Being an enlisted member of the United States military carries prestige and honor. Although the job offers several benefits, including a retirement pension, health insurance, and educational opportunities, it has some disadvantages, particularly if you are apprehended for committing an offense. For military members, the situation after being apprehended differs slightly from that of civilians. This blog explores in detail whether an enlisted military member can post bail.

An Overview of the Uniform Code of Military Justice

All enlisted personnel in the US military are subject to the Uniform Code of Military Justice (UCMJ). This legal framework governs the United States military and differs from most laws as it applies outside the country. Contrary to popular belief, the UCMJ is applicable in both peacetime and wartime.

In addition to promoting justice, the UCMJ seeks to maintain discipline and order in the military. It defines numerous crimes, some unique to the military and many similar to common civilian offenses. The code also establishes specific legal rights for enlisted military members accused of violations.

The UCMJ punishes many offenses that are also punishable by civilian law, such as drug use, murder, robbery, rape, and drunk driving, as well as actions that compromise military discipline and order. These crimes committed by service members include absence without leave, desertion, disobedience, disrespect to superiors, neglect of duty, improper disposal of military property, intoxication while on duty, dishonesty, and conduct unbecoming of a military officer.

The most significant benefit is that it grants procedural rights to military personnel. For example, they have the right to a fair trial, a free military defense attorney, and a civilian defense attorney (at the military member’s expense).

Pretrial Detention in the Military

There are similarities and differences between the military’s pretrial detention policy and the civilian justice system. In the civilian sector, police apprehend offenders and place them in jail. In military settings, apprehended enlisted members are usually handed over to an official at the command authority. The command then decides whether to detain the soldier in a military detention facility (also known as a “confinement” or “brig”).

Instead of jailing someone, the court may impose pretrial “restraints” or “restrictions.” An enlisted military member could be confined to their base or post while awaiting trial. Before placing a service member under restriction or confinement, authorities must have “probable cause,” defined as a reasonable belief that the individual committed a crime triable by court-martial and that the restriction is justified.

A military officer can order the confinement of an enlisted service member, much like a civilian law enforcement officer. Several reviews influence the decision to detain military personnel. Under civilian law, the decision to confine someone must be reviewed within 48 hours, which also applies to the military system.

The service member has the right to a review by their commanding officer within 72 hours regarding the legality of their continued detention. A second review must be completed within seven days by a military judge who is not under their command. Finally, a service member may ask the assigned military magistrate to reconsider whether the pretrial detention was justified.

Service members can access a military attorney at no cost during the confinement review procedure. Written confirmation from these evaluations is required to verify that:

  • There is reasonable suspicion that the enlisted military member committed a crime that could be tried by a court-martial
  • Confinement is necessary to prevent the service member from escaping or committing serious offenses
  • Other forms of restraint would not be enough

If the confined military member’s charges are referred to a court-martial, they can request another review of their pretrial confinement from the presiding military judge. The military magistrate can release the member and reduce sentences if rules were violated, granting extra credit for unjustified confinement.

Accused individuals in civilian society can be detained before their trial if they pose a threat to themselves or others. Within 48 hours, a civilian judge must review this confinement. In many cases, the judge will require detainees to post bail to ensure their appearance at trial.

Civilian detainees usually receive no wages while awaiting trial and may even lose their jobs. In contrast, enlisted military members are not required to post bail, retain their jobs, and continue to receive regular military pay during the trial process.

What Happens If An Enlisted Military Member Is Arrested for a Crime Off Base?

Off-duty soldiers are expected to abide by all UCMJ codes and state laws. Violating the law may subject you to severe penalties. Local police officers may report incidents to the military, even if they cannot charge you. Civilian law enforcement agencies are not obligated to inform the military of arrests, detentions, or charges, and they have jurisdiction over certain off-base actions like domestic abuse.

In this case, you could face the same bail hearing, criminal proceedings, and paperwork as ordinary citizens. Therefore, as soon as you are arrested, contact a bail bonds service to arrange your release from police custody as quickly as possible. This will give you plenty of time to prepare for your court proceeding. Your lawyer can help you understand your rights and what is expected during the court proceedings. Depending on the crime you are accused, you might be involved in a federal military or civil court case.

Factors to Consider in a Case Involving an Enlisted Military Member

If you or a loved one is an enlisted military member, take note of the following after being confined or arrested for a crime:

     1. Location of the Crime Scene

The incident’s location largely determines the actions taken against the military member. If you commit an offense on base, you could face military prosecution. For example, if accused of drunk driving, you will appear in court before a military judge. You could face the consequences from state authorities and your military unit for committing such a serious offense. The state can charge you with DUI, while your unit will punish you for crimes like drug abuse, confinement to base, and disorderly conduct.

Off-base crimes are usually tried by state military courts rather than by civilian courts. Serious offenses such as murder, rape, and robbery are reported to the federal government via the Uniform Code of Military Justice (UCMJ). 

     2. Notifying Authorities Of A Civilian Arrest

You should notify the commanding officer immediately that you were arrested as a civilian. Enlisted military personnel face penalties under the Military Justice System if they do not report an arrest promptly. Since an accused person is entitled to remain silent until they obtain legal representation under Article 31 of the UCMJ, reporting the arrest does not constitute a guilty plea.

     3. Termination From Military Service

Your career could be jeopardized if you are guilty of a serious crime. Unlike a general discharge, you will forfeit all military benefits in the event of a dishonorable dismissal. That is why you need legal counsel to prevent things from worsening.

Find a Las Vegas Bail Bonds Service Near Me

If you or a loved one finds yourself in trouble with the law while serving in the military, you can contact us at Express Bail Bonds. Our team will help you post bail and ensure you exercise all your military rights as defined by the Uniform Code of Military Justice. We will try to secure your release from custody so you can obtain legal representation outside of jail. Call us today at 702-633-2245 to speak with one of our Las Vegas bail bondsmen.