Former Active Duty JAG
As a former JAG attorney, Mr. Hanchey has always maintained a special interest and desire to help soldiers, airmen, and their dependents. There are many special concerns that arise in the field of criminal defense when the person charged with the crime is on Active Duty in the United States Military.
Domestic Violence
In the area of Domestic Violence, even a conviction for a very low level misdemeanor will result in the involuntary separation of the service member due to Federal
Legislation involving weapon possession. The Brady Bill and its attached Lautenberg Amendment (18 U.S.C. Section 922, et seq) precludes anyone who has been
convicted of a Domestic Violence offense from possessing a weapon. The same is true for anyone about whom a Permanent Restraining Order has been issued in
a Domestic Violence setting. Thus, even relatively non-serious offenses such as Harassment, Obstruction of a Telephone, and Criminal Mischief (all class 3 misdemeanors)
will result in the Separation of an Active Duty Soldier. Separation of the Service member can also result even if the conviction is otherwise entered pursuant to a
Deferred Judgment and Sentence.
For this reason, the Law Firm of Mark S. Hanchey is fully dedicated to the protection of the careers of our Active Duty Soldiers and Airmen. Our firm has saved the
careers of hundreds of service members by either having their criminal cases dismissed or gaining acquittals at trial. Before you enter into any type of a Plea Agreement
with the prosecution please contact our office to ensure that the nature of the Plea Agreement will not adversely impact the military career which you have worked
so hard and risked so much to further.
DUI's
The same concerns surround charges of DUI (Driving Under the Influence), DWAI (Driving While Ability Impaired) and DUID (Driving Under the Influence of Drugs). These types of cases can obviously result in an Article 15, Letters of Reprimand being filed in a service member's permanent personnel file, as well as Adverse Counseling Statements being imposed. A criminal case can also serve as a basis for Separation Actions under Chapter 14 of Army Regulation 635-200 which is the regulation that deals with Enlisted Separations. Again, the Law Firm of Mark S. Hanchey is very committed to providing the most effective defense that not only minimizes the damage that these types of charges may have on your driving record but on your military career as well.
Felonies and other Misdemeanors
Any Felony conviction also carries with it the loss of one's ability to carry or possess a firearm. This is due to Federal legislation found at 18 U.S.C. 922(G), a 1993 Federal Statute commonly referred to as the Brady Bill. Even if you, as a military service member, resolve a felony by virtue of a deferred judgment and sentence, you may well be precluded from possessing a weapon during the deferred sentence. For these reasons, it is very important that an Active Duty soldier speak with an experienced defense attorney who understands the collateral effects that his or her criminal case may have on their military career.
Courts Martial, Administrative Separation Boards, & other Military Issues
Mr. Hanchey served as as Active Duty JAG Officer for 4 years and as a Reservist for 6 years thereafter. During that time, he tried numerous Courts Martial,
Administrative Separation Board proceedings, and other military issues involving everything from Medical Evaluation Boards to Flight Evaluation Boards. He has also
represented numerous soldiers and their dependents in United States Magistrate's Court involving criminal offenses which are alleged to have occurred on Fort Carson,
Peterson Air Force Base, Schreiver Air Force Base, NORAD, and the Air Force Academy. Although a substantial portion of our firm's Military clientèle involve allegations
of civilian charges, Mr. Hanchey has continued to have a very active practice on Fort Carson and the other surrounding military facilities as well. The Law Firm of Mark
S. Hanchey continues to represent soldiers charged with Court Martial offenses, Separation Boards, and other administrative matters in the military.
Please contact our firm should you or your family have any military related issue about which you may need our help.
Special Payment Plans and Rates for Active Duty Military
The last ten years have been difficult ones for our Military Community. Long and frequent deployments, the stress of an ongoing wartime footing, and the sadness of our
combat losses have made the last decade a trying one. Due to the sacrifices and hardship faced by our Active Duty Soldiers and Airmen, and their families, the Law Firm of
Mark S. Hanchey is committed to providing exceptional, yet affordable legal help.
We offer free consultations, reduced rates and payment plans for Active Duty Service Members and their families.