Military Law Blog
Petitions for New Trial After Court-Martial: What Service Members Need to Know
If you are one of the many service members convicted at a court-martial, the sentence may have consequences that extend far beyond the courtroom. Confinement, forfeitures, and especially a punitive discharge can permanently alter your military career, your civilian employment…
What Is Clemency in a Court-Martial?
Clemency in a court-martial is the military justice system’s final internal mechanism for mercy. It allows a convicted service member to ask that a lawful sentence be reduced, suspended, or otherwise modified after trial—not because the conviction was legally wrong,…
What Happens During an Arraignment in a Court-Martial?
For many service members, arraignment is the first time a court-martial feels real. Investigations by law enforcement may have been ongoing for months. Charges may already have been referred. But arraignment is the moment the military justice system formally asserts…
How Sentencing Works in a Court-Martial
Sentencing is the part of the court-martial process that decides what your life looks like after a conviction. For many people, it’s the “real trial,” because it’s where a military career ends (or survives), where a punitive discharge becomes likely,…
What Is Preferral of Charges in a Court-Martial?
If you are a service member and someone has told you that charges may be “preferred” against you, your case has reached a critical legal moment. Preferral of charges is the formal step that turns an investigation into a criminal…
What Is Referral of Charges in a Court-Martial?
If you’ve learned that your case has been “referred,” you’re no longer in the investigative stage or in the realm of command counseling. Referral of charges is the formal decision that your case will be tried by a court-martial. For…
Commander’s Options in a Court-Martial
When allegations arise in the military, many service members believe the outcome is automatic: an investigation happens, charges are filed, and a court-martial follows. In reality, the court-martial process is shaped long before a military judge ever enters the room.…
Criminal Investigators in a Court-Martial
If you’re an active duty service member and you’ve been contacted by investigators, you are already inside the military justice system—whether anyone has used those words yet or not. Long before a charge sheet is drafted or a court-martial is…
Military Disciplinary Records: Understanding Your File
Military disciplinary records are not just a snapshot of a bad moment. They are permanent components of your military records, embedded in your service records, and routinely relied upon to make decisions about your credibility, character, and eligibility for benefits.…
When Can I Appeal a Court-Martial Conviction?
The Definitive Guide to Court-Martial Appeals for Service Members If you’ve been convicted at a court-martial, you’re probably living in a fog of uncertainty: What happens now? Who reviews my case? Do I have a right to appeal? How long…