Waiving Military Pay Forfeiture
Protection from Forfeiture in the Military
Searching for a military lawyer for protection from forfeitures? The sentence in a court martial will typically include a forfeiture of pay, and if you have received this punishment you should not wait to contact a seasoned military law lawyer from Dishman Military Advocates. We can investigate your trial and the ruling in your case to help you find the most effective way to challenge the sentence.
Brent has spent his entire adult life either on active duty or defending military members in cases similar to yours, and our firm is dedicated to protecting the rights of those who serve our country. We know how important your pay is for your future, especially if you have a family to support. You have a right to appeal the decision in your case. Fill out our online case evaluation form now for the aggressive legal representation you need.
A summary court martial has the authority to impose up to two-thirds of one month's pay. A
special court martial can order a forfeiture of two-thirds of your pay for up to a year. As the most senior form of military judicial proceeding,
general courts martial have the discretion to direct a forfeiture of all pay during a period of confinement.
The Uniform Code of Military Justice (UCMJ) empowers the convening authority of a court martial to waive a pay forfeiture for up to 6 months in cases where the convicted service personnel has dependent family members. Factors that will influence the decision to waive forfeiture include the number of family members and their ages, their ability to find employment and debts owed by the family.
Military Law Attorney Fighting Forfeiture
Looking for a military law lawyer for protection from forfeitures? The most effective way to defend against having your pay forfeited is to get started on your defense as early as possible. If we can begin working with you well before your Article 32 investigation, your chances of a successful outcome in the case will be much better than otherwise, but you have options even when the case has already been decided. A well-prepared
clemency request to the convening authority could reverse the forfeiture, and we can also represent you in filing a
court martial appeal to the next higher court if necessary.
Contact military attorney Brent Dishman for zealous legal protection during your case when your pay has been threatened with forfeiture.