If you are charged with an offense in the military and your career and/or reputation are at stake, we are here to help. Mr. Detzky served in the United States Navy Reserve Judge Advocate General’s Corps. for 30 years. He retired as a CAPTAIN in January 2013 and was awarded the Meritorious Service Medal, Gold Star in Lieu of Second Award by the President of the United States. He was the Commanding Officer of the Naval Reserve Appellate Review Activity which examined the records of Sailors and Marines who had been convicted at Courts Martial for legal impropriety and errors. Although the military will provide servicemembers facing a court-martial or administrative separation proceeding with uniformed defense counsel at no charge, it is often advantageous to consider retaining civilian counsel to represent you in addition to the attorney who is detailed to your case by the military. Mike Detzky, has more than 30 years’ experience as both a Navy Judge Advocate and civilian defense attorney which can be a distinct benefit to you. He brings the unique ability to be able to look at your case from the perspective of a retired senior officer and experienced defense attorney. Contact Detzky, Hunter & DeFillippo, LLC to discuss your legal matter.
Discovery and investigation under Article 32
Mr. Detzky has significant experience representing clients who face an investigation under article 32 of the Uniform Code of Military Justice. Similar to a civilian Grand Jury proceeding, it is here that military will assess the facts of the case to determine if a crime has been committed and by whom and which level of court-martial the matter should be referred to. An investigation under Article 32 demands the attention of a seasoned and zealous attorney that can protect your rights through this process and work towards downgrading the charges or getting them dismissed altogether.
Mike Detzky has represented clients in various court-martial cases, criminal trials for service members facing charges described in the Punitive Articles section of the Uniform Code of Military Justice. These crimes can include, but are not limited to:
- Sexual assaults and rape
- Intoxication on duty
A conviction of these crimes can have a serious impact on a person’s future, including confinement, a reduction in rank, a forfeiture of pay, and more. It is important to retain the services of an experienced attorney that can employ all defenses to protect you.
Absence Offense (AWOL & Desertion DEFENSE)
Those who fail to report for duty or desert their post in battle may be charged with being absent without leave (AWOL). The military takes these cases seriously. A person could be dishonorably discharged and even face harsher penalties for their actions. Mr. Detzky has represented servicemembers in some cases where they were absent for more than 20 years and successfully negotiated outcomes where they received no confinement. These cases deserve a strong defense. If you are court-martialed because of an absence charge, our firm is ready to assess your situation and provide you with the effective representation you will need.
You are entitled to appeal a ruling under the Uniform Code of Military Justice. Your counsel will need to demonstrate the appropriate grounds for the appeal. There are numerous grounds to appeal a military court case, including the failure to gather evidence properly, factual errors, abuse of authority, and procedural violations. Mike Detzky was the Commanding Officer of the Naval Reserve Appellate Review Activity which examined the court-martial records of Sailors and Marines who had been convicted at Courts Martial for legal impropriety and errors. He stands ready to bring that experience to work for you.
There are numerous violations that do not constitute a court-martial case. Nevertheless, these cases can be detrimental to your reputation and future employment prospects. Adverse administrative actions can be a reality for minor offenses, such as petty theft, providing false information, disobedience, and more. Adverse administrative actions can include:
- Non-judicial punishment
- Adverse performance reviews or evaluation reports
- Revocation or denial of promotion
- Letters of reprimand
It is important to retain defense against these charges. Even though they are not criminal, your military career and reputation can be adversely affected.
The characterization of your discharge from the military may have a significant impact on your eligibility for veteran’s benefits, civilian job prospects, and your reputation. If you received less than an Honorable Discharge, both the discharge review boards of the respective service components or, in some cases, the board for correction of military records handles these matters and you may be able to apply for a discharge upgrade. Besides court-martials and other-than-honorable discharges, the Boards are open to requests for modifications to the reason for a discharge or upgrade general charges. Most people have about 15 years from the date of the discharge to request an upgrade.
CONTACT A FORMER JAG OFFICER WHEN FACING SERIOUS MILITARY LAW CHARGES
If you are facing a court-martial or other legal action, contact Detzky, Hunter & DeFillippo, LLC. Our firm’s partner, Michael L. Detzky, Esq. is retired Captain in the United States Navy Reserve Judge Advocate General’s Corps. He is thoroughly familiar with military justice and, more significantly, how it differs from civilian criminal procedures. Equipped with years of experience as an attorney and a service member, he and the team at Detzky, Hunter & DeFillippo, LLC are ready to represent you. These matters are serious. They deserve a serious attorney. Contact Detzky, Hunter & DeFillippo, LLC for a consultation to discuss your legal matter.