Military Law
Virginia Beach Military Law Lawyer
Dedicated Defense for Military Personnel in Norfolk
As a person who has sacrificed your time, health, and well-being in defense of our country, it can be bewildering and demeaning to be accused of a military crime. In such a scenario, you need a military law attorney in Virginia Beach who knows the ins and outs of the system and can maneuver around the boundaries constricting your case so that you can receive fair and honorable treatment.
Whether you are a veteran or involved in active service, you will require a dedicated lawyer to support you through this traumatic time. When it comes down to it, no normal lawyer could ever understand exactly what you are going through. However, here at Hallauer Law Firm, we are highly experienced at specifically defending military personnel, having served military clients for over two decades. Our own attorney has military experience as a JAG.
Call us today at (757) 474-0089 to get in touch with our qualified military defense lawyer in Norfolk. We also serve clients in Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth.
Types of Military Cases We Support in Virginia
We serve our clients by defending them against court martial cases, administrative separation boards, and even boards of inquiry. As a member of the military, you have the right to choose your own attorney if you are forced to face this. Unfortunately, however, the defense attorneys which the military provides are usually not very experienced, and quite new to understanding general law practices and codes, let alone those specific to military concerns.
Some of the areas where we have proven success in defending our clients include:
- Court Martial – There are three primary types of court martial: general, special, and summary. Depending on the context of your case, you might be tried at one over the other, though in certain instances, the accused is even called to stand at joint jurisdiction – meaning that two or more jurisdictions can seek to give a trial. Due to the complications involved in various court martial, you will want to avoid the basic defense attorney package that comes with the military. Instead, you get to obtain the aid of a seasoned court martial lawyer, because not only are your health, well-being, and career on the line, but so is your freedom and liberty. You owe yourself this critical step of obtaining the most qualified form of legal support and representation.
- Administrative Separation Boards – In certain scenarios, the military may request you to leave the service on a charge of misconduct. It is important to recall that you are entitled to a trial held before other members of the military to prove whether this discharge is warranted, or whether it is unnecessary. Even if you are required to leave, your nomination of discharge could be assigned as “Honorable,” “Other than honorable,” or “General under honorable conditions.” It is important to seek the most positive discharge possible, as a negative outcome could severely affect the rest of your life, particularly regarding employment opportunities.
- Board of Inquiry – While a board of inquiry, which is essentially an administration board for officers, may not seem as severe as a court martial, it can also be very damaging to your ranking as well as your present and future career. Commissioned officers who have been accused should protect their rights by having an experienced lawyer preview the allegations and examine approaches of defense against these false accusations.
Hallauer Law Firm, Dedicated to Serving Our Veterans
If you are seeking a military law attorney in Virginia Beach, this is because the system designed to protect those who have sacrificed the most has unfortunately failed. Our attorney, who also comes from generations of military personnel, is absolutely committed to giving you the fair opportunities you deserve.
Contact us today online or at (757) 474-0089 for a free consultation with our dedicated Hallauer Law Firm.
Administrative Separations
Virginia Beach Administrative Separation Lawyer
Rely on Our Norfolk Military Attorney for Aggressive Defense
Administrative separation refers to the way that members of the military are involuntarily terminated or fired from their duties and service of employment. If a member of the military has been appointed to receive these terms of separation, two aspects must be determined. Firstly, the court must see whether the allegation is warranted in such a severe measure as complete separation. Next, the marshal must decide what are the terms of such severance, meaning whether the member will be discharged as “Honorable,” “General Discharge Under Honorable Conditions,” or “Other Than Honorable.”
Depending on the type of separation, a victim will not only be subject to grave disappointment, sorrow, and frustration, but will also have to deal with other long-term consequences, including loss of pay and lack of benefits both for the present as well as for the future, that he or she might have expected as a veteran. This severe measure of punishment also affects the accused’s ability to gain another employment opportunity, and brings undeserved shame, anger, and trauma to someone who has served our country with such faithfulness. If you are seeking an administrative separation attorney in Virginia Beach, consult with Hallauer Law Firm today.
Call us now at (757) 474-0089 so that you can successfully contest wrongful administrative separation charges, or contact us online. We’re proud to serve Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth.
Basis of Administrative Separation
There are several ways that an accused might be nominated for involuntary separation. While these laws are designed to protect officers, in cases of wrongful accusation, they can cause significant damage.
The most common references for involuntary separation include:
- Acts of criminal conduct made in military or civilian contexts
- Continual patterns of misbehavior and disrespect
- Use of illegal drugs
- Failure to perform duties on account of moral or professional discrepancies
- Inability to meet demands for physical fitness or requirements of weight, height, and internal health.
Rights During Administrative Hearings
Our top priority is, of course, to completely dismiss the charges, since the allegations can have such severe long-term effects upon a victim who has been wrongfully accused. However, even if the severance is still taking place, the alleged has several rights they are entitled to. Military members not only have the right to be represented by an attorney of their choice, but they also get the ability to be present at the hearing and to challenge the witnesses and evidence for themselves.
Self-Testimony & Professional Advocacy
The alleged also has the right to testify or otherwise refuse testimony on his or her own behalf, and unlike other normal court systems, can produce arguments in their own defense. It is important to realize, however, that self-representation does not always work and can even backfire. This is why having a knowledgeable administrative separation lawyer in Virginia Beach always works to your advantage. Our experienced attorney at Hallauer Law Firm can provide the vigorous advocacy you need to win your case.
Contact us now at (757) 474-0089 for a free consultation. Our Virginia Beach military law attorney can help combat administrative separation in Norfolk.
Board of Inquiry
Virginia Beach Board of Inquiry Attorney
Representing Military Personnel in Norfolk & Beyond
Facing a legal accusation in the military can feel like a harsh blow to anyone serving our country, but especially to those who have been sacrificing their time, labor, and lives for a number of years. If you are being accused of a military crime but have been an officer for at least six years, you are entitled to a special court hearing called the Board of Inquiry. During this hearing, you will be presented with the opportunity to defend yourself against allegations and advisement of termination, demonstrating that the accusation is untrue or unfairly biased, or a minor act that does not deserve such harsh punishment. You will also be able to display the strength of your character, your excellence in performing your duties, and the extent that you have served our nation faithfully.
In such a scenario, it is essential to have a Board of Inquiry lawyer in Virginia Beach who knows the intricate dealings of both military and criminal law, and can offer you the most successful tactics in attacking the allegations made against you. At Hallauer Law Firm, our attorney has proven experience in eliminating or diminishing the consequences of administrative severance, so that you get the justice you deserve. We’re proud to serve those in Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth.
Call today at (757) 474-0089 to find out about your entitlement to fair recompense in Norfolk, or contact us online.
Due Process for the Board of Inquiry
During the Board of Inquiry, you will appear in front of a panel, including both senior and enlisted officers of high rank, who will listen to the particulars of your case before deciding what action to take. In the panel, it will have to be proven that the alleged misconduct or evidence of physical disqualifications is accurate, and whether these disqualifications deserve to be so harshly punished through complete severance. Should severance be deemed necessary, the court will also determine whether the discharge counts as “Honorable,” “Other than honorable,” or “General under honorable conditions.”
Reasons for Discharge
There are several reasons why an officer might be relegated to a Board of Inquiry, and it is important to know the distinctions so that your attorney will be able to determine the best course of action. Depending on the circumstances of the allegation, you may be able to more easily dismiss the case or decrease the course of penalty.
Some examples of cases which we have successfully dismissed include allegations of:
- Minor infractions
- Unauthorized absences or absence without leave (UA and AWOL)
- Misconduct at a military base
- Physical illness or condition that would affect one’s service
- Inability to meet fitness standards
- Mental instability
- Fraternization
- Charges of being overweight or underweight
- Abuse of drugs, alcohol, or other substances
- Convictions of civilian infractions
- Charges within state or federal courts
- Claims about “the good of the service”
Experienced in Military Matters
During this inquiry, it is important to realize that you will appear in front of a panel of high ranking, seasoned officers, who are very accustomed to these kinds of procedures. Unfortunately, the basic government attorneys authorized for these cases are usually not so high-ranking and are unfamiliar with the details of counsel for such complex situations. This is why it is critical to directly approach our Board of Inquiry attorney in Virginia Beach, who is especially trained for these kinds of cases and uses his experience as a JAG to help.
Contact us now at (757) 474-0089, so that Hallauer Law Firm can offer you a free consultation.
Court Martial
Virginia Beach Court Martial Attorney
Defense Against Different Types of Court Martial
It is essential to understand the different categories with the distinct types of penalties for each type of court martial system. This way, you and your Virginia Beach military law attorney can be prepared to come up with the best approach to defend your case.
The three primary types of court-martial include:
- General court martial – This is the most severe of the three courts, and involves a judge, defense counsel, as well as up to eight other members, all from the military. For a general court martial, you may receive confinement or a reduction in your ranking status. Even worse, you may be dishonorably discharged, dismissed, or even be at risk of death in severe cases.
- Special court martial – This type of court martial could be categorized as an “intermediate” level, and the accused may either appear before a small panel or before an individual military judge. A special court martial can still result in confinement, though the length of time is capped at twelve months, as well as the demand to forfeit pay. In some cases, the alleged may still be forced to be dishonorably discharged or receive reductions in their ranking.
- Summary court martial – While a trial in a summary court martial context is much less severe than either a general court martial or a special court martial, the hassle of being tried for minor misconduct is not only very inconvenient, but also still can have damaging effects on your mental, emotional, and physical health.
Call us now at (757) 474-0089 to discover how our court martial attorney in Norfolk can support you in receiving the justice you are entitled to, or contact us online. We’re pleased to help clients with their legal matters in Chesapeake, Hampton, Newport News, Suffolk, and Portsmouth.
Why You Need Tenacious Military Legal Representation
The charges that you will have to face in whichever court martial system you are placed in will most likely be aggressive and forceful. Therefore, it is time to take pro-active measures by seeking the most direct defense possible with our tenacious court martial attorney in Virginia Beach. This way, you will be far more likely to have your repercussions limited in nature and length, or even have your charges dropped altogether.
If you have been wrongfully ordered to be court-martialed, you are most likely undergoing an entire host of overwhelming emotions: fear and sadness, anger at being mistrusted, and frustration that as someone who has dedicated their lives and labor to serving this country, you are not given the decency you deserve. During such times, it is easy to feel like you are completely isolated and might be hopeless about the situation.
However, if you contact a Virginia Beach court martial lawyer, you can face the firefight with a worthy guardian by your side. Remember that you are not on your own, since our highly experienced court martial attorney can support you in defending you against false or misleading accusations. It is important to get in touch as soon as possible with Hallauer Law Firm, as court martials can severely damage your current ranking and status, as well as future promotions or career opportunities. Our own attorney has years of legal experience and has served in the military himself.
Contact us now at (757) 474-0089 so our well-versed Hallauer Law Firm attorney can tackle the justice system and bring you true justice.
A Navy Lawyer in a Navy Town Meet Attorney Scott F. Hallauer
Scott Hallauer is a seasoned trial attorney based in Virginia Beach, with a distinguished background as a former prosecutor and a Reserve Navy JAG Corps Officer. He brings decades of legal experience, offering dedicated representation in criminal defense, family law, traffic matters, personal injury, and military law. A graduate of Loyola University School of Law, Scott began his legal career in the Navy JAG Corps and later served as a prosecutor in Norfolk and Virginia Beach. Since founding his own firm in 2006, he has used his deep courtroom experience to defend clients across the Tidewater region. CAPT Hallauer continues to serve in the Navy Reserve and has earned multiple military honors for his service.
Put Your Case in Our Hands
Four Reasons to Choose Hallauer Law Firm
28 Years of Experience
Our lead attorney has over two decades of experience helping clients throughout Hampton Roads.
Reserve JAG Officer & Former Prosecutor
Attorney Hallauer's unique experience as a JAG Officer and Prosecutor offers a strategic advantage to his clients.
Military Discounts
As gratitude for their service, we offer discounts to all military members, dependents, and veterans.
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Your initial consultation is always free and confidential.
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