Defending Those Who Protect Our Country
At McCormack & McCormack, our Virginia Beach military lawyers fight to protect the legal rights of men and women who put their own lives at risk to defend the rest of us.
Members of the U.S. Armed Forces serve to protect and uphold the principles of the U.S. Constitution and the Bill of Rights, but unfortunately, their own rights are frequently trampled in the course of a military criminal investigation, court-martial or administrative separation proceeding.
This is especially true in military sex offense cases, where the rules are seemingly changing each year towards enhancing the “rights” of the alleged victim, at the expense of the due process rights of the accused.
How Our Virginia Beach Military Defense Lawyers Can Help
If you are charged with a criminal offense under the Uniform Code of Military Justice (UCMJ), defend the allegations against you by securing the professional representation of an extremely experienced and aggressive civilian attorney who has successfully fought against all branches of the military in countless cases.
Although you are entitled to an appointed military defense counsel once you are formally charged by your command, the appointed counsel is often an attorney with limited and sometimes no criminal litigation experience.
Types of Military Offenses
With the extensive support of our administrative staff and our highly experienced military paralegals, as well as the exhaustive preparation and aggressive courtroom representation which we invest in every case we represent, we regularly achieve outstanding results for our clients.
Some of the military cases we handle include:
- Sex Offenses
- Sexual Harassment and Fraternization
- Child Solicitation and Child Pornography
- Domestic Assault and Battery
- BAH and Travel Claim Fraud
- Drug Offenses – Positive Urinalysis
- Enlisted Administrative Separation
- Conduct Unbecoming an Officer
- Officer Show Cause Board of Inquiry
Why Hire a Military Criminal Defense Lawyer?
Criminal charges against military service members are usually handled in military courts – also known as courts-martial – instead of civilian courts. These courts are separate but have equal jurisdiction, which means that a military member could be tried in a court-martial, civilian court (state or federal), or both on rare occasions.
If you are a member of the United States military and have been charged with a crime, it is in your best interest to work with an attorney who is not only experienced in civilian defense but in military criminal defense as well.
At McCormack & McCormack, both of our attorneys have extensive experience defending military personnel in criminal cases. Attorney Greg D. McCormack served in the U.S. Army Judge Advocate General (JAG) Corps and has continued defending both military members and civilians since he left active duty in 1982.
Attorney Jarrett L. McCormack also has experience as an intern with the U.S. Navy JAG Corps and can provide capable defense for any military member facing the potential consequences of a criminal conviction.
Why Should I Choose McCormack & McCormack?
Our firm’s military justice background equips us to take on the challenges of fighting to defend your name and to win your case or secure the best possible outcome. Greg McCormack’s extensive experience practicing as both a prosecutor and defense lawyer while he was on active duty with the U.S. Army Judge Advocate General (JAG) Corps provided him with the foundation for his ability to defend countless military personnel from all branches of the Armed Forces.
Our track record includes the successful defense of thousands of court-martials and administrative separation/officer Show Cause Boards of Inquiry. Our military paralegal support staff retired from the military and have extensive military justice backgrounds.
It is crucially important that your defense attorney have a solid paralegal support staff. In today’s environment, many civilian attorneys practicing military law operate out of a “virtual office” space, which they share with numerous other attorneys when desk or meeting space is needed. Don’t be afraid to ask questions of any attorney you are consulting with – does he or she have a full time office and is there a paralegal support staff? If so, what is the paralegal’s background and experience.
What You Can Expect When Working with Us
When we take on a new case, Greg McCormack will fully evaluate the facts and evidence and provide our client with an honest assessment of the situation so that our client knows what to expect and so we can prepare the best possible defense against the charges.
Regrettably, many civilian defense attorneys who are being consulted will tell the potential client what he or she wants to hear. Greg McCormack will not do that – he will tell it as it is and not sugar coat things in an effort to secure his retention on your case. This is your life and your future, and you need an attorney who will be up front and honest with you, and prepared to do what is necessary to secure a complete dismissal or acquittal of all charges, or the best possible result on your case.
Greg McCormack is a skilled litigator who takes a no-nonsense approach in court and is well-known for conducting withering cross-examination of alleged victims and adverse witnesses at trial.
When Should I Contact a Military Defense Lawyer?
If at all possible, retain legal representation while you are still under investigation and before any court-martial charges or adverse administrative actions have been initiated against you so that we may be able to intervene and favorably resolve the situation. Agreeing to be interviewed by investigators can be a serious mistake that can have devastating impact upon the resolution of your case, so it is best to retain your military defense counsel as soon as you become aware of the investigation.
What Are the Penalties for a Court-Martial Conviction in Virginia?
If you have been accused of committing a military offense, upon conviction you will not only be facing a record of a federal conviction, but you may face a sentence to include:
- Substantial confinement
- Reduction in pay grade (if enlisted)
- Forfeiture of all pay and allowances
- Punitive discharge – Bad Conduct or Dishonorable (if enlisted); Dismissal (if officer)
- Sex offender registration (mandatory for conviction of any sex offense)
In most court-martials, there is one single factor that may determine the final outcome of the case, regardless of the quality and scope of the evidence: the experience and aggressiveness of the defense attorney. The experience and skill level of the defense lawyer may make the difference between the accused being able to continue his or her career, or ending up in confinement and facing a future of living with a criminal record and sex offender registration in sex offense cases.
Impact of a Criminal Conviction on Your Military Career
Conviction of a crime can have a detrimental impact on anyone's career, but particularly on a member of the military. The moment you are charged with a crime, your career progression is placed on hold. Even if you are not convicted of the offense with which you've been charged, you could miss valuable opportunities for advancement due to the legal process.
If you are convicted, you could face administrative separation action, which can result in a discharge characterization of "other than honorable" and ruin your chances of any future career as a service member.
Many civilian attorneys misunderstand military legal action and subsequent ramifications. For example, civilian lawyers commonly make the mistake of thinking that a deferral or first-offender disposition of a criminal charge will not affect the client's military status; however, for the purposes of administrative separation action, the military considers deferral or first-offender status to be equal to a conviction.
Our firm understands that, in many cases, a client's outstanding military career can be used to secure a more favorable result.
See Why We're the Right Choice
McCormack & McCormack has decades of combined experience and is proud to provide aggressive and capable criminal defense representation for those who defend our country. We are fully aware of the career consequences that your charges, not to mention a conviction, may have and will work relentlessly to expedite your case to a reduction or dismissal of your charges.
If you are an officer or senior enlisted member facing the loss of your career as a result of a Show Cause Board of Inquiry or administrative separation action, know that Greg McCormack has successfully assisted hundreds of clients in similar cases, saving their careers.
Along with a strong focus on successful results, the entire team at McCormack & McCormack is committed to providing our clients with the exceptional legal service that they deserve. When we agree to represent your case, we will take the time to build a trusting attorney-client relationship. In doing so, we believe that we will be better prepared to address the unique circumstances of your case and provide you with the personalized guidance that you will need during this difficult time. To fulfill this promise to our clients, we have employed an extensive support staff of highly experienced paralegals. By ensuring that each and every case receives the attention that it needs, we have found that our clients feel comfortable in the hands of our dedicated team.