Best Military Law Lawyers in New Jersey

About Military Law in New Jersey, United States

Military law is a branch of law that governs the behavior of members of the armed forces. In New Jersey, military law affects active-duty service members, reservists, National Guard members, veterans, and in some cases, their families. Military law operates alongside civilian law, meaning that certain offenses or legal matters may be handled by military courts instead of, or in addition to, state courts. The Uniform Code of Military Justice (UCMJ) is the primary federal statutory framework for military law, but New Jersey also has its own state laws relating to the New Jersey National Guard and veterans’ rights.

Why You May Need a Lawyer

If you serve in the military, are a veteran, or are a family member of a service member in New Jersey, you might face legal situations unique to military life. These can include:

• Facing court-martial or other disciplinary actions under the UCMJ or state military code
• Dealing with administrative discharge proceedings or appeals
• Challenging discharge status that could impact benefits
• Issues related to military family law, such as child custody, support, or divorce involving deployments
• Seeking discharge upgrades or appealing VA benefit denials
• Addressing criminal charges that could affect your military career
• Claims of discrimination or violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Legal representation is essential in these situations because the procedures and laws involved are often complex and different from civilian law.

Local Laws Overview

In New Jersey, military law concerns are addressed at both the federal and state levels. Key aspects include:

• New Jersey Military and Veterans’ Affairs Statutes - The state has laws administered by the New Jersey Department of Military and Veterans Affairs covering the operation of the New Jersey Army and Air National Guard, as well as benefits and protections for veterans and their families.
• National Guard Rights and Responsibilities - Under New Jersey law, National Guard members have specific rights relating to employment, education, and state benefits.
• Supplementing Federal Law - New Jersey statutes sometimes provide expanded protections or remedies beyond what is available under federal law, including additional employment protections and educational benefits for service members.
• Veterans’ Courts - Certain counties in New Jersey have established Veterans’ Courts, sometimes called Veterans Assistance Projects, designed to handle criminal cases involving veterans where mental health or substance use disorders play a role.

Frequently Asked Questions

What is military law and how does it differ from civilian law?

Military law is a separate legal system that governs the conduct of military personnel. While civilian law applies to the general population in state and federal courts, military law is enforced through military tribunals or courts-martial and covers offenses unique to military service.

Who is subject to military law in New Jersey?

Active-duty military members, members of the National Guard while in active state service, and other uniformed service personnel fall under military law. Veterans and family members may also be affected in matters related to benefits or legal protections.

What happens if a service member in New Jersey is accused of a crime?

If accused of a crime, a service member may face military disciplinary proceedings, civilian prosecution, or both, depending on the circumstances. The outcome can affect their career, benefits, and even result in jail time. Legal representation is crucial.

Can New Jersey service members be protected from losing their civilian jobs while on active duty?

Yes, both federal law (USERRA) and New Jersey statutes protect service members from workplace discrimination or job loss due to military commitments. Violations can be challenged legally.

How does the National Guard’s activation for state emergencies affect legal rights?

When the National Guard is activated by the governor for state missions, its members receive certain legal protections and benefits under New Jersey state law, including employment and educational protections.

Are military divorces or child custody cases handled differently in New Jersey?

Yes, military members face unique challenges like deployments or relocations, which can impact custody, visitation, and support decisions. New Jersey courts will consider military obligations in these cases.

What if a veteran’s benefits are denied in New Jersey?

Veterans whose benefits are denied by the Department of Veterans Affairs or New Jersey agencies can appeal those decisions. Legal assistance can help in presenting a strong case or navigating the appeals process.

Can a bad discharge from the military be changed?

Yes, service members or veterans can apply for a discharge upgrade if they believe their dismissal was unjust or erroneous. The process can be complex, so legal guidance is highly recommended.

Are there specific criminal courts for veterans in New Jersey?

Some New Jersey counties have specialized Veterans’ Courts that focus on rehabilitation rather than punishment, especially for nonviolent offenses connected to service-related issues.

How can service members get legal help in New Jersey?

There are military legal assistance offices as well as civilian attorneys experienced in military and veterans’ law. Many organizations and bar associations also offer free or reduced-cost services for those who qualify.

Additional Resources

If you need help or more information on military law issues in New Jersey, the following resources may be useful:

• New Jersey Department of Military and Veterans Affairs
• Judge Advocate General’s (JAG) Corps Legal Assistance Offices
• Veterans Affairs Regional Offices and Veterans Service Officers in New Jersey
• Local bar associations with military law or veterans’ law sections
• Legal Services of New Jersey and related veteran-specific programs
• Veterans’ Courts in counties like Camden, Essex, and Bergen
• US Department of Veterans Affairs (VA)
• Office of the Employer Support of the Guard and Reserve (ESGR)

Next Steps

If you require legal advice or representation concerning military law in New Jersey, it is important to:

• Determine the nature of your legal matter - whether it is disciplinary, administrative, family-related, or benefits-based
• Gather all relevant documents, such as military orders, discharge papers, benefit notices, or court documents
• Contact your installation’s JAG office if you are on active duty or in the National Guard
• Consider consulting a civilian attorney experienced in military and veterans’ law, especially for issues outside the scope of JAG assistance
• Ask about free or reduced-fee legal services offered by veterans’ organizations or legal aid societies
• Follow up with local resources, such as the New Jersey Department of Military and Veterans Affairs, to ensure you are accessing all available support

Legal matters relating to military service can be complex, so acting quickly and seeking professional guidance is the best way to protect your rights and interests.