Comprehensive Defense for San Antonio Military Personnel: Active Duty, Veterans, and Students Facing Criminal Charges
When Your Service, Career, and Freedom Are on the Line
At Barton & Associates, we understand that a criminal allegation is more than a legal problem—it’s a threat to everything you’ve sacrificed to build. For active-duty service members, veterans, and military students, the stakes are exponentially higher. A civilian criminal charge can trigger simultaneous military disciplinary proceedings, jeopardize your security clearance, end your military career, and strip away hard-earned benefits and pensions. In this high-stakes arena, you need more than a standard criminal defense attorney; you need a legal team with specific expertise in the intersection of military justice and civilian law.
Our nationally recognized defense attorneys serve as a strategic shield, protecting your rights in both civilian courts and before military command. We are dedicated to defending those who have defended our nation, ensuring that one allegation does not erase a lifetime of service and dedication.
The Unique Dual Threat: Civilian Court and Military Consequences
Most civilians facing criminal charges navigate a single legal system. For military personnel, an arrest can initiate two separate and devastating processes:
1. The Civilian Criminal Case: This proceeds in state or federal court like any other criminal matter, with potential penalties including incarceration, fines, and a permanent public criminal record.
2. The Military Consequences: Parallel to the civilian case, your command will initiate its own proceedings. These can include:
- Article 15 (Non-Judicial Punishment): Command-level discipline that can result in reduction in rank, forfeiture of pay, extra duty, and restriction.
- Administrative Separation: A less-than-honorable discharge (General, Other-Than-Honorable) which permanently affects your veteran status, benefits (GI Bill, VA healthcare, disability), and future employment.
- Court-Martial: Formal military prosecution for violations of the Uniform Code of Military Justice (UCMJ), even for off-duty conduct.
The most critical mistake you can make is assuming these systems are separate. Prosecutors and command often share information. A plea deal in civilian court can be used as admission of guilt in military proceedings. Our defense strategy is always bifocal, designed to secure the best possible outcome in both arenas from the very first day.
Our Specialized Defense Strategies for Military Clients
1. Pre-Charge Intervention & Command Liaison
Often, the best defense begins before formal charges are filed. We act immediately to conduct a private, privileged investigation, gather exonerating evidence, and present a compelling case to civilian prosecutors to decline filing charges. Simultaneously, we can—with your authorization—engage in protected communications with your command or Judge Advocate General (JAG) office to advocate for the matter to be handled administratively or to mitigate preliminary disciplinary actions, always protecting your rights under Article 31 of the UCMJ.
2. Security Clearance Defense & Safeguarding Your Career
For many military professionals, a security clearance is synonymous with career viability. We integrate clearance preservation into every aspect of your defense. We advise on mandatory reporting requirements and craft responses to Letters of Intent (LOI) to deny or revoke clearance from the Department of Defense Consolidated Adjudications Facility (DoD CAF). Our goal is to present a mitigating narrative that preserves your trustworthiness and national security standing.
3. Strategic Negotiation with Dual-System Awareness
Negotiating a plea agreement in civilian court requires expert knowledge of its automatic military repercussions. We negotiate not only for reduced charges or sentencing but for specific terms that can positively influence the parallel military case, such as agreements that specify the conduct does not constitute a “crime of moral turpitude” or that support retention of benefits.
4. Veterans’ Benefit Preservation
For veterans, a criminal conviction can trigger a VA benefits review, potentially leading to reduction or termination of disability compensation, pension, or education benefits. We work in consultation with VA accreditation specialists to structure defenses and resolutions that minimize this risk, protecting the benefits you earned through your service.
5. Expungement & Record Sealing for a Future After Service
A conviction can haunt your post-military career. We pursue all avenues for expungement, sealing, or set-aside of convictions (where state law allows) and advise on and assist with applications for Certificates of Relief and Pardons to restore your rights and improve future opportunities.
Common Charges We Defend for Military Personnel
Our attorneys have a proven track record defending against the full spectrum of criminal allegations, with particular focus on charges that disproportionately impact military members:
- Domestic Violence & Assault (Article 128 UCMJ parallels): These charges carry severe consequences under the Lautenberg Amendment, prohibiting firearm possession—a potential career-ender for many military occupational specialties.
- DUI / DWI & Substance Offenses: Beyond fines and license suspension, these can indicate a “substance abuse problem” mandating administrative separation.
- Sexual Offenses (Article 120 UCMJ parallels): Allegations that are aggressively prosecuted in both systems and carry lifelong sex offender registration.
- Financial Crimes (Larceny, Fraud, Bribery): Crimes of dishonesty are viewed as particularly incompatible with military service and trust.
- Firearms & Weapons Charges: Often stemming from confusion over compliance with state laws while on Permanent Change of Station (PCS) orders.
- Cyber Crimes, Stalking, & Communications Offenses: Involving online activity that may be charged under both civilian computer fraud statutes and UCMJ articles.
The Barton & Associates Difference: Why Choose Our Firm?
1. Deep Dual-System Expertise: Our lead attorneys have decades of combined experience not only in high-stakes criminal defense but also in navigating the specific culture, procedures, and pressures of the military justice system. We speak the language of both the courtroom and the command.
2. A Former JAG Officer on Our Team: We have the unique insight of a former Judge Advocate General (JAG) officer in our firm who provides invaluable strategic perspective on command mindset, UCMJ procedure, and administrative separation boards.
3. Nationwide Practice Focused on Key Bases: While headquartered in [City, State—Location of Barton & Associates Main Office], we maintain a practice focused on defending servicemembers stationed at or near major installations across the country, and we are adept at representing clients remotely and coordinating with local counsel when required.
4. Veteran-Owned & Committed to Service: We are a veteran-owned firm. Our commitment to the military community is personal. We are not just your attorneys; we are your advocates who honor your service by fighting to protect it.
5. Clear, Consistent Communication: We ensure you understand every step of both your civilian and military proceedings. You will never be left in the dark about how a decision in one case affects the other.
Immediate Action Steps: What to Do If You Are Arrested or Under Investigation
- Invoke Your Right to Remain Silent. Politely state, “I wish to remain silent and I want to speak to an attorney.” This applies to both civilian law enforcement and your commanding officer or NCIS/CID agents. Article 31 grants you the same right in the military context.
- Do Not Discuss the Case. Do not talk about the incident with fellow servicemembers, friends, or family. These conversations are not protected and can be used against you.
- Contact Barton & Associates Immediately. Time is your most critical asset. The earlier we intervene, the more effectively we can shape the narrative, protect evidence, and advocate on your behalf to both civilian and military authorities.
- Document Everything. Write down a detailed timeline of events, including names of potential witnesses, while your memory is fresh. Share this only with your attorney.
- Comply, But Do Not Consent. Follow lawful orders from command regarding restrictions or duties, but do not consent to any searches of your property, phone, or computer without a warrant or consulting your attorney.
Your Service Demands a Vigorous Defense
You swore an oath to protect and defend. Now, it is our turn to protect and defend you. The combined force of the civilian and military justice systems requires a defense of equal strength, sophistication, and dedication.
Contact Barton & Associates Today for a Confidential, Strategic Consultation
Do not face this dual threat alone. The moment you suspect an investigation or face an arrest, call Barton & Associates, Attorneys at Law at 210-500-0000 or fill out our secure online contact form. We offer urgent 24/7 response for active-duty members. Your initial consultation is completely confidential and protected by attorney-client privilege. We will analyze your situation, outline your immediate risks, and chart a definitive path to protect your freedom, your career, and your future.
Barton & Associates: Defending the Defenders.
Main Category: Criminal Defense
Practice Area Category: Military, Professional or Student
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
