Military SPECIAL COURT-MARTIAL Criminal Lawyers

A court martial is a disciplinary proceeding for a U.S. service member. Even though it’s handled through the armed services, a court martial conviction can bring incarceration. In many cases, a special court martial is similar to facing a misdemeanor charge. In addition to jail time, you can receive a demotion, forfeiture of pay and even a dishonorable discharge from your service.

What happens at a special court martial

When you face a special court martial, you must be prepared to defend it like you would defend any other criminal charge. That means preparing evidence for trial. Your attorney can file paperwork to demand to know the state’s evidence against you.

Your attorney can also take advantage of pretrial motions that can ask the court to keep out evidence that’s unfair to admit against you. This can ensure that the panel of jurors decides the case based only on fair evidence. During this time, your attorney can approach the military’s attorneys to ask for dismissal of the case, or they can continue to negotiate a plea resolution.

If you’re unable to reach a resolution to dismiss the case or enter a guilty plea, it proceeds to a trial. A judge oversees the trial proceeding, and a panel of jurors decides the case. The trial consists of opening statements, closing statements, witnesses and other evidence. The judge gives the jury instructions after they hear all of the evidence.

Unlike a civilian criminal proceeding, a guilty verdict doesn’t have to be unanimous. Instead, 2/3 of the panel can vote to find you guilty. If you’re convicted, you have the opportunity to pursue an appeal. In serious cases, your appeal is automatic.

If you’re convicted, you have a chance to address the court before sentencing. This is your chance to show the judge why you believe a particular penalty is the most fair. Sentencing is usually immediate after the panel reaches a verdict.