South Carolina Military Criminal Lawyers

South Carolina Military Criminal Lawyers: Defending Service Members in Court Martial and Military Justice Cases

Military service members in South Carolina face unique challenges when dealing with criminal charges. The military has its own justice system, the Uniform Code of Military Justice (UCMJ), which handles crimes committed by service members. This means that military personnel accused of crimes are not tried in civilian courts – instead, they face courts martial and military tribunals. Having an experienced military criminal defense lawyer can make all the difference.

This article provides an overview of military criminal law in South Carolina and how a dedicated defense attorney can protect the rights of accused service members. We’ll cover common crimes charged, the military justice process, potential consequences, and legal defenses. Our goal is to educate service members and their families so they know their rights and can make informed decisions if facing military criminal charges in South Carolina.

Common Military Crimes in South Carolina

Some of the most common crimes service members face court martial for in South Carolina include:

• Drug offenses – Use, possession, distribution, etc. of illegal drugs
• Sexual assault – Rape, sexual abuse, harassment, etc.
• Domestic violence – Physical abuse, threats against a spouse/partner
• DUI/DWI
• Absent without leave (AWOL) or desertion
• Disrespecting an officer or disobeying orders
• Larceny – Theft of military property

These are just a few examples. The military justice system handles any crime committed by active duty personnel under the UCMJ. Offenses unique to the military, like going AWOL or disobeying orders, can only be charged under the UCMJ.

How Military Justice Works in South Carolina

When a service member is accused of a crime in South Carolina, here is how the military justice process typically works:

1. Investigation – Military police or command investigates the allegations
2. Charges – If evidence warrants, the member’s command prefers charges under the UCMJ
3. Article 32 Hearing – A preliminary hearing to determine if a court martial is warranted
4. Court Martial – The military equivalent of a civilian criminal trial
5. Sentencing – Punishments can include jail time, demotions, discharge, etc.
6. Appeals – The member can appeal the verdict or sentence through the military courts system

At any point in the process, an experienced military defense lawyer can stand up for the accused service member’s rights and negotiate for a favorable outcome. In many cases, charges can be lessened or even dismissed with effective representation.

Consequences of a Military Conviction

The punishments handed down by military courts can be severe and follow a service member for life. Potential consequences include:

Christine Twomey

2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Prison time in a military confinement facility
• Dishonorable or bad conduct discharge – Permanently mars military record
• Loss of rank/pay
• Barred from reenlisting
• Sex offender registration
• Felony conviction on civilian record

These outcomes can destroy military careers and impact civilian lives long after completion of sentence. An experienced court martial lawyer will fight to avoid or minimize punishments.

Defending Against Military Criminal Charges

South Carolina military defense attorneys use a variety of legal defenses to fight court martial charges, such as:

• Unlawful command influence – When a senior officer unfairly forces prosecution
• Unlawful search and seizure – When evidence was obtained illegally
• Self-defense – Legally protecting oneself from harm
• Lack of criminal intent – The accused did not mean to break the law
• Mistaken identity – The wrong person is being prosecuted
• Mental health defenses – The accused has a condition impairing judgement

An experienced lawyer will carefully examine the facts of the case to build the strongest defense strategy. In many cases, charges can be dismissed before a case ever goes to trial due to rights violations or lack of evidence.

Why Hire a Military Lawyer?

Military cases are complex and very different than civilian courts. Here are key reasons to hire a civilian military defense attorney rather than rely on a free military lawyer (JAG):

• They are independent from the military chain of command
• They have specialized expertise in military law and procedure
• They can build attorney-client privilege and confidentiality
• They have freedom to fully investigate the case and interview witnesses
• They can negotiate aggressively with military prosecutors

While JAG lawyers do their best, they ultimately work for the military. Civilian military attorneys are the best choice for an unbiased, vigorous defense in a court martial case.

Leading South Carolina Military Defense Law Firms

If you or a loved one are facing military criminal allegations in South Carolina, it’s critical to have an experienced defense lawyer. Here are some of the top-rated military law firms in the state:

• Gonzalez & Waddington – Highly rated nationally with offices in Columbia, SC. Defends courts martial worldwide. Learn more.
• Hanzel Law Firm – Based in Mt. Pleasant. Attorney Michael Hanzel is a military veteran and former JAG. Learn more.
• Crisp and Associates – Army court martial defense firm based in Columbia, SC. Free consultations. Learn more.

The lawyers at these firms have the experience, skills, and dedication needed to build the strongest possible defense in your military case.

What to Do If You’re Facing Court Martial

Here are important steps to take if you are a South Carolina service member dealing with military criminal allegations:

1. Remain silent – Do not admit to anything or make statements before consulting with counsel.
2. Hire an attorney – Retain experienced civilian military defense counsel as early as possible.
3. Follow advice – Listen to your lawyer’s guidance at every stage.
4. Cooperate – Help your attorney build the best case so they can defend you.
5. Stay positive – Keep faith in your lawyer’s efforts to protect your rights and future.

With an aggressive defense and the best possible representation, many service members are able to avoid convictions or receive lenient sentences. Don’t go through the military justice system alone – protect yourself with counsel.

Why South Carolina Military Defense Lawyers Can Help

Navigating the military justice system and confronting criminal allegations is scary. South Carolina military defense attorneys bring critical benefits to the table for accused service members, such as:

• Guidance on your rights under military law
• Thorough investigation of the allegations and evidence
• Aggressive defense strategies to fight the charges
• Negotiating with military prosecutors for a favorable outcome
• Presenting the strongest case possible at trial if necessary
• Ensuring fair procedures are followed throughout the process
• Avoiding or minimizing potential jail time and punishments

In addition, the emotional support and advice of a dedicated lawyer can help relieve stress and anxiety during the ordeal. Defending against military criminal allegations is extremely difficult without experienced legal counsel.

Protect Your Future with a Top Military Defense Lawyer

Military service members in South Carolina deserve the strongest possible defense against criminal charges under the UCMJ. The consequences of convictions can ruin lives and derail careers. Fight back by hiring an aggressive and knowledgeable military defense lawyer to protect your rights and future. They have the expertise to build the best case and achieve the best possible outcome against court martial charges.

Don’t leave your fate in the hands of military prosecutors or inexperienced counsel. Contact a top rated South Carolina military defense attorney today for help protecting everything you’ve worked for in your service. With your freedom and career hanging in the balance, you need the best lawyer you can get – and you deserve nothing less.