FAQ

The penalties for a court-martial conviction vary depending on the severity of the offense and the type of court-martial. Possible penalties include:

• Confinement (military prison or brig time).
• Reduction in rank.
• Forfeiture of pay and allowances.
• Dishonorable or bad conduct discharge.
• Fine (in some cases).
• Reprimands or other non-punitive measures.

For more serious offenses, such as rape or sexual assault, penalties can include lengthy imprisonment or a dishonorable discharge. A military defense attorney will help ensure that your sentence is as lenient as possible based on the circumstances.

Fraternization and adultery are offenses under the UCMJ when they negatively impact good order and discipline or discredit the military. If accused:

• Do not discuss the case with anyone other than your attorney.
• Gather relevant evidence, such as communications or witness statements.
• Contact an attorney immediately to protect your rights and defend your case.

Drug-related offenses, such as use, possession, or distribution, are taken very seriously in the military. Penalties can include:

• Confinement.
• Dishonorable discharge.
• Loss of pay and rank.
• Denial of future VA benefits.

Legal representation is essential to challenge evidence (e.g., faulty drug tests) or negotiate a favorable resolution.

A Board of Inquiry (BOI) is an administrative hearing used to determine whether an officer should be retained or separated from service. Common reasons for a BOI include:

• Substandard performance.
• Misconduct or ethical violations.

An attorney can represent you during the BOI to argue for your retention and protect your career.

The statute of limitations under the UCMJ depends on the offense:

• Most offenses: 5 years from the date of the alleged misconduct.
• Certain offenses, such as murder or sexual assault (in some cases): No statute of limitations.

If charges are filed outside the allowable time frame, your attorney can move to dismiss them.

Yes, procedural errors in the court-martial process, such as mishandling evidence or violating your rights, can lead to a case dismissal or reduced charges. Examples include:

• Failing to advise you of your rights under Article 31(b).
• Mishandling evidence or violating the chain of custody.
• Unlawful delays in the trial process.

A skilled attorney can identify and argue procedural issues to strengthen your defense.

Administrative separation is a process where the military discharges a service member for reasons such as misconduct, medical issues, or failure to meet standards. Unlike a court-martial, it is not a criminal proceeding, but it can still impact your benefits and career.

An attorney can advocate for your retention or negotiate an upgrade to your discharge characterization.

The key differences between an Article 15 and a court-martial are:

• Article 15: Non-judicial punishment for minor infractions, handled administratively by your commander.
• Court-Martial: A formal judicial process for serious offenses, conducted under the UCMJ with the possibility of severe penalties.

An attorney can advise you on whether to accept Article 15 punishment or request a court-martial.

Yes, under the principle of dual sovereignty, a service member can be prosecuted for the same offense in both military and civilian courts. However, this is rare and usually occurs in high-profile cases.

Your attorney can help coordinate your defense across both jurisdictions to minimize penalties.

Unlawful Command Influence (UCI) occurs when a commanding officer improperly interferes in the court-martial process, potentially compromising its fairness. Examples include:

• Pressuring subordinates to testify a certain way.
• Influencing decisions about charges or sentencing.

UCI is a serious violation of military justice, and an attorney can challenge your case if UCI is present.