Make no mistake, this is serious business. Courts-martial are the military’s criminal courts, and they can send someone to jail, take all rank and money, and give a Bad-Conduct Discharge or Dishonorable Discharge. For all types, it is imperative that you obtain quality representation in preparing and fighting the charges against you. You want someone who is experienced, well-spoken, understands the process, and willing to spend time getting to know you and your circumstances.
Courts-martial come in three different types.
Summary Court-Martial
This is actually somewhere between nonjudicial punishment and higher courts-martial. You face being reduced in rank, up to 30 days in jail (lower enlisted members), forfeiture of pay, and restriction/extra duty. While less compared to the other types of court-martial, it can still take away your freedom, destroy your career, and provide framework for an administrative separation.
The scariest part of the Summary Court-Martial process is that you generally do not have an attorney in the room with you. Therefore, you need someone to educate you on the process and give you the tools necessary to walk into the room prepared to fight for yourself. For Summary Courts-Martial, I spend the time giving you the paperwork and knowledge necessary to fully fight the charges against you. I take as much time as is necessary to do this, and I remain available for consultation while you are in court. With me, you will never be alone at a Summary Court-Martial, because you have more options when you hire civilian counsel.
When you hire civilian counsel, you also have the option of having the civilian lawyer present in the room during the hearing. Military trial defense attorneys usually avoid these proceedings because of the rules for court-martial and their high caseloads as public defenders. Why go this alone when you have the power to have someone by your side–someone who already knows what Summary Courts-Martial is about?
Special Court-Martial (Sometimes called BCD-Special)
These are the Army’s equivalent to civilian misdemeanor court, and they can reduce servicemembers to the grade of E-1, take all pay, jail for up to 12 months, and issue a Bad-Conduct Discharge. While this is a lesser court than a General Court-Martial, it is still dangerous. You may lose a year of your life, get a criminal record, and suffer the impact of a Bad-Conduct Discharge for the rest of your life. Never go down this path alone.
I stand at your side for every significant step in this process. As part of your defense team, I evaluate the evidence, your history, and the court in order to provide you with the best solution possible.
General Court-Martial
This is the big one, and it has the potential of taking away your freedom forever. The equivalent of a civilian felony court, it is limited only by the maximum punishment of the charges against you, and that means the additional possibility of a Dishonorable Discharge.
Because of the dire consequences of this process, you must assemble a team to fight for your rights and those things that are important to you. Going this path alone is virtual suicide, and you must find someone who is experienced and skilled as a trial attorney. The work begins before charges are brought, through an Article 32 hearing, and then to trial with a Judge or Panel (Jury). Going forward alone or with inexperienced counsel is not fair to you or those who care about you.
If you need representation, please Contact Us.