complex and differs considerably from civilian law, it is essential to seek specialized legal assistance in several situations. You may need a lawyer if you are facing:

• Court-martial or non-judicial punishment proceedings
• Administrative discharge or separation actions
• Allegations of misconduct, including AWOL or desertion
• Issues regarding military benefits or veterans’ claims
• Problems related to deployment, reemployment, or Service Member Civil Relief Act (SCRA) protections
• Family law issues complicated by your military service, such as divorce or custody arrangements
• Legal matters tied to New Hampshire National Guard duties
• Appeals of military records or discharges
• Allegations of discrimination or harassment in a military context
• Any situation where military regulations might conflict with state or federal civilian laws

Local Laws Overview

In New Hampshire, Military Law operates within a unique legal environment created by both federal statutes and state-specific laws. The New Hampshire National Guard is subject to the New Hampshire State Military Code, which sets standards for discipline, administration, and deployment of the Guard within state borders. The state provides protections and benefits for veterans and active service members, including educational assistance, employment protections under the New Hampshire Military Leave Law, and access to state-run veterans’ services. Service members are also afforded protection under the federal Servicemembers Civil Relief Act, which safeguards their legal rights during active duty. Further, the New Hampshire Department of Military Affairs and Veterans Services acts as a chief liaison for service members needing support on legal and benefits issues. It's important to realize that violations of military regulations or disputes involving military authorities within New Hampshire are handled by a blend of military tribunals and, in some situations, local courts, depending on jurisdiction and the nature of the conduct.

Frequently Asked Questions

What is the Uniform Code of Military Justice?

The Uniform Code of Military Justice (UCMJ) is a set of federal laws that govern the conduct, discipline, and justice system for all branches of the U.S. Armed Forces. It covers offenses, trial procedures, and penalties specific to military personnel.

Can I be tried in both military and civilian court for the same offense?

Yes. This is known as concurrent jurisdiction. Certain actions may violate both military regulations and civilian law, and it is possible to face charges in both systems depending on the circumstances.

What protections do I have in New Hampshire as a deployed service member?

Deployed service members are protected by the Servicemembers Civil Relief Act, which helps with things like lease terminations, mortgage relief, and court proceedings. New Hampshire laws provide additional employment and job reinstatement protections for Guard and Reserve members.

What is a court-martial and how does it work?

A court-martial is a military court proceeding for service members accused of violating the UCMJ. There are different types, including summary, special, and general courts-martial, each with varying procedures and potential penalties.

How can I challenge a military discharge decision?

If you believe your discharge was unjust, you may appeal through military boards such as the Discharge Review Board or Board for Correction of Military Records. Legal assistance is valuable in preparing and presenting your case.

What legal assistance is available for New Hampshire National Guard members?

The New Hampshire National Guard can offer initial legal counseling, but for complex matters, engaging a private lawyer familiar with military and state law is recommended. The Judge Advocate General’s (JAG) office can also be a point of contact.

How does military law affect child custody and divorce?

Military service can impact family law matters such as custody and support, sometimes requiring unique arrangements for deployment or relocation. New Hampshire courts often consider military commitments when making family law decisions.

Can veterans receive legal help for VA benefits disputes?

Yes. Veterans may work with accredited legal representatives or attorneys to help file appeals and resolve disputes related to Veterans Affairs (VA) benefits.

What is the process for resolving complaints of discrimination in the military?

There are formal complaint processes within the military for discrimination, including equal opportunity offices and Inspector General investigations. Legal counsel can guide you in submitting and following up on complaints.

How do I contact someone for help with a military legal issue in New Hampshire?

You can begin by reaching out to your base’s JAG office or the New Hampshire Department of Military Affairs and Veterans Services. If the issue is beyond their capacity, consulting a civilian lawyer with military law experience is advisable.

Additional Resources

Here are some resources and organizations that may be helpful for military personnel and veterans in New Hampshire:

• New Hampshire Department of Military Affairs and Veterans Services
• New Hampshire National Guard Judge Advocate General's Office
• Veterans Service Organizations (such as the American Legion and VFW)
• U.S. Department of Veterans Affairs regional office in New Hampshire
• Legal services provided by New Hampshire Legal Assistance for qualifying individuals
• Service Member Civil Relief Act (SCRA) support hotlines

Next Steps

If you believe you need legal help in the field of Military Law in New Hampshire, consider taking the following steps:

1. Clearly identify your legal issue and gather any relevant documentation.
2. Reach out to your base or unit’s JAG office for a preliminary consultation.
3. Contact the New Hampshire Department of Military Affairs and Veterans Services for referrals and additional support.
4. If your legal matter is complex or falls outside the scope of free military legal services, search for a civilian attorney with experience in Military Law.
5. Keep records of all communications, notices, and proceedings related to your case.
6. Do not delay, as many military legal matters are subject to strict deadlines.

Seeking legal advice early from a knowledgeable professional is crucial when dealing with Military Law matters in New Hampshire. Doing so helps protect your rights and ensure the best possible outcome for your situation.