The military court is a completely different animal. The procedures are different and the terms used are foreign to most state court attorneys. Military trials are called courts-martial and the juries are composed of military personnel, who can be both enlisted and officers, referred to as members. Typically, the court-martial juries are comprised of officers. Military crimes are ‘referred’ to one of three types of courts-martial: Summary court-martial, where one officer serves as Judge and Jury with the maximum confinement time being 30 days; Special court-martial, the military equivalent of a civilian misdemeanor with the maximum confinement time being 1 year; and General court-martial, the military equivalent of a civilian felony court with the maximum length of confinement determined by the particular crime. There are also a host of non-judicial punishment (NJP) procedures known Article 15 in the Air Force and Army, Captain’s Mast in the Navy, and Office Hours in the Marine Corps. These NJP’s although not permitting confinement, can have the same career-ending consequences as a court-martial conviction. Military rights and rules of practice are very unique, and should be discussed with an attorney specializing in military law. The military courts use a code of laws called the Uniform Code of Military Justice (UCMJ). The prosecutors are called Judge Advocate Generals (JAG).
Consequences for the conviction of a Military Crime may potentially include:
- Imprisonment (confinement in military jargon)
- Dishonorable or other negative discharge
- Loss of rank
- Death penalty in certain cases
- Loss of the right to vote
- Loss of the right to own a deadly weapon
- Probation or parole
- Court ordered counseling
- Significant fines and loss of pay
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Military sentencing procedures
- Effect of the offense to the military
- Any other prior convictions
- Past award or decorations
- Attitude of military community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defenses of Military Crimes may potentially include:
- Insufficient evidence
- Jurisdictional issues
- Mistaken identity
- UCMJ evidence violations
- Federal constitutional violations
- Other
What can you do to improve the outcome of your case?
- The single thing that will effect the outcome of you case is retaining an attorney with significant military practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Review you rights with your attorney
- Review your defenses with your attorney
- Keep a diary listing significant events and potential witnesses
- Do NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Advise you of your constitutional rights
- Early investigation and identification of all facts helpful to your defense
- Interview police and witnesses to minimize or eliminate the case
- Meet with the prosecutor for a possible charge bargain or possibly move the case to the state courts
- Interview all witnesses
- Set or reduce bail
- Keep you updated on all aspects of you case, including possible defenses and alternatives
- In appropriate cases, negotiate jail alternatives
- Contact and hire expert witnesses that will help in your defense
- Research and file appropriate motions to dismiss the case
- Research and file appropriate motions to suppress evidence
DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.