Memorial Day and Military Criminal Defense: Understanding Rights for Service Members in NJ

Written By Arthur G. Margeotes, Esq

Memorial Day, observed on the last Monday of May, honors those who have died in military service. While it's a time for remembrance, it's also a moment to reflect on the legal protections afforded to active service members and veterans—particularly when they find themselves involved in the criminal justice system.

Service members face unique challenges if accused of a crime in New Jersey. While military courts handle violations of the Uniform Code of Military Justice (UCMJ), any civilian criminal matter—such as DUI, assault, or drug charges—falls under state jurisdiction. For example, a Marine stationed at Joint Base McGuire-Dix-Lakehurst who is arrested off-base for driving under the influence will likely face prosecution in municipal or superior court, not military court.

New Jersey offers some protections under the Soldiers' and Sailors' Civil Relief Act, including delay of proceedings in certain cases, but those protections are limited. Additionally, veterans suffering from PTSD or other service-related conditions may be eligible for diversionary programs such as Pretrial Intervention (PTI), provided their attorney presents a compelling case.

It's crucial for service members and their families to work with an attorney who understands both the military culture and the civilian legal system. Missteps—like failing to notify a commanding officer or misunderstanding leave and travel restrictions—can have serious career consequences.

At our firm, we’re honored to represent members of our armed forces who find themselves facing criminal charges. On Memorial Day and every day, we remain committed to ensuring that the sacrifices of service do not go unacknowledged—or unsupported.

Arthur G. Margeotes, Esq

Arthur G. Margeotes, Esq. is a criminal defense attorney in New Jersey. 

Experienced in the criminal defense of both adults and juveniles, Art also handles DUI (Driving Under the Influence) and motor vehicle violations in municipal courts. 

Art represents parties in domestic violence cases from the initial phase through settlement or litigated hearings, often in conjunction with related criminal charges.

An approved attorney for the New Jersey State P.B.A., Art represents law enforcement officers in criminal, administrative, and employment cases. 

Art’s 28 years as a criminal prosecutor in the Essex and Passaic County Prosecutor’s Offices has given him the rare ability to develop an in-depth knowledge of the intricacies of criminal law.  His extensive trial experience has honed his skills. He has directed numerous investigative units and has prosecuted complex criminal cases involving governmental corruption, white-collar and financial crimes, organized crime, homicide, narcotics, insurance fraud, adult sex crimes, and child abuse.

Throughout his career, Art has worked jointly on investigations with numerous law enforcement agencies, including The Federal Bureau of Investigation (F.B.I.), The United State’s Attorney’s Office, Immigration and Custom’s Enforcement (I.C.E.),  Bureau of Alcohol Tobacco & Firearms (ATF), The Office of the N.J. Attorney General, N.J. Office of Attorney Ethics, N.J. State Police, County Prosecutor’s Offices, and Local Police Departments.  As a result of his vast and varied experience, he has developed relationships with prosecutors and law enforcement and has earned an impeccable reputation before judges.

*The Supreme Court of New Jersey has approved no aspect of this advertisement. See Award Methodology

https://crimelawyernj.com/
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