There are some differences between Military Criminal issues and the Military Administrative processes that should be recognized and understood by any service-member faced with defending themselves in the face of negative allegations. The reason that it is important to understand each facet of military procedure in this regard, is because very often one process will uphold and underline the other – for instance, an administrative issue could be used to ‘show-cause’ in a criminal matter.
What are the differences between Criminal and Administrative Military Appeals?
The underlying differences are statutory versus administrative in nature. Whereas criminal acts are punished under statutory law or regulation, administrative issues are not as clearly defined. The administrative process can be used to eliminate undesirable behaviors or persons from the military in ways that the statutory criminal avenue does not provide.
For this reason alone it is vital to have a highly skilled Military Criminal Defense attorney who will be able to assist and guide you through the process of defending yourself, and filing any appeals to which you may be entitled. John L. Calcagni is a former military prosecutor in the U.S. Army JAG Corps and Special Assistant U.S. Attorney with the U.S. Department of Justice. He is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut, and Florida.
Because there is less statutory procedure involved in the administrative process, there are far more chances for oversights and mistakes on the part of the administration, and while you may in fact, appeal a Military Criminal charge, there is no such formal appeal process on the Administrative side. Although it may be unintentional, the administrative process often avoids many of the regulations and guidelines instilled in the U.C.M.J. in attempts to discharge personnel from the military.
If you need help with a Military Criminal Defense or an Administrative Appeal, Mr. Calcagni is among the best in his field at ensuring that soldiers receive the fair and just treatment they deserve as members of the United States Armed Forces. Contact him now for a consultation regarding your appeal at (401) 351-5100.