FAQ

  • Military Criminal Defense FAQ

    • Why Should I Hire A Military Criminal Defense Attorney?

      In order to protect your military career, your freedom, your reputation, and your future, it is crucial that you have a dependable attorney representing you. When you have been charged with a crime or are facing administrative discipline, you are at risk of losing everything that you have worked hard to attain. With so much at risk, you need an experienced advocate on your side. Trying to go it alone and hoping for the best is a recipe for disaster.  

      Depending on the charges and what you are up against, a loss at a trial or a board hearing could result in:

      • Discharge from service

      • Loss of your retirement

      • Loss of military housing benefits

      • Loss of medical benefits

      • Loss of future opportunities

      • And more

      As you can see, the stakes are high, which is why you can’t afford to sit idly by. By enlisting the services of a skilled military criminal defense attorney you can improve the likelihood of being vindicated or lessen the penalties as much as possible. At John Malek Law Group, we will defend you every step of the way and provide you with valuable insight so you can make informed decisions. With our Attorney Malek having served on the field as a former JAG and military magistrate, you will have counsel that you can relate to and who has a deep knowledge and familiarity with the way the military justice system works. When you are in trouble, retaining our legal services is the wisest choice you can make.

    • How Does Hiring an Attorney Who Is a Former JAG Help Me?
      Military court functions much differently than civilian courts. By having an attorney with experience as a JAG, you are getting someone who understands the inner workings of the military justice system and how to effectively produce results. By using this extensive experience, we can have better control in the courtroom, and can more confidently use our negotiation skills to develop a defense that puts you in the best position possible for a positive outcome.
    • What Should I Do if I’m Being Investigated for a Military Crime?
      Each branch of the military handles crimes differently. The procedure can also vary depending on whether the offense is a minor one that might be handled non-judicially or through administrative discipline or a major crime that may lead to a court-martial trial. No matter which branch you serve in, you are entitled to retain an attorney to defend you and dispute the charges on your behalf. If an investigation is carried out, exercise your right to remain silent. Don’t make any statements, even if pressured to. You should not even respond to texts or calls about your situation with anyone. Conversations with friends, family, and loved ones about the matter may come back to haunt you. Investigators will be looking for any shred of damning evidence to use against you and can turn those you are close to into witnesses against you. The only one you should be speaking to is a dependable attorney you enlist to protect your best interests. At John Malek Law Group we will be your trusted advisor and strategically navigate you throughout the investigation with our legal counsel.
    • Can the military or law enforcement search my phone or computer?
      They can, but you have the right to reject any search or seizure of your personal property. Law enforcement will always ask for your consent first. While law enforcement is required to present a search warrant to be allowed to search such personal items, military law enforcement needs search authorization which can be issued by a military judge/magistrate or a commander.
    • I was notified that I tested positive for a drug. What should I do?
      Testing positive for drug use does not mean that you are guilty and convicted of drug abuse. By getting in touch with a knowledgeable criminal defense attorney, you can get the defense you need to clear your name and avoid severe consequences. We will work to find flaws in the case if you’re accused of using drugs and will not give up easily.
    • Do you only represent/defend military members in Idaho?
      No. While our offices are located in Idaho Falls, we can represent and have represented service members stationed in bases across the country and even overseas. We will travel to any base inside and outside the continental United States. Regardless of where you are residing or stationed, we can be your attorney and handle your case.
    • What types of military cases does your firm handle?
      John Malek Law Group defends services members of all ranks in court-martial cases, discharges, Article 15/Captain’s Mast cases, adverse administrative actions, investigations, sex offenses, and other types of misconduct accusations. Have another question you’d like us to answer regarding your unique case? Reach out to us at (208) 747-0053 or submit your question on our online form. A qualified Idaho Falls criminal defense lawyer will respond to you as soon as possible.
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