San Diego Military Criminal Defense Lawyer

Are You in Need of a Proven San Diego Military Crimes Lawyer?

Facing criminal allegations while serving in the military is unlike any other legal challenge, and it is essential to find an experienced San Diego military criminal defense attorney to protect your freedom and your career.

Service members are subject to the Uniform Code of Military Justice (UCMJ), which operates separately from the civilian court system and carries its own rules, procedures, and punishments. Whether you are accused of misconduct on base, off-duty criminal activity, or a serious UCMJ violation, the stakes are extremely high.

A criminal conviction can have career-damaging consequences, such as dishonorable discharge, loss of rank, forfeiture of pay, and permanent harm to your reputation. Attorney James N. Dicks at jD Law Criminal Defense Attorneys brings unmatched insight and decades of experience to military and civilian defense.

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Why Choose Us Over Other Military Criminal Lawyers in San Diego?

• Attorney James N. Dicks has deep knowledge of criminal and military law.
• We are available to answer your call 24/7.
• We offer a free consultation.
• Attorney James N. Dicks is a former LAPD investigator.
• Attorney James N. Dicks is a Certified California Criminal Law Specialist.
• We have successfully defended thousands of clients.
• Spanish-speaking staff is available to assist clients.
• James N. Dicks is a seven time-recipient of the Avvo Client Choice Award.
• Attorney James N. Dicks has over 30 years of criminal defense experience in San Diego courts.
• Our attorney is recognized by Super Lawyers based on peer reviews and independent research.

Protect Your Rank, Benefits, and Freedom

If you are a service member facing criminal charges in San Diego, your career and future are on the line.

Contact us at (760) 630-2000 to learn more today.

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Don't Wait To Speak With a Military Criminal Defense Lawyer

Even a misdemeanor conviction could threaten your career, security clearance, rank, and result in discharge. Early legal intervention is critical to protecting your rights. A defense lawyer like James N. Dicks who understands how military service relates to criminal charges can begin working immediately to mitigate the damage, explore your options, and fight for your future.

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Types of Military Crimes We Defend Against

Military crimes cover a wide range of offenses, from unique UCMJ violations to criminal charges that overlap with civilian law. We defend against:

• Unauthorized absence (AWOL) and desertion
• Insubordination or disobedience of lawful orders
• Sexual misconduct, including harassment and assault
• Drug-related offenses (use, possession, distribution)
• Assault and violent crimes
• Property crimes, including theft and fraud
• Computer and cyber-related crimes
• Firearms violations
• DUIs and alcohol-related offenses
• Theft crimes
• Organized crime
• Murder and attempted murder
• Domestic violence charges involving service members

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Common UCMJ Offenses

AWOL and Desertion

Being absent without leave (AWOL) or desertion are serious UCMJ violations that can lead to confinement, forfeiture of pay, and dishonorable discharge.

Insubordination

Disobeying a lawful order, disrespecting a superior officer, or engaging in mutiny are considered grave offenses under the UCMJ.

Base-Specific Issues

Many service members in San Diego face charges connected to incidents on or near bases such as Naval Base San Diego, Camp Pendleton, or Naval Air Station North Island. Common base-specific issues include:

• DUIs on base: Even if handled administratively by the military, these can lead to civilian charges off base.
• Off-duty incidents: Crimes committed while off base may subject a service member to both civilian prosecution and military discipline.
• Domestic violence or bar fights: These often trigger dual proceedings in both systems.

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Sexual Misconduct

Charges of sexual misconduct can have life-altering consequences, especially for members of the military. In the civilian justice system, a conviction can lead to prison time, mandatory registration as a sex offender, and a permanent criminal record.

Military personnel accused of sexual misconduct may face disciplinary action under the Uniform Code of Military Justice (UCMJ), including court-martial, loss of rank or pay, confinement, and dishonorable discharge. Even before a case is resolved, the allegations alone can damage your reputation and standing within your unit.

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What Happens in Military Justice Proceedings?

A member of the military facing charges and being held in confinement could be subjected to a minor punishments while in custody if it is alleged that there has been an infraction of discipline. Arrest and confinement can be ordered by any commissioned officer, who ultimately has the right to apprehend enlisted members under their direct command or authority.

Any person who is believed to have committed a crime can be apprehended and restrained while awaiting trial. You are protected against punishment or penalty beyond the arrest and confinement while awaiting trial, and the confinement can only be at a level that is necessary to ensure your presence at trial.

Non-Judicial Punishment (Article 15)

Article 15 proceedings allow commanders to impose punishment without a court-martial. This may include loss of rank, forfeiture of pay, restriction, or extra duty.

Court-Martials

• Summary Court-Martial: Reserved for minor offenses; penalties are limited but still significant.
• Special Court-Martial: Comparable to a misdemeanor-level trial in civilian court; punishments may include confinement and reduction in rank.
• General Court-Martial: The most serious trial level, handling felony-equivalent charges with potential for years of confinement and dishonorable discharge.

Article 32 Hearings

Before a general court-martial, an Article 32 hearing serves as a preliminary investigation similar to a grand jury proceeding. The defense can cross-examine witnesses, present evidence, and challenge the case.

The Uniform Code of Military Justice outlines all procedures and your rights. Based upon the level of the crime, you may face a summary court martial, general court martial, or a special court martial.

Charged On or Off Base? Secure Proven Military Defense Today

Call (760) 630-2000 now for a free and confidential consultation.

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Your Rights & Key Protections Under the UCMJ

Legal Rights During Court-Martial

Service members have the right to:

• Remain silent and avoid self-incrimination.
• A fair and impartial trial.
• Be presumed innocent until proven guilty.
• Hire your own defense lawyer should you choose to do so.
• Appeal a judgment that has been made against you.

Military Evidence Rules & Pretrial Motions

Evidence in military courts is governed by the Military Rules of Evidence (MRE), which are similar to but not identical with civilian rules. A skilled San Diego criminal defense attorney can file pretrial motions to suppress illegally obtained evidence, challenge witness testimony, and seek dismissal of charges where appropriate.

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How Civilian Criminal Court Intersects With the Military Justice System

Jurisdiction Differences

• On-base incidents are usually under military jurisdiction.
• Off-base incidents may be prosecuted in civilian court, but the military can still pursue disciplinary action.

Dual Proceedings

It is possible to face both civilian prosecution and military court-martial for the same incident. Skilled representation is needed to navigate both systems and minimize exposure to punishment.

Administrative Consequences & Career Impacts

Not all cases result in court-martial. Some lead to administrative actions that can still severely damage a military career.

Discharge Types and Separation Boards

• Honorable Discharge: Preserves benefits.
• General Discharge (Under Honorable Conditions): May limit future opportunities.
• Other Than Honorable Discharge (OTH): Significant loss of benefits and stigma.
• Dishonorable or Bad Conduct Discharge: Equivalent to a felony conviction in civilian life.

How This Can Affect Your Future

A conviction or adverse administrative discharge can affect security clearances, federal employment, veterans’ benefits, and civilian career prospects.

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Proven Success in Courts-Martial and Administrative Forums

Attorney James N. Dicks has represented service members in cases involving Article 15 hearings, summary and general courts-martial, and separation boards. His experience as both a defense lawyer and former investigator allows him to build strong cases that challenge government evidence, protect clients’ rights, and achieve favorable outcomes.

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Helping You Fight Sex Crime Allegations in San Diego, CA

Criminal offenses are heavily punished in military court and recent changes in law have radically increased the number of military members facing charges for sex crimes, including rape and sexual assault. There are cases in which an alleged victim regrets a sexual act and makes an accusation about a sexual assault, or cases in which retribution is involved.

The law states that a sexual assault is any use of force, threats, intimidation, or abuse of authority when a person does not or cannot consent to the sexual act. These acts include any unwanted sexual contact that is deemed to be aggravated, abusive or wrongful, or any attempt or threat to engage in these actions

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What Clients Are Saying About Us

BEST ATTORNEY IN SAN DIEGO THAT SHOWS TRUE INTEGRITY! -Austin Honeycutt (5-Star Avvo Review)

Every step along the way, I was kept informed of the progress, promises were maintained, copies of communication between JD Law and the defendants representatives were always sent to me...I could not have asked for more! I thank and commend James Dicks and his team for truly being For the People!!

Honest, Resourceful, Accommodating and AMAZING -Anonymous (5-Star Avvo Review)

After speaking with three lawyers, I received a call back from Mr. Dicks. Mr. Dicks took my case on after a long frantic phone call were I asked many questions and he answered all of them patiently and clearly. He never rushed me, never made me feel dumb or bad for asking. He and his staff were extremely friendly in person and in emails. Every time I would call or email, I received a return call or email reply VERY quickly.

Mr. Dicks explained the process to me, helped me make good decisions for my case and handled EVERYTHING. I was amazing how easy, quick and rather painless it was. I felt he charged a very fair price for the great service he provided. The result of my case turned out to be exactly as he predicted and I could not be happier.

I want to also add, I moved out of state in the middle of the process and he went out of his way so that I did not need to fly back across country! I cannot thank Mr. Dicks and his team enough for helping me through this uncomfortable and difficult moment in my life. Lesson learned and as much as I enjoyed my experience with them.. I hope that is the last time I need them. I would HIGHLY recommend hiring Mr. Dicks and his team. Just do it.

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Don't Take Chances With Your Career

It is absolutely imperative that you have a criminal defense attorney you can count on working for you if you are facing charges of DUI, or any other criminal offense as a military member in San Diego. The system is functioning to punish these crimes, and the ramifications of a conviction will last a lifetime and could end your military career. No matter what charges you are facing in military court, contact our firm at (760) 630-2000 immediately for relentless representation.

Call now to speak with our San Diego military criminal defense lawyer if you are a service member at Camp Pendleton charged with a crime.

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Other Locations We Serve in California

• Bonsall
• Camp Pendleton
• Cardiff
• Carlsbad
• Del Mar
• Encinitas
• Escondido
• Fallbrook
• Leucadia
• North County
• Oceanside
• Rainbow
• Rancho Santa Fe
• San Marcos
• Solana Beach
• Valley Center
• Vista

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Frequently Asked Questions

What types of cases fall under military law?

Military law, governed by the Uniform Code of Military Justice (UCMJ), covers offenses such as AWOL, insubordination, sexual misconduct, drug crimes, theft, violent offenses, and base-specific issues like DUIs or off-duty misconduct.

How is military court different from civilian court?

Military courts operate under the UCMJ, with unique procedures, evidence rules, and penalties. Unlike civilian courts, outcomes can include reduction in rank, forfeiture of pay, and discharge from service.

Can I face charges in both civilian and military courts in California?

Yes. If misconduct occurs off base, you may be prosecuted in civilian court while also facing military proceedings, which can result in dual penalties.

What is an Article 15 (Non-Judicial Punishment)?

Article 15 allows commanders to discipline service members without a court-martial. Penalties may include loss of rank, forfeiture of pay, extra duties, or restriction to base.

What happens at an Article 32 hearing?

An Article 32 hearing is similar to a civilian grand jury investigation. It determines whether there is enough evidence to proceed to a general court-martial.

What are the types of court-martial?

There are three: Summary (for minor offenses), Special (intermediate-level offenses), and General (serious felony-equivalent charges). Each carries different levels of punishment.

Can I have a civilian lawyer represent me in a military case?

Yes. You are entitled to assigned military defense counsel, but you can also hire a civilian attorney to provide additional experience and a more personalized defense.

What rights do I have in a court-martial?

You have the right to remain silent, the right to counsel, the right to a fair trial, the right to present evidence and witnesses, and the right to appeal a conviction.

How do military convictions affect my future?

Convictions can lead to discharge, loss of benefits, security clearance revocation, difficulty obtaining civilian employment, and a permanent criminal record if processed in civilian courts.

Why should I hire a military defense lawyer in San Diego?

Because San Diego is home to major military bases, local attorneys experienced in both the UCMJ and civilian courts can navigate dual proceedings and protect your career, freedom, and reputation.

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Meet Our San Diego Military Crimes Defense Attorney

James N. Dicks

License Number: 132990

James N. Dicks the founder of jD Law Criminal Defense Attorneys and a highly respected trial lawyer with more than three decades of criminal defense experience. Mr. Dicks has successfully represented thousands of clients in cases ranging from DUI and drug offenses to domestic violence, federal crimes, and complex felonies. Before entering private practice, he served as a Los Angeles Police Department investigator, giving him unique insight into law enforcement tactics and procedures. His background allows him to anticipate prosecutorial strategies and craft strong defenses tailored to each client’s case. Dedicated, strategic, and relentless in protecting his clients’ rights, James N. Dicks continues to serve the San Diego community with proven results.

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