Marine Corps Air Station Miramar

Mission

The Marine Corps Defense Service Organization provides zealous, ethical and effective defense counsel services to Marines and Sailors who are facing administrative, non-judicial and judicial actions in order to protect and promote due process, statutory and constitutional rights, thereby ensuring the military justice system is both fair and just.

Creed
We are Marines, Judge Advocates and Legal Service Specialists - who are dedicated to defending our fellow Marines and Sailors, by providing them legal counsel in any matter required by statute, regulation, or otherwise authorized. We are zealous advocates for our clients, serving independently of the local chain of command and under the supervision of the Marine Corps Defense Services Organization. We zealously represent each and every client within the guidelines of the law, consistent with our professional ethics, and in accordance with our rules of practice. We selflessly perform our duties with the utmost integrity, motivation and pride, without fear of reprisal or expectation of professional or personal gain. In the same spirit as "Taking Care of Our Own," we are: "Marines Defending Marines."

Office Hours, Contact Information and Personnel
Office Hours: Mon-Fri 0730-1700 (Office hours apply to Miramar LSST, MCRD LSSD, and Yuma LSSD)

Defense Counsel and Legal Service Support Specialists Contact information
LSST-Miramar - 858-577-6340 DSN 267-6340 Fax (858) 577 - 9211
LSSD-MCRD - 760-846-3004
LSSD-Yuma - 928-269-3480 DSN 269-3480

LSSD-MCRD Personnel:
Please contact MCAS Miramar to consult with a Defense Counsel.

New Client Walk-Ins
LSST-Miramar
General advice and NJP counseling are offered on Tuesday & Thursday to those who arrive at the LSST-Miramar between 0730 and 0800 on a first come first serve basis. Walk-in counselings are conducted from 0800-1000. Any exceptions to this rule will be addressed individually by an available defense counsel.

LSSD-MCRD
Please contact MCAS Miramar to consult with a Defense Counsel.

LSSD-Yuma
General advice and NJP counseling are offered on Tuesday & Thursday to those who arrive at LSSD-Yuma between 0730 and 0800 on a first come first serve basis. Walk-in counselings are conducted from 0800-1000. Any exceptions to this rule will be addressed individually by an available defense counsel.

A military defense attorney cannot:
1) Represent you in a civilian court or provide legal advice for criminal or civil matters.
2) Provide advice to anyone who is not active duty or reserve recalled to active duty.

Services
The Defense section provides the following legal services and advice:
1) Plan, coordinate, and conduct defense of clients facing special courts-martial, general courts-martial, and administrative discharge proceedings.
2) Provide legal counseling to personnel facing non-judicial punishment, summary courts-martial, request masts, competency review boards, and RCM 305 pretrial confinement (IRO) hearings.
3) Represent clients during Article 32 proceedings.
4) Defend officers facing BOIs and Field Flight Performance Boards.
5) Seek clemency from convening authorities and address errors in post-trial documents.
6) Educate Marines and Sailors on fitness report and NJP rebuttals, BCNR and NDRB petitions, and administrative discharges.

Counseling advice may consist of, but is not limited to:
1) NJP counseling. Please ensure that statements, documents, evidence that support the proposed NJP, and the proposed Unit Punishment Book entry are ready for the attorney to view at the counseling. Failure to do so may result in the service member having to return to receive more advice on a follow-up visit.
2) Advice regarding administrative separations. Please bring a copy of any paperwork that is relevant.
3) General advice for anyone who is the subject of an investigation or may be the subject of an investigation or criminal proceeding.
4) Advice regarding a Board of Correction of Naval Records (BCNR) proposed correction.
5) Advice when you are facing a Summary Court Martial.
6) Advice when you have or expect to receive an adverse fitness report.

Telephone Policy
It is the Miramar defense policy that no legal advice to a prospective defense client may be given over the telephone or through third parties calling on behalf of the prospective client. Certain emergency circumstances, such as when dealing with clients at remote locations will be addressed individually. Service members who are unable to appear at our walk-in hours should call the office for further guidance.

Military Justice System
Members of the armed forces are governed by the Uniform Code of Military Justice (UCMJ), a statute enacted by Congress which amounts to the military criminal code. The UCMJ applies to service members' activities whether or not they are on a military installation and whether or not these activities are military related. Military trials are known as courts-martial, with juries made up of military members. Accused military members have the right to an attorney (civilian or military), and court-martial rulings can be appealed to a Court of Criminal Appeals or the U.S. Court of Appeal for the Armed Forces, the military's highest court. For incidents that occur off military property, a civilian or military court may exercise jurisdiction over the offense.

Article 31 Rights
Article 31 (b) of the UCMJ prohibits compulsory self-incrimination. Specifically, no person acting on behalf of the military may interrogate, or request any statement from a person suspected of an offense without first informing him or her of the nature of the accusation, that he or she has the right to not make a statement, to consult with an attorney, and to stop questioning at any time.

It is very important to keep in mind that any statement you choose to make can later be used against you, whether or not you directly admit to wrongdoing.
Also, keep in mind that even if you initially agree to answer questions, you have the right to stop the interview at any time. The quickest way to stop an interview is to say that you wish to speak to an attorney.

General Legal Tips
1) Not all military attorneys can have a confidential relationship with a service member. Ask any attorney if you have that confidential relationship with him or her before discussing any potentially criminal matters.
2) Command Legal Officers in the Marine Corps and Navy are not attorneys and work for the Commander, not you-anything you say to them may be used against you.
3) Anything you say to military doctors and psychologists may be used against you.
4) Before disclosing any potentially incriminating information to a military chaplain, ask if you have a confidential relationship with him or her.

Mission
To provide legal advice and support to all commands aboard Marine Corps Recruit Depot San Diego, Marine Corps Air Stations Miramar and Yuma in the area of military justice.

Contact information: LSST Miramar - 858-577-6573 DSN (267) 6260 Fax (858) 577-1734

Legal Service Overview:
- Process Requests for Legal Services from tenant commands
- Represent the Government in all courts-martial proceedings
- Provide advice to commanding officers regarding criminal investigations
- Provide recommendations to commanding officers for appropriate disposition of criminal offenses committed by Marines or Sailors
- Conduct military justice training for commanding officers, executive officers and unit legal officers as requested
Please contact the Trial Service section for any specific questions or required guidance.

Frequently Asked Questions
1.) Q - Does your office provide NJP counseling to Marines? A - No. The Defense Section provides this type of counseling.
2.) Q - Does your office provide advice to Marines suspected of committing criminal offenses? A - No. Again, we prosecute offenders. The Defense Section provides this type of advice.
3.) Q - How can I get help with filling out a request for legal services (RLS)? A - Call the military justice section after printing the RLS form provided below.
4.) Q - I was assigned to be a summary court-martial officer. What are the procedures? A - We have instructions and guidelines for summary court-martial officers to follow. Please call to obtain a copy and set up a class.

Forms/Reference Materials
1.) Download Request for Legal Services (RLS)

Mission Statement

The Legal Services Support Team is tasked with providing free attorney and paralegal assistance to uniformed service members, their family members and dependents, retirees and other eligible clients regarding personal legal matters. "Family members" or "dependents" are those persons identified in the sponsor's service record and/or who possess a valid United States Uniformed Services Identification and Privilege Card. Legal Assistance attorneys are available to assist clients with step-parent adoption, child support, consumer problems, contracts, debt and credit problems, immigration advice, wills, living wills, name changes, marital separation agreements, spousal support, and notarizations.
Contact Information: 858-577-1656 DSN (267) 1656

 

Walk-In Hours
First time clients should come to the office during Walk-In Hours on Tuesday and Thursday at 0730 or Wednesday at 1300.
If you are a returning client or are unable to attend walk in hours, please call our office to make other arrangements.

**NOTE: Please bring all documentation relating to your case with you to your walk-in session. If you do not have the necessary documents on hand, an attorney may not be able to assist you.

Matters Handled During Walk-In Hours
- Consumer Law Issues (credit card debt, identity theft, car loans, foreclosures, car contracts, etc.)
- Contract Disputes
- Landlord/Tenant Disputes
- Review of Contracts (e.g., to purchase a car)
- Non-Support Issues
- Family Law Issues
- Wills
- Adoptions
- Name Changes

Dissolution (Divorce) Class

 

Parties considering using the Legal Assistance Office attorneys to assist in your marital dissolution must first attend a Dissolution Brief.  The Dissolution Brief at Miramar MCAS is held on Wednesdays at 0800 at the Legal Assistance Office.  The brief covers basic California law concerning the division of assets and debts of a married couple. The brief also discusses the law regarding child care and parenting plan issues.  After you attend the brief, you will have enough information to decide whether our office's mediation service is appropriate for your dissolution.

Dissolution Briefs are also held at the Legal Assistance Offices at Camp Pendleton and MCRD, San Diego. Please contact those locations for the dates and times of the brief.  You can attend the brief at any base; however, you must first attend the Dissolution Brief to utilize our legal services. 

Our office is available to review the paperwork necessary to file for a divorce in California.  The documents include the petition for divorce, petition for child custody and child support.  It is highly recommended you utilize this service before you file for divorce.

 

 

Services Not Provided by Legal Assistance
- Living Trusts
- BCNR Petitions
- Conservatorships
- Traffic Violations
- Criminal Matters
- NJP Counseling
- Fitness Report Rebuttals
- DUI Counseling
- Claims Against the Government

Citizenship & Immigration Hours
- There is no immigration brief, only walk-ins.
- Immigration Walk-ins & Citizenship walk-ins: Tues: 0730-1100, Weds: 1300-1600, and Thurs 0730-1100. 
- Doors open at 0730, FIRST COME FIRST SERVED.
* BOTH petitioner and beneficiary must be present unless the beneficiary is out of country.
* Petitioner must be seen at least 6 weeks prior to deployment.

Wills
The Estate Planning Questionnaire may be printed and completed on your own; however, an interview with an attorney must be done before our office will begin drafting the will. The Powers of Attorney are also available to be printed and completed; however, DO NOT sign any Powers of Attorney until you are in front of the notary. Our notary hours are provided below. We will schedule an appointment for you to execute your will upon receipt of your completed will worksheet.

Notary Public Hours
Monday-Friday 0730-1600
We will execute a Power of Attorney or notarize other documents during regular business hours. To the maximum extent practical, try to come in outside of the walk-in hours. Also, please note that notarizations can also be performed by unit adjutants per 10 U.S.C. 1044a.

Mediation
After attending the dissolution brief, and you and your spouse have decided to attend mediation, you can come in to make an appointment. In order to schedule mediation, you must attend the dissolution brief and subsequently file a petition with the court. Bring all documents concerning your dissolution, including but not limited to, court paperwork: your current Leave and Earning Statement and/or pay stubs, bank account information, credit card information, and vehicle information.

Travelling Legal Briefs

Preventive Law Briefs, Wills and Power of Attorney Briefs, and Pre-deployment Briefs should be scheduled two weeks in advance. Please include Unit name, number of attendees, time, and place of the brief in your request.

Other Joint Legal Assistance Offices
Marine Corps Recruit Depot San Diego: (619) 524-4110 Marine Corps Base Camp Pendleton: (760) 725-6558

LEGAL ASSISTANCE OFFICE (Bldg 6275) 
858-577-8311

From January 15 to April 20, 2018, specially-trained Marines at the MCAS Miramar VITA Tax Center will offer state and federal tax return filing services free of charge to all retired and active duty personnel and their dependents.

Tax Center Hours
Monday - Friday 
Walk-ins: 0800 - 1300 
Appointments can be scheduled between 1300 and 1530.

What you must bring when you come to the Tax Center – read carefully!

PERSONAL INFORMATION

• Your Military/Retiree/Dependent ID

• Your Social Security card and the Social Security cards of all persons listed on the tax return (e.g., spouse, children)

• Date of Birth of all persons listed on the tax return (e.g., spouse, children)

YEAR-END INCOME STATEMENTS for 2017

Any and all of the following TAX FORMS issued to you, and if filing jointly, to your spouse for 2017 calendar year:

• W-2s for all jobs (wages received)

• W-2Gs (Lottery/Gambling winnings, along with any evidence of gambling losses)

• 1099 forms or any other information for retirement, Social Security, interest, dividends, stock sales, unemployment, and miscellaneous income, including but not limited to:

  • 1099-R (pension, annuity, IRA-related funds)

  • 1099-SSA (Social Security)

  • 1099-INT (interest received)

  • 1099-DIV (dividends and profits from stock and mutual funds)

  • 1099-B (proceeds from sale or transfer of stock)

  • 1099-G (unemployment, prior year state tax refunds, etc.)

  • 1099-MISC (miscellaneous income received, e.g., self-employment, rental property)

    Other year-end statements or amounts, e.g., SSI, veterans benefits, works’ compensation

Adjustments and Itemized Deduction information for 2017, including…

• Unreimbursed Medical and Dental Expenses (if more than xx% of your estimated income)

  Homeowners: Mortgage interest (Form 1098) and real estate taxes paid

  State Taxes paid

  Cash or Non-Cash Charitable donations

·    Alimony Paid or Received, Spouses Name & Social Security Number

EDUCATION AND CHILD CARE CREDITS for 2017

• Record of educational expenses  paid for your children in grades K-12

• Tuition expenses paid for your, your spouse or your child to attend a college or university (Form 1098-T)