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.
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:
As a service member, you are entitled to specific rights under the UCMJ, including:
These rights are critical to ensuring a fair trial and safeguarding your military career and personal freedoms.
If you’re under investigation:
Early legal representation is crucial for protecting your rights and building a strong defense.
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:
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.
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:
An experienced attorney can use this opportunity to challenge the prosecution’s case or negotiate a dismissal.
Yes, you have the right to legal representation. Options include:
Hiring an experienced civilian attorney can provide additional expertise and personalized attention to your case.
The outcomes of a court-martial vary depending on the charges and evidence. Possible results include:
An experienced attorney can help minimize penalties or achieve a favorable outcome.
A dishonorable discharge is the most severe form of separation from the military and has long-term consequences, including:
Preventing a dishonorable discharge requires an aggressive legal strategy. Our team specializes in protecting your future.
Yes, you can appeal a court-martial conviction through the military appellate courts, such as:
Appeals are time-sensitive and require a skilled attorney to identify errors in the trial process or challenge the verdict.
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:
An attorney can advocate for your retention or negotiate a favorable discharge characterization.
Administrative discharges from the military fall into several categories:
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.
The convening authority is a commanding officer responsible for initiating and overseeing a court-martial. Their roles include:
An attorney can work with or challenge the convening authority’s decisions as part of your defense.
Military law is governed by the UCMJ, which outlines specific offenses and procedures unique to service members. Key differences include:
Understanding these differences is crucial for navigating your case effectively.
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.
Common defenses in court-martial cases include:
Each case is unique, and a tailored defense strategy is essential.
When choosing a military defense attorney, consider:
At The Military Defense Firm, we specialize in defending service members and are committed to achieving the best possible outcome for your case.
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.
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.
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.
Unlawful Command Influence (UCI) occurs when a commanding officer improperly interferes in the court-martial process, potentially compromising its fairness. Examples include:
UCI is a serious violation of military justice, and an attorney can challenge your case if UCI is present.
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.
The key differences between an Article 15 and a court-martial are:
An attorney can advise you on whether to accept Article 15 punishment or request a court-martial.
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 can still impact your benefits and career.
An attorney can advocate for your retention or negotiate an upgrade to your discharge characterization.
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:
A skilled attorney can identify and argue procedural issues to strengthen your defense.
The statute of limitations under the UCMJ depends on the offense:
If charges are filed outside the allowable time frame, your attorney can move to dismiss them.
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:
An attorney can represent you during the BOI to argue for your retention and protect your career.
Drug-related offenses, such as use, possession, or distribution, are taken very seriously in the military. Penalties can include:
Legal representation is essential to challenge evidence (e.g., faulty drug tests) or negotiate a favorable resolution.
Fraternization and adultery are offenses under the UCMJ when they negatively impact good order and discipline or discredit the military. If accused:
The penalties for a court-martial conviction vary depending on the severity of the offense and the type of court-martial. Possible penalties include:
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.
A Bad Conduct Discharge (BCD) is a punitive discharge imposed following a conviction in a general court-martial. It is less severe than a dishonorable discharge but still has significant consequences. Individuals with a BCD often lose military benefits, including health care, pension, and eligibility for Veterans Affairs benefits. A BCD can make reintegration into civilian life more difficult, as it may harm your reputation and employment opportunities.
A Dishonorable Discharge is the most severe form of punitive discharge from the military, issued only as part of a sentence in a court-martial for the most serious offenses under the Uniform Code of Military Justice (UCMJ). Crimes warranting a dishonorable discharge include murder, sexual assault, desertion, or other acts deemed egregious and incompatible with military service.
If you are found not guilty in a court-martial, the charges are dismissed, and you are acquitted. In this case, there are no penalties, and you will resume your duties without any criminal record related to the charges. However, the process can still affect your career due to the stress of the investigation and trial. It’s crucial to consult with an experienced military defense attorney to ensure the most favorable outcome possible.
Yes, a civilian attorney who specializes in military law can represent you in a court-martial. A civilian attorney can provide valuable expertise and individualized attention to your case. While you are entitled to a military defense attorney at no cost, many service members choose to hire civilian counsel for their specialized knowledge and experience with military justice matters.
The Judge Advocate General (JAG) is the senior legal officer in each branch of the military, overseeing all legal matters within that branch. JAG officers serve as both prosecutors and defense attorneys in court-martial cases and provide legal advice to commanders on military justice issues, including investigations, courts-martial, and military policy.
JAG officers are responsible for maintaining the integrity of the military justice system, and they may represent either the prosecution or defense in specific cases depending on their role.
A clemency request is a formal appeal submitted to a convening authority or military appellate court asking for leniency or reduction of a court-martial sentence. Clemency may be requested for various reasons, such as showing remorse, presenting new evidence, or citing personal circumstances that justify a reduced sentence. A skilled attorney can help craft a clemency request that presents the strongest case for a reduced penalty.
Preventing a court-martial generally begins with early intervention and effective legal counsel. Here are some ways to potentially avoid a court-martial:
An experienced military defense attorney will assess the situation and guide you in choosing the best course of action to prevent the escalation of charges.
The military discharge process involves several steps, including:
Consulting a defense attorney is essential to ensure the discharge is handled appropriately and to explore options to upgrade your discharge status if needed.
Yes, it is possible to appeal or request an upgrade of your discharge status, particularly if it was other than honorable. The process involves submitting an application to the Discharge Review Board (DRB) or Board for Correction of Military Records (BCMR). A successful upgrade can lead to reinstating benefits such as healthcare and GI Bill eligibility.
An attorney specializing in military law can help guide you through the process and improve your chances of a favorable decision.
We offer free initial consultations to discuss your case and explore your options. Contact us today to start protecting your career, reputation, and future. Call us at (833) 231-8633 or fill out our online contact form to schedule your consultation now.
