Military Court Martial Lawyers

As a member of the military, the stakes are high when facing a court martial. Not only do you risk losing pay and rank, but you may also face incarceration. The thought of a court martial can be overwhelming, leaving you wondering how to minimize the damage and save your career. Fortunately, you have the right to an experienced attorney who can help you navigate the complex legal process.

Your attorney can examine the case against you, identify viable defenses, and present your side of the story to the panel that hears the case. They can also assist you in exploring plea offers, helping you determine whether to plead guilty or fight the charges. Depending on the severity of the offense, you may face a general court martial, a summary court martial, or a special proceeding. Each type of proceeding comes with its own rights and benefits, and your attorney can help you decide which path to take.

The court martial process begins when a military officer authorizes charges, also known as preferring charges. From there, you will have an arraignment, where you will be formally told of the charges against you and asked to plead guilty or not guilty. Your attorney can negotiate a plea agreement at the arraignment and present any defenses or information that may clear up the matter. If the case is not resolved at the arraignment, it will proceed to pretrial proceedings.

During the pretrial phase, your attorney can file pretrial motions, such as challenging the court’s jurisdiction or alleging biases that affect the fairness of the proceeding. They can also continue to negotiate plea agreements. If the case goes to trial, the jury’s verdict does not have to be unanimous, only 2/3 of the jury needs to believe in your guilt. The trial proceeds much like a civilian criminal trial, with opening statements, cross-examination, and closing statements.

Throughout the entire process, working with an experienced court martial attorney can make all the difference in reaching the best possible outcome. Your attorney can help you explore options and the potential consequences of each plan of action, giving you the best chance of success. Don’t face a court martial alone, trust an experienced attorney to fight for your rights and your future.

As a member of the military, the thought of facing a court martial can be daunting. Not only does it put your career at risk, but it can also lead to loss of pay, rank, and even incarceration. In such a dire situation, it’s crucial to have a skilled and experienced attorney by your side.

Your attorney can examine the case against you, identify any viable defenses, and help you present your side of the story to the panel that hears the case. They can also assist you in exploring plea offers, helping you to decide whether to plead guilty or fight the charges.

There are several types of court martial proceedings that you may be facing, including a general court martial, a summary court martial, or a special proceeding. Each type has its own set of rights and potential outcomes, and your attorney can help you determine which one is best for your situation.

A court martial begins when a military officer authorizes charges, also known as preferring charges. From there, you will have an arraignment, where you will be formally informed of the charges against you and asked to plead guilty or not guilty. Your attorney can negotiate a plea agreement and present any information that may clear up the matter before the arraignment date.

If the case goes to trial, your attorney can file pretrial motions, cross-examine the state’s witnesses, call witnesses of your own, and make a closing statement to the jury. If you’re convicted, your attorney can also help you make a case for the most appropriate sentence.

At every step of the process, working with an experienced court martial attorney can help you achieve the best possible outcome. Whether it’s fighting the charges or negotiating a plea, your attorney can help you explore all options and plan a strategy that will give you the best chance of success. Their guidance and expertise can make the difference between losing everything and coming out on top.

Military COURT MARTIAL Criminal Lawyers

As a member of the military, you understand the gravity of facing a court martial. Not only can it damage or end your career, but it also comes with the risk of losing pay and rank, as well as the possibility of incarceration. The thought of navigating this legal process can be overwhelming and it’s important to have the right representation to guide you through it.

An experienced attorney can be your greatest asset in this situation. They can examine the case against you and identify potential defenses, help you present your side of the story to the panel, and advise you on whether to accept plea offers or fight the charges.

There are different types of court martial proceedings, including general court martial, summary court martial, and special proceedings. Each type has its own set of rights and potential outcomes, and your attorney can help you determine which one is best for your situation.

The court martial process begins with the authorization of charges, also known as preferring charges, and proceeds to the arraignment where you are formally informed of the charges and asked to plead guilty or not guilty. Your attorney can work to negotiate a plea agreement, present defenses or evidence, and file pretrial motions to challenge the court’s jurisdiction or biases.

If the case goes to trial, the jury’s verdict does not have to be unanimous, only 2/3 of the jury needs to find you guilty. The trial proceeds similarly to a civilian criminal court with opening statements, cross-examination, and closing statements. If convicted, your attorney can help you argue for the most appropriate sentence.

Throughout the case, working with an experienced court martial lawyer can help you achieve the best possible outcome. Your attorney can help you explore options and the potential consequences of each plan of action. With their guidance, you can feel more confident and in control of your future.

Understanding the Courts-Martial Process

The Uniform Code of Military Justice or UCMJ is the code of military criminal law and procedure.  It is applicable to all branches of service and U.S. Military Members worldwide.  The various criminal offenses proscribed by the UCMJ, known as the Punitive Articles, are contained in Part IV of the UCMJ.  The Punitive Articles also set forth the maximum punishment for each proscribed offense.

The UCMJ gives courts-martial jurisdiction over all servicemembers (Army, Marine Corps, Navy, Air Force, and Coast Guard).  Certain retired military members can be subject to UCMJ jurisdiction, as can certain individuals serving organizations assigned to serve with the military and enemy prisoners of war.  Article 2, UCMJ U.S.C. § 802.  The principal of military criminal law that courts-martial jurisdiction depends not on where the offense was committed, but solely on the military status of the accused at the time the offense was committed.  Solorio v United States, 483 US 435, 437 (1987).

Types of Offenses
The UCMJ contains both offenses that are analogous to civilian crimes as well as military specific offenses.
Examples of Civilian Analog Offenses under the UCMJ are Murder (UCMJ Article 118); Rape and other Sexual Assault (UCMJ Article 120); and Robbery (UCMJ Article 122).

Examples of Military-Specific Offenses include Desertion (UCMJ Article 85) Malingering (Article 115) and Conduct Unbecoming and Officer (Article 133).
In addition to the offense enumerated in the UCMJ, service members may be tried at court-martial for offenses not specifically covered in the Punitive Articles.  Using the Federal Assimilative Crimes Act (18 U.S.C. § 13), servicemembers can be prosecuted pursuant to UCMJ General Article 134 for state and federal offenses for which there exists no analogous Punitive Article.  The punishment for these “assimilated crimes” generally match those punishments applicable to the corresponding civilian offense.

The Initiation of Charges 
Cases begin with a report of misconduct.  The service member’s alleged misconduct can be brought to the command’s attention by civilian law enforcement, through notification by military channels, a report from an alleged victim, or through direct observation of the misconduct.
When a report of misconduct is received, a Commander’s Inquiry will be conducted to examine the merits of the claim and the attendant facts and circumstances.  The complexity and conduct of the Commanders Inquiry will vary based on the nature of the offenses alleged and the complexity of the case.  Once the investigation is completed the commander will make a decision as to the appropriate disposition of the charges.

The commander can take the following actions in order of severity:

1. Forward findings to a higher commander (if necessary) for preferral of charges to a court-martial.
2. Prefer charges against the service member for resolution at court-martial
3. Initiate administrative action (including separation from the service)
4. Impose non-judicial punishment (resulting in loss of rank, pay or privileges.
5. Take no action

Preferral v. Referral
The Preferral of charges is the process whereby specific charges and specifications are drafted against and accused.  Any person subject to the UCMJ may prefer charges against an accused, however, the charge sheet must be signed under oath before a commissioned officer.
The Referral of charges occurs when the Court Martial Convening Authority , in consultation with the Staff Judge Advocate, issues an order directing which type of courts-martial an accused will be tried before.  The three categories of courts-martial are: summary, special or general.  R.C.M. 401(c).