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Can Enlisted Military Members Post Bail?

Feb 18, 2021Bail Bond Information, Blog, Legal Tips

Becoming an enlisted military member in the United States comes with prestige. Although the position attracts several benefits such as health insurance, retirement pension and education benefits, it has its drawbacks, especially if you are arrested for committing a crime. If you are an active military member, things are slightly different after an arrest compared to the civilians.

But what will you do once you/ or your loved one, who is an enlisted service member, is arrested? Can a bond dealer help, and how is the military judicial process different from the civilian?

Can I Post Bail After Arrest?

If you’ve been arrested for a crime off-post or off-base, don’t write yourself off, even soldiers make mistakes. What you need is excellent legal representation.

Some military member’s legal process takes place in a civilian court-that depends on the crime. In this case, you are subject to the same paperwork, prosecution, and bail hearing as public members. Besides, the Uniform Code of Military Justice allows you to seek assistance from a bail bondsman.

So, after the arrest, get in touch with a bail bondsman to facilitate your release from custody as soon as possible. That way, you’ll have ample time to prepare for the court hearing.

What does the Military Code of Conduct Entail?

In the United States, all enlisted members of the military are under the Uniform Code of Military Justice (UCMJ). After World War II, the Congress created UCMJ code to form a uniform and fair criminal justice system for all military branches.

UCMJ Criminal Code has similar crimes with the civilian law. These are crimes such as assault, robbery, rape and murder. Also, it has military-based offences such as insubordination and AWOL. It outlines the punishment a military member is entitled to after committing any of the crimes.

Most important is that it provides military members with procedural rights. For instance, they are entitled to a free military defense lawyer, a civilian defense lawyer (at the service member’s expense) right to a fair trial and right to post bond.

What Happens After the Arrest of an Enlisted Military Member?

The location of the incident

What happens to you mainly depends on the location of the incident. If you committed a crime while on base, you are subject to military prosecution. For example, if you are charged with a Driving under Influence offence, you’ll be answerable to a military court.

Such an offence is considered severe, and you could be in trouble with both the unit and the state. Your unit will discipline you for such things as disorderly conduct charges, confinement to base and substance abuse, while the state will charge you for the DUI offence.

Most crimes that happen off-base are subjected to State military trial over civilian proceedings. Crimes like rape, murder and robbery are severe charges that call the attention of the Federal through UCMJ (Uniform Code of Military Justice).

Reporting a civilian arrest

You must inform the commanding officer about your civilian arrest immediately. The Military Justice System dictates that service members who fail to disclose an arrest on time be penalized.

Disclosing the arrest is not pleading guilty, since Article 31 of the UCMJ gives the defendant a right to silence until they get a defense attorney.

Loss of military career

Being charged with a severe offence puts your career at risk, especially if you are convicted. With a dishonorable discharge, you’ll lose all military benefits, unlike a general release. That’s why you need legal support to prevent things from getting this bad.

If you ever find yourself on the wrong side of law despite being in the military, call 8-Ball Bail Bonds. We will help you get out of custody and ensure that you take advantage of all your military rights outlined in the Uniform Code of Military Justice. We will work hard to have you released so that you can seek legal help outside custody.