Courts-Martial Appeals Attorneys
Navigating the Road to Redemption
If you have been convicted by a military court-martial, it may feel like you are lost and alone. However, an experienced criminal appeals lawyer, like the team at The Military Defense Firm, can help you see a way ahead through a free consultation.
It is very difficult to succeed in life with a criminal conviction in your background. Your educational opportunities, employment offers, living circumstances, and future plans may all be limited by the circumstances of your conviction. If you’re in that position, it may seem impossible for your case to be overturned by the appellate court.
The key to success in criminal appeals is to have a dedicated, intelligent, and experienced appellate lawyer working closely on your case. Military law is confusing and complicated, and the road to redemption after a court-martial conviction is hard to walk alone. The Military Defense Firm employs some of the most experienced court-martial appeals attorneys in the country. We will not stop fighting for you, even if you feel like the odds are against you. We fight until the very end to achieve a successful appeal in your military case.
Our Process
1. Comprehensive Investigation
Not only do we closely review your court-martial record, but we also comprehensively investigate the allegations against you. We search for new evidence that may help your appeal, and we find every error that occurred in your case.
2. Compassionate Approach
We know the difficult position you are in. We approach your case with compassion and understanding, looking for every angle to win on appeal.
3. Persuasive Appellate Brief
Our team of experienced appellate attorneys is trained to think and write in the most persuasive ways. Our written brief supporting your appeal will attack every error and examine every angle to get you the best result.
4. World-Class Oral Advocacy
If the appeals court decides to hear oral argument in your case, our team will deliver world-class oral advocacy to fight for your appeal. We are known across the military for our appellate advocacy skills.
Appeal Options
Military members who are convicted by a court-martial have many options for filing a criminal appeal, to include:
- Service courts, such as the Army Court of Criminal Appeals, the Air Force Court of Criminal Appeals, or the Navy-Marine Corps Court of Criminal Appeals;
- The Court of Appeals for the Armed Forces; and
- The United States Supreme Court.
Our team of military criminal appeals specialists can help you navigate the appeals process.
Issues on Appeal
The experience appeals attorneys at The Military Defense Firm work tirelessly to investigate your case and identify errors that were committed at your court-martial. Not only do we have experienced criminal defense attorneys, but we have also handled countless appeals. Some common legal issues that we identify on appeal include:
- Opportunities for habeas corpus (or an emergency writ)
- Poorly drafted criminal charges
- Prosecutorial misconduct during your criminal trial
- Improper use of evidence
- Factual insufficiency (not enough evidence for conviction)
- Improper rulings by the military judge
- Improper testimony by an alleged victim
- Infringement of your constitutional rights
- Changes or updates to criminal law
Appeals Timelines
First and foremost, it is important that you get the best appellate attorneys working on your case as soon as you can after a criminal conviction in order to achieve a successful appeal. There is a deadline for filing a notice of appeal; if you miss it, you may lose your chance to appeal. You should engage legal representation by calling our phone number as soon as possible to appeal your case to a higher court.
However, it is also important to know that appeals take time. The court system is overwhelmed, and there are many cases for the appeals courts to consider. The service appellate courts (like the Air Force Court of Criminal Appeals) may take a year or two to decide your case. If you then appeal to the Court of Appeals for the Armed Forces, it may take another year or two to receive the court’s decision. Finally, if you take your case all the way to the Supreme Court, it could take more than five years from start to finish.
Even though the timelines can be long, the experienced criminal appeals attorneys at The Military Defense Firm are dedicated to being there with you at every step along the way.
What is a court-martial appeal?
A court-martial appeal is a formal request to review a court-martial conviction within the military justice system. After a conviction under the Uniform Code of Military Justice (UCMJ), service members may seek review by appellate courts such as the Court of Criminal Appeals or the Court of Appeals for the Armed Forces. The appeals process focuses on identifying legal errors, procedural mistakes, or violations of rights in your military service case, including those related to sexual assault or desertion, that may have impacted the outcome.
Can you appeal a court-martial decision?
Yes, most court-martial convictions can be appealed. Depending on the type of court-martial, your case may be reviewed by a branch-specific Court of Criminal Appeals, such as the Army, Air Force, or Navy-Marine Corps Court of Criminal Appeals. Additional review may be available through higher appellate courts, including the Court of Appeals for the Armed Forces, the U.S. Court of Appeals in specific jurisdictional matters, and, in limited cases, the United States Supreme Court.
What is the court-martial appeals process?
The court-martial appeals process typically begins after sentencing. First, the convening authority reviews the case and may grant clemency. The case is then reviewed by the appropriate Court of Criminal Appeals. Further appeals may be made to higher courts, such as the CAAF. Each stage examines legal errors, factual sufficiency, and whether the military judge properly applied military law.
What is the court-martial appeals process?
The court-martial appeals process typically begins after sentencing. First, the convening authority reviews the case and may grant clemency. The case is then reviewed by the appropriate Court of Criminal Appeals. Further appeals may be made to higher courts, such as the CAAF. Each stage examines legal errors, factual sufficiency, and whether the military judge properly applied military law.
What is the court-martial appeals process?
Penalties vary based on the severity of the offense and the type of court-martial: summary, special, or general. Consequences may include confinement, reduction in rank, forfeiture of pay, and punitive discharge, such as a bad-conduct discharge, a dishonorable discharge, or even administrative separation. A conviction can also impact military records, future employment, security clearance, and lead to other administrative actions.
What are the odds of winning a court-martial appeal?
The likelihood of success depends on the strength of the legal arguments and whether significant legal errors occurred during the original trial. While not all appeals succeed, favorable outcomes can include reduced sentences, overturned convictions, or remanded cases. An experienced military defense lawyer can help identify strong appellate issues.
Why hire a civilian military defense attorney for appeals?
A civilian military defense attorney working in a law office or law firm, unlike a military JAG, provides independent representation and often brings extensive appellate experience. Unlike a Judge Advocate General, a civilian lawyer is not part of the military chain of command and can challenge legal errors more aggressively while focusing solely on your defense strategy.
What should you look for in a court-martial appeals lawyer?
You should look for experience in military law, a strong background in handling court-martial appeals, and familiarity with appellate courts such as the Court of Appeals for the Armed Forces. Clear communication, a proven track record, a strong attorney-client relationship, and a deep understanding of the military justice system are also critical when choosing the right attorney.