At Bilecki Law Group, we believe every service member has earned their right to an aggressive defense on their day in court. We specialize in taking the fight to the prosecution and winning cases that others said were unwinnable.
You have spent months or even years serving your time for a past offense and earned your right to parole. But a single violation, however slight, to the conditions of that parole, could see you back behind bars, this time to serve out your full sentence in addition to the charges you face under Article 107a of the UCMJ. The military’s justice system is incredibly harsh to parole violators and rarely allows a parolee the opportunity to tell his or her side of the story. Without an experienced US military defense attorney to take up your case, you could quickly find yourself in a position that is worse than it was before.
- You may have avoided the loss of your military career for one offense, only to have it destroyed by violating a condition of your parole.
- You stand to lose an additional two-thirds pay for up to six months if convicted of a parole violation, which could put an even more financial strain on you and your family.
- What you imaged would be your final day of confinement could turn into months or even years longer, this time without the possibility of parole.
Facing a new military criminal charge while on parole? Do not take the risk of treating it as a technicality. Contact Bilecki Law Group and start fighting back TODAY. We defend military criminal cases; we do not take standalone appeals, clemency or parole matters.
What Is Article 107a (Violation of Parole) of the UCMJ?
All of the articles of the UCMJ requires prosecutors to prove beyond a reasonable doubt a handful of critical assumptions, known as elements, to convict you of a crime. For an american soldier to be in violation of his or her parole and convicted underArticle 107a, the following four elements must be proven:
- That the accused was a prisoner as the result of a court-martial conviction or other criminal proceeding;
- That the accused was on parole;
- That there were certain conditions of parole that the parolee was bound to obey;
- That the accused violated the conditions of parole by doing an act or failing to do an act required by those conditions;
Summary of the Elements of Article 107a (Violation of Parole): A conviction requires prosecutors to prove that the accused was currently on parole after serving time for another offense and that, while on said parole, he or she failed to adhere to its conditions, whether through action or inaction.
Military Defense Attorney for Article 107a of the UCMJ: Fighting Back Against Charges of Violating Your Parole
Parole violations are rarely as clear-cut as the prosecution claims in court. A missed meeting with your parole officer, a day you didn’t show up for work, arriving home an hour after curfew: any one of these could be due to factors out of your control. But they could all lead to charges under Article 107a if you are not careful.
You have waited too long and worked too hard to see your parole end on a technicality or a mistake. But your story has a good chance of being ignored entirely unless you hire an experienced military defense attorney to tell it for you.
If you are facing new military criminal charges, then make a firm decision to fight back by hiring a law firm with proven experience, a longstanding reputation, and the investigative and expert skills your defense requires. A separate parole proceeding requires counsel who handles that work.
- Proven UCMJ Experience: Bilecki Law Group is a law firm with extensive experience in court-martial defense. We defend active duty and reserve service members facing UCMJ charges. A new military criminal accusation and a standalone parole proceeding are different matters; our practice does not include standalone parole representation.
- Longstanding Reputation for Excellence: Few military defense law firms have provided such consistently positive results for their clients as Bilecki Law Group. We have maintained a standard of unrivaled excellence which we continue to this day.
- A defense team built around your case: A new military criminal accusation may be complex, and prosecutors may hit you from any number of angles. That’s why it pays to hire a law firm like Bilecki Law Group. Tim and Ben build the defense together and can select independent investigators and experts for the work your case requires.
You just earned back your freedoms. A new military criminal charge demands a real defense. Contact Bilecki Law Group to discuss the accusation and what is at stake. A standalone parole proceeding requires counsel who handles that work.
For decades we have represented service members across all branches of the U.S. armed forces. We believe that anyone who has fought for his or her country deserves a fighting chance in court. If you are facing new military criminal charges and need an experienced military defense attorney to give you a fighting chance, then look no further than Bilecki Law Group. Learn more about our past cases, and then contact us to set up a confidential consultation. We do not take standalone appeals, clemency or parole matters.
Facing a new military criminal charge while on parole? Bilecki Law Group can help with the military defense
Maximum Punishments and Sentencing Parameters
For noncapital general and special courts-martial, the sentencing parameter system applies when every offense of conviction occurred on or after 28 December 2023. The military judge must sentence within the applicable confinement range unless specific facts justify a departure. If the judge departs, the record must contain a written statement explaining the factual basis. These ranges do not replace the lawful maximum punishment for the offense or the court-martial’s jurisdictional limits. For offenses assigned sentencing criteria instead of a category, the judge must consider those criteria.
The ranges below are stated in months and are limited where the offense has a lower confinement maximum. A special court-martial can impose no more than its own authorized limit, even when an offense or category allows more. The maximum is not a prediction of the sentence in your case.
| Offense | Maximum confinement | Category or criteria | Confinement range in months |
|---|---|---|---|
| Parole violation | 6 months | Category 1 | 0–6 |
Reduction to E-1 applies to enlisted personnel. Dismissal, rather than a dishonorable or bad-conduct discharge, is the authorized punitive separation for commissioned officers, including commissioned warrant officers, and cadets and midshipmen. The authorized punishment also depends on the offense date and court-martial forum.
Facing an Allegation?
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Frequently Asked Questions About Article 107a
What Is the Maximum Possible Punishment for Article 107a :Violation of Parole?
For a current Article 107a conviction, the maximum punishment includes a bad-conduct discharge, forfeiture of two-thirds pay per month for six months, six months of confinement, and reduction to E-1. The Category 1 range shown above does not increase that six-month confinement ceiling:
- Reduction to E-1
- Forfeiture of two-thirds pay per month for 6 months
- Confinement for 6 months
- Bad-conduct discharge
Does Bilecki Law Group Travel to Military Installations Around the World?
Yes. Bilecki Law Group is a global law firm for service members stationed abroad. Tim and Ben both travel for trials and boards. If you face a new military criminal charge, contact our law firm today to start fighting back. We do not take standalone parole matters.
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