Best Military Law Lawyers in Pennsylvania

About Military Law in Pennsylvania, United States

Military law governs the conduct of members of the armed forces. In Pennsylvania, military law applies to individuals who serve in the United States military, the Pennsylvania National Guard, and other reserve components. This area of law addresses both federal regulations, such as the Uniform Code of Military Justice (UCMJ), and state military codes, such as the Pennsylvania Code of Military Justice (PCMJ). Military law covers a wide range of issues, including discipline, court-martials, administrative actions, service benefits, and more. Both active-duty and reserve personnel, as well as veterans and their families, may be affected by military law.

Why You May Need a Lawyer

There are various situations where legal advice in military law becomes critical. Service members may face disciplinary actions, courts-martial, or administrative separations that threaten careers and reputations. Veterans and families often encounter issues with benefits, pensions, or healthcare access. Reservists and members of the National Guard may need help with re-employment rights or protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Additionally, legal help may be needed for security clearance matters, family law issues involving military members, or when facing discrimination or wrongful discharge from service.

Local Laws Overview

Pennsylvania follows the federal Uniform Code of Military Justice for most prosecution and discipline matters involving active-duty personnel. However, the state also has its own Pennsylvania Code of Military Justice which applies to Pennsylvania National Guard members when they are performing state duties. Key aspects include procedures for courts-martial, non-judicial punishments, protections for service members in civil proceedings, and specific provisions related to drills and mobilization for emergencies. State laws complement federal statutes, especially in situations where guardsmen and reservists are under state command. Pennsylvania also enforces its own Service Members Civil Relief Act (SCRA) provisions, offering protections in civil contracts, housing, and court proceedings for eligible military personnel.

Frequently Asked Questions

What is the difference between federal and state military law?

Federal military law, mainly the UCMJ, applies to active-duty service members across the nation. State military laws, like the PCMJ, apply to National Guard or militia members when they are serving under the authority of the Governor of Pennsylvania. Cases may involve either system depending on the service member’s duty status.

What legal protections do I have as a member of the Pennsylvania National Guard?

National Guard members are protected by federal and state military codes, Pennsylvania’s military justice rules, and employment protections such as USERRA and the Pennsylvania Military Leave of Absence Act. These protections include due process rights, reemployment after service, and certain civil legal safeguards.

Can I be prosecuted for offenses committed while off-duty?

Yes. Depending on the nature of the offense, military law may apply to conduct outside official duties, particularly if it affects the integrity or discipline of the military. Service regulation violations, unlawful conduct, or felonies may result in both civilian and military proceedings.

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

You have the right to be represented by a military defense attorney and may also hire a civilian attorney at your own expense. You are presumed innocent until proven guilty, can present evidence and witnesses, and can appeal the outcome if convicted.

How does military service affect child custody and family law matters in Pennsylvania?

Courts consider deployment and duty schedules when determining custody and visitation. Service members are protected from default judgments due to service commitments under the Servicemembers Civil Relief Act and similar state provisions.

Which employment protections exist if I am called to active duty?

Both USERRA and Pennsylvania law ensure that eligible service members are entitled to reemployment in their civilian jobs after serving, prohibit discrimination based on military service, and safeguard certain employment benefits.

What should I do if I receive a discharge or discipline I believe is unjust?

You have the right to appeal administrative actions or seek an upgrade of your discharge status. Consulting a military law attorney can help you understand your appeal rights and guide you through the process.

Are veterans eligible for legal assistance through the state?

Yes. Pennsylvania offers various veteran assistance programs and legal resources. Additionally, numerous organizations provide free or reduced-cost legal aid for veterans with issues related to benefits, healthcare, housing, and family matters.

Can I get legal help if I am facing losing my security clearance?

Yes. Security clearance matters can be complex, and legal counsel can be crucial for responding to alleged violations, gathering evidence, and defending your eligibility to retain your clearance.

Where can military families in Pennsylvania find help with housing or benefits issues?

Many organizations, both governmental and nonprofit, offer support. The Department of Military and Veterans Affairs, the VA, and local veteran outreach centers can assist with housing, benefits, and legal referrals.

Additional Resources

There are numerous resources available for those seeking help with military law in Pennsylvania:

• Pennsylvania Department of Military and Veterans Affairs
• Legal Assistance Offices at local military installations
• U.S. Department of Veterans Affairs (VA) regional offices
• Pennsylvania Bar Association Military and Veterans Affairs Committee
• The Pennsylvania National Guard Family Program
• Veterans Justice Outreach Program
• Military officers associations and veterans service organizations
• Legal clinics specializing in military and veterans’ law at area law schools

Next Steps

If you need legal assistance with a military law issue in Pennsylvania, start by determining the nature and urgency of your issue. If you are on active duty or a National Guard member, contact your military legal assistance office for an initial consultation. Veterans and family members can seek help from veteran organizations, legal clinics, or the Pennsylvania Department of Military and Veterans Affairs. For complex or urgent matters, consider consulting a civilian attorney knowledgeable in military law. Always gather any documents, orders, or notices relating to your case before your consultation. Do not hesitate to seek assistance promptly, as timing can be critical in legal matters involving military personnel.