Best Military Law Lawyers in Wisconsin

About Military Law in Wisconsin, United States

Military law is a specialized area of legal practice that governs the conduct, rights, and obligations of members of the armed forces. In Wisconsin, military law encompasses federal statutes such as the Uniform Code of Military Justice (UCMJ), state statutes related to the Wisconsin National Guard, and legal issues affecting veterans and service members. While military courts handle many offenses specific to military service, state and federal courts in Wisconsin also address matters involving service members, especially when civilian laws are involved. Whether on active duty, reserve status, or as a veteran, individuals in Wisconsin may encounter unique legal situations that require knowledge of both military and civilian laws.

Why You May Need a Lawyer

Legal guidance under military law is often critical due to the unique structures and strict protocols of the military justice system. Common situations requiring legal help include:

• Facing disciplinary action or courts-martial for alleged misconduct
• Appealing non-judicial punishments, administrative separations, or discharges
• Issues with military benefits, pay, or veteran's benefits
• Reemployment rights following military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Family law concerns such as divorce or child custody involving service members deployed overseas
• Security clearance challenges
• Legal protections for service members under the Servicemembers Civil Relief Act (SCRA)
• Service-connected disability claims and appeals
• Allegations of misconduct or criminal behavior while off-duty in Wisconsin
• Legal concerns during mobilization, deployment, or upon return to civilian life

Local Laws Overview

Military law in Wisconsin involves both state and federal legal frameworks:

• Wisconsin National Guard Regulations: Wisconsin statutes establish the rules for National Guard organization, discipline, and mobilization. The Governor may call the Guard to state active duty for emergencies.
• Wisconsin Code of Military Justice (WCMJ): This code applies to National Guard members when activated by the Governor and outlines offenses, courts-martial procedures, and rights.
• Federal Laws: Active duty personnel remain subject to federal military rules. Wisconsin courts may address matters like family law, property issues, and veterans benefits affecting service members.
• Veterans and Service Members Protections: Wisconsin offers state-level protections and assistance programs for veterans, supplementing federal benefits.
• Employment Protections: State law works alongside USERRA to protect the civilian employment rights of Wisconsin service members.
• Legal Protections During Service: Service members in Wisconsin may receive protections from civil court actions, such as stays of proceedings or reduced interest rates during active duty, in line with the SCRA.

Frequently Asked Questions

What is the difference between military law and civilian law in Wisconsin?

Military law governs the conduct of military personnel and operates separately from civilian legal systems, though military and civilian laws can overlap in areas like criminal law or family law. Wisconsin has specific statutes for the National Guard, and federal statutes apply to all active duty personnel.

Can I be prosecuted in both military and civilian court for the same crime?

Yes, it is possible for a service member to face both military and civilian prosecution for the same act, as each is viewed as a separate legal authority. This is not considered double jeopardy.

What are my rights during a military investigation or court-martial?

You have the right to remain silent, the right to legal representation, and the right to review the charges and evidence against you. You can be represented by a military defense counsel or retain a civilian attorney.

What protections does Wisconsin offer to service members facing legal proceedings?

Wisconsin follows the federal Servicemembers Civil Relief Act, offering temporary relief from certain civil obligations, stays of court proceedings, and caps on interest rates for loans during active duty.

How does a military discharge affect my civilian life in Wisconsin?

Your type of discharge can impact eligibility for veteran benefits, future employment, and your reputation. Some discharges may be challenged or upgraded under certain situations.

Are there special divorce or custody procedures for military families in Wisconsin?

Yes, military service can affect divorce, child custody, and support proceedings, especially during deployment. Wisconsin courts must consider federal protections and may adjust procedures to accommodate military obligations.

What is the Wisconsin Code of Military Justice?

The Wisconsin Code of Military Justice is a set of laws that govern the conduct, discipline, and criminal proceedings for members of the Wisconsin National Guard when activated by the Governor.

What should I do if I am denied veterans benefits in Wisconsin?

You may appeal the decision through the U.S. Department of Veterans Affairs. Consulting with a legal expert or a veterans service officer in Wisconsin can help navigate the appeals process.

How does deployment affect my civilian job in Wisconsin?

Both state and federal laws protect your right to return to your civilian job after military service. If you face reemployment discrimination, you may file a complaint under USERRA.

Can I get help with military legal matters for free in Wisconsin?

Many legal assistance programs are available to service members and veterans, including military legal assistance offices and state-funded veterans service organizations.

Additional Resources

If you need help or more information, consider contacting the following Wisconsin and national organizations:

• Wisconsin Department of Military Affairs
• Wisconsin Department of Veterans Affairs
• Legal Assistance Offices on military installations
• County Veterans Service Offices (CVSOs) throughout Wisconsin
• U.S. Department of Veterans Affairs (VA)
• Wisconsin National Guard Judge Advocate General's (JAG) Office
• Local legal aid organizations with military law expertise
• State Bar of Wisconsin's Military and Veterans Law Section

Next Steps

If you believe you have a military law issue in Wisconsin, follow these steps to protect your rights and interests:

1. Document your situation thoroughly, keeping records of any relevant correspondence or legal notices.
2. Contact your military legal assistance office or local Judge Advocate General's office for initial guidance.
3. If needed, consult with a civilian attorney who is experienced in military law and familiar with Wisconsin statutes.
4. Ask about eligibility for free or low-cost legal aid through local organizations or the State Bar of Wisconsin.
5. Reach out to your County Veterans Service Office for help with veterans benefits and appeals.
6. Take prompt action if facing a court-martial, administrative proceedings, or civil case deadlines.

Every case is unique, and specialized legal advice can make a significant difference in the outcome. Do not hesitate to seek help if you are facing a military-related legal issue in Wisconsin.