FAQ
Frequently Asked Questions (FAQ) About Court-Martial and Military Law
Welcome to The Military Defense Firm’s FAQ page. We understand the complexities of military law and the stress it can cause. Below, we’ve compiled a list of the most frequently asked questions regarding military law and the Uniform Code of Military Justice to help you navigate your situation with confidence. If your question isn’t addressed here, don’t hesitate to contact us for a free initial consultation.
Can a Court-Martial Conviction Be Appealed?
Yes, you can appeal a court-martial conviction through the military appellate courts, such as:
- The Court of Criminal Appeals for your branch of service.
- The Court of Appeals for the Armed Forces (CAAF), if applicable.
- The Supreme Court of the United States (in rare cases).
Appeals are time-sensitive and require a skilled attorney to identify errors in the trial process or challenge the verdict.
What Are the Consequences of a Dishonorable Discharge?
A dishonorable discharge is the most severe form of separation from the military and has long-term consequences, including:
- Loss of military benefits, such as VA healthcare and GI Bill education benefits.
- Difficulty finding civilian employment due to the stigma.
- Loss of the right to own firearms.
- Potential difficulty with housing or loans.
Preventing a dishonorable discharge requires an aggressive legal strategy. Our team specializes in protecting your future.
What Are the Possible Outcomes of a Court-Martial?
The outcomes of a court-martial vary depending on the charges and evidence. Possible results include:
- Acquittal (not guilty verdict).
- Conviction, leading to penalties such as confinement, reduction in rank, forfeiture of pay, and dishonorable discharge.
- Case dismissal due to insufficient evidence or procedural errors.
An experienced attorney can help minimize penalties or achieve a favorable outcome.
Can I Choose My Defense Counsel?
Yes, you have the right to legal representation. Options include:
- A free military defense counsel assigned by the military.
- A civilian military attorney of your choice (at your expense).
- Both (you can retain a civilian attorney while keeping your assigned military counsel).
Hiring an experienced civilian attorney can provide additional expertise and personalized attention to your case.
What Is an Article 32 Hearing?
An Article 32 hearing is a preliminary investigation for general court-martial cases, similar to a grand jury in civilian law. Its purpose is to:
- Determine whether sufficient evidence exists to proceed with a court-martial.
- Allow the defense to present evidence and cross-examine witnesses.
An experienced attorney can use this opportunity to challenge the prosecution’s case or negotiate a dismissa
What Is an Article 15?
An Article 15, also known as non-judicial punishment (NJP), is a disciplinary measure for minor infractions. It does not involve a court-martial but can still result in penalties such as:
- Loss of pay.
- Reduction in rank.
- Extra duty.
- Restriction to base.
You have the right to refuse an Article 15 and request a court-martial instead, though this decision should be made after consulting an attorney.
What Should I Do If I Am Under Investigation?
If you’re under investigation:
- Do not speak to investigators without consulting an attorney.
- Contact an experienced military defense attorney immediately.
- Avoid discussing your case with anyone, including colleagues and family, as it could harm your defense.
Early legal representation is crucial for protecting your rights and building a strong defense
What Are My Rights Under the UCMJ?
As a service member, you are entitled to specific rights under the UCMJ, including:
- The right to remain silent.
- The right to legal representation, including a military defense counsel or civilian attorney.
- The right to confront and cross-examine witnesses.
- Protection against self-incrimination.
- The right to appeal a conviction.
These rights are critical to ensuring a fair trial and safeguarding your military career and personal freedoms.
What Is a Court-Martial?
A court-martial is the military’s judicial process for prosecuting service members who violate the Uniform Code of Military Justice (UCMJ). It’s similar to a civilian criminal trial, but with procedures and rules specific to the military justice system.
There are three types of courts-martial:
- Summary Court-Martial: Handles minor offenses with less severe penalties.
- Special Court-Martial: Similar to a civilian misdemeanor court; intermediate-level offenses are tried here.
- General Court-Martial: Reserved for serious offenses, comparable to felony courts in civilian systems, with severe penalties like confinement and dishonorable discharge