Nationwide Military Criminal Defense Attorney
Orders Violations & Dereliction of Duty UCMJ
Orders violations and the charge of dereliction of duty fall under UCMJ, Articles 90, 91 and 92. Penalties for orders violations can include forfeiture of all your pay and allowances, confinement for up to 2 years and discharge for bad conduct. Maximum punishment for dereliction of duty, outside of a combat situation, is loss of all pay and allowances, dishonorable discharge and confinement. In times of war, an individual can receive the death penalty. The need for an accomplished nationwide military criminal defense lawyer in such situations may be obvious, but your chose of attorney may not be.
The founding attorney of The Law Offices of Haytham Faraj, PLLC is a well-known and respected Marine veteran of 22 years. He is the only lawyer to try 3 major war crimes cases and be victorious in each one. These cases include the Hamdaniya war crimes trial at which all service members pled or were found guilty except his client and one other. In the Haditha war crimes case his client was, at first, accused of murdering 24 people and this proceeding ended with an acquittal. He was also counsel for a Navy Seal in a high profile detainee abuse case that resulted in acquittal as well.
Conviction for orders violations or dereliction of duty can end your career and make the years ahead extremely difficult. The first step towards a positive conclusion to your case is obtaining an attorney with the military criminal defense experience and proven record required to help you.
More About Orders Violations & Dereliction of Duty UCMJ
General orders violations and other lawful orders violations are the 2 types of charges that military personnel can face. Violation of a general order is the more serious offense. In any of these cases, a prosecutor must be able to prove that you knew an order was in effect or had knowledge of it, that you had a duty to obey it and that you violated the order or failed to obey it.
In dereliction of duty, it must be shown that you had specific responsibilities, that you knew or realistically should have known of these duties and that you either were negligent or willful in failing to carry out your obligations.
Each of these areas can be a vulnerable point in a prosecutor’s case that an experienced attorney can develop and exploit. In order to prevail against the charges, it is important to begin investigation and preparation of your case quickly. To understand the charges you face and what can be done in your defense, please contact an attorney from the firm today for assistance.