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Military Special Court Martial Criminal Lawyers

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.

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  • Former JAG Officers and Former Prosecutors
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    Our award-winning attorneys have won hundreds of cases. With vast legal experience, we provide strategic, aggressive defense, guiding clients through every step to protect their rights and achieve the best possible outcome.
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Types of Court Martial Proceedings

The military has several different proceedings to handle discipline of its service members. These things can cover actions that would be crimes if they were handled by a civilian criminal court. In addition to crimes, the military uses the court martial proceeding to punish violations of internal rules. In both circumstances, a finding of guilty can result in a wide array of punishments and penalties.

The least serious offenses start with a summary court martial proceeding. This proceeding isn’t as formal as a traditional court case. However, the consequences can be serious. The most serious offenses go to a general court martial. The consequences for a conviction of a general court martial can include years in prison.

In the middle, there’s a special court martial. In most cases, it’s the equivalent of facing a misdemeanor charge. While this is a serious proceeding with potentially serious consequences, there are a lot of things that a special court martial attorney can do to help.

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    How an Attorney Can Advocate for You

    Even though charges in a special court martial are serious, there are a lot of things that your attorney can do to help you reach the best possible outcome. Most importantly, they can help you look at the entire situation and consider all of the potential consequences. They can look at every angle in order to help you decide if you want to take the case to trial or if you want to pursue a non-trial resolution.

    You may be able to negotiate a resolution that’s acceptable to you before your case even moves through the pretrial process. 

    You might negotiate a plea offer, or you may be able to present evidence to the military’s attorneys to convince them that you’re not guilty of the charges against you. If you’re able to reach a resolution, you don’t have a trial in your case.

    Your number one priority might be to avoid a dishonorable discharge. On the other hand, you may be most interested in continuing your military career. Whatever your priorities, your special court martial attorney can help you make a plan to meet your objectives. Working with an experienced attorney helps you know that you’re doing everything that you possibly can to fend off the charges against you and reach the best possible result.

    Contact us today or call us at (888) 646-0025 to get our experienced military attorneys on your side.

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