FAQ

Sexual assault allegations are taken very seriously in the military and are often referred to the OSTC. If charged, you may face a general court-martial with severe penalties, including confinement, dishonorable discharge, and sex offender registration. Contact an experienced military defense attorney immediately to protect your rights and build a strong defense.

The Office of Special Trial Counsel (OSTC) is a specialized division within the military justice system. It oversees the prosecution of certain serious offenses, including sexual assault, under the UCMJ. Established to increase transparency and accountability, the OSTC operates independently of the accused’s chain of command.

This team of prosecutors decide which cases go to trial. With trained prosecutors working against you, it’s important to have an experienced defense counsel representing your interests.

The cost of an attorney can vary depending on your case. At The Military Defense Firm, we are a 100% flat-fee firm. What that means is that, after we consult with you, we get a good idea of what it will require to help with your case. We then give you one price for our legal services. You pay that price and nothing more. This ensures that you do not receive surprise bills and that you fully understand what it will cost for an experienced defense attorney.

When choosing a military defense attorney, consider:

• Experience with court-martial and military law.
• Track record of successful outcomes.
• Knowledge of the military justice system.
• Communication skills and availability.

At The Military Defense Firm, we specialize in defending service members and are committed to achieving the best possible outcome for your case.

Common defenses in court-martial cases include:

• Lack of evidence.
• Unlawful command influence (UCI).
• Violations of due process rights.
• Self-defense or duress.
• Mistake of fact or law.

Each case is unique, and a tailored defense strategy is essential.

Yes, in some cases, service members who have separated from active duty can be recalled to face court-martial charges, particularly if the alleged offense occurred during their service. An experienced attorney can help determine whether the recall is lawful and how to respond effectively.

Military law is governed by the UCMJ, which outlines specific offenses and procedures unique to service members. Key differences include:

• Chain of command involvement in legal matters.
• Unique crimes, such as absence without leave (AWOL) and disrespecting a superior officer.
• The role of military courts, which follow different procedures than civilian courts.

Understanding these differences is crucial for navigating your case effectively.

The convening authority is a commanding officer responsible for initiating and overseeing a court-martial. Their roles include:

• Referring charges to the appropriate level of court-martial.
• Selecting panel members (jury).
• Reviewing trial outcomes and deciding on clemency or reductions in sentencing.

An attorney can work with or challenge the convening authority’s decisions as part of your defense.

Administrative discharges from the military fall into several categories:

• Honorable Discharge: The most favorable, with full benefits.
• General Discharge: Indicates satisfactory service but with minor issues; some benefits may be limited.
• Under Other Than Honorable Conditions (OTH/UOTHC) Discharge: Serious misconduct can lead to this, affecting benefits and civilian opportunities.

A court-martial may also impose a bad conduct discharge or a dishonorable discharge.  If you’re facing an unfavorable discharge, an attorney can fight to improve its characterization.

A separation or discharge board is an administrative hearing to determine whether a service member should be discharged from the military. Common reasons for separation include:

• Misconduct.
• Sexual assault or sexual harassment.
• Drug use.
• Failure to meet performance standards.

An attorney can advocate for your retention or negotiate a favorable discharge characterization.