Criminal courts-martial present the highest stakes in military justice. If you are convicted, you could face lengthy jail time, a punitive discharge, and an uncertain future. You need the most experienced and dedicated defense team you can find.
We know how terrifying it is to face criminal charges in the military, because we have helped hundreds of military members at court-martial. Whether you are facing allegations of drug use, domestic violence, sexual assault, or other military crimes, it is critically important that you have the best defense attorneys helping you.
In courts-martial, experience wins. It’s plain and simple. The team at The Military Defense Firm has the experience of more than 200 courts-martial. We know how to win, because we have done it before…countless times. And in the military, you only get one shot. You get ONE trial. There are no “hung juries.” You get one chance to protect your future and secure your freedom. You want a defense counsel that has proven, time and time again, that they can deliver the best possible result.
If we represent you in a criminal case, we begin with an aggressive investigation of the allegations. We interview witnesses, hunt for evidence, and chase every lead. We want to gather the best evidence in your defense.
We closely analyze all angles of your case, identifying investigators’ mistakes and exposing the government’s errors. We often make persuasive legal arguments to try and get your dismissed before trial.
We are known across the military for our outstanding trial advocacy. We bring the skills developed over hundreds of courts-martial to every criminal trial. Our cross examinations and closing arguments often destroy the prosecutor’s case.
Under military law, the court-martial process is governed by the Uniform Code of Military Justice (UCMJ). Whether you are in the Air Force, Army, Coast Guard, Marine Corps, Navy, or Space Force, the military justice system is largely the same.
The court-martial process can basically be explained in five stages:
Criminal investigation. Either your chain of command, or assigned military investigators, will conduct an investigation of your case. An experienced military lawyer can help you during this pretrial process by protecting your rights and making calculated decisions about when, if at all, you should share your side of the story.
Preferral of charges. After an investigation, your chain of command or an assigned prosecutor will review the evidence. If there is “probable cause” to believe you may have committed a crime, charges may be “preferred” against you. You will be provided a copy of the charges and the evidence that supports them.
Preliminary examination. Oftentimes, your case will be sent to a “preliminary examination” for review, also known as an Article 32 investigation under the UCMJ. During this initial hearing, another lawyer will review the charges and the evidence to determine whether the government should move ahead to a military court-martial.
Referral of charges. After the preliminary examination, prosecutors or the convening authority may “refer” the charges to a court-martial. There are three different types of court-martial, which are described below. “Referral” of charges is simply the process of sending your case to trial.
Criminal trial. If your case is “referred” to court-martial, a military judge is assigned, jury members are detailed, and the criminal trial process begins. This includes an arraignment, motions hearings, and the presentation of evidence. At this stage, it is critical that you have the best military defense counsel on your side so that you can receive a “not guilty” verdict.
At all stages of the court-martial process, you should have experienced and dedicated legal representation to help you with your court-martial defense.
There are three basic types of court-martial:
Every case is different. Whether you face allegations of sexual assault, larceny, drug use, or another military crime, court-martial convictions may lead to certain punishments that will affect your military career.
Court-martial punishments may include:
If you need an expert in military justice, contact our team right now.
Call : (833) 231-8633