Military Courts-Martial Law Overview

A Court-Martial is often a life-altering and career-affecting event. A Court-Martial has the potential to take away rank, pay and freedom, and depending on the type of court-martial a conviction could result in the accused receiving  a Dishonorable or a Bad Conduct Discharge. Servicemembers facing a Court-Martial should seek out the best and most experienced civilian military defense counsel they can find.

If you are accused and feeling alienated from your command, choosing an experienced and  seasoned Civilian Military Attorney early on is mission-critical to obtaining the best possible outcome of your case. Unfortunately, an active duty detailed military defense attorney will not be detailed to represent you until charges have already been preferred against you – by then it is too late to receive the representation required to ensure your rights are protected during the investigative stage of the case. You have the option to consult with and hire an experienced and aggressive Civilian Military Attorney who will be completely focused on you and your case. Your future, your career, and your very freedom may hinge on you obtaining the best possible counsel for the best possible outcome.

Summary Court-Martial. Trial by Summary Court-Martial is generally used for minor offenses or to confront a minor incident of misconduct. A Summary Court-Martial is not considered a criminal trial and will not result in any form of criminal conviction. The Summary Court-Martial consists of one officer serving as a prosecutor, defense counsel, judge and jury.  The maximum punishments are always less than those potentially imposed at a Special or a General Court-Martial, and the punishment depends on the grade of the accused. The accused has the absolute right to refuse a trial by Summary Court-Martial.  Since a Summary Court-Martial is for minor offenses, the accused does not have the right to representation by a detailed military attorney.  However, since the accused does have the right to testify or remain silent; to cross-examine any witnesses; and to present  evidence, the accused does have a right to retain a civilian military attorney to represent them at the Summary Court-Martial.  

Special Court-Martial. A Special Court-Martial is the intermediate level Court-Martial between a Summary and General Court-Martial and is similar to a civilian misdemeanor court.  A Special Court-Martial consists of four jury members and a military judge.  The jurisdictional maximum sentence that may be adjudged at a Special Court-Martial is a Bad Conduct Discharge, reduction to the lowest enlisted pay grade (E-1), confinement for one year, and forfeiture of two-thirds pay per month for one year. An enlisted accused may request a court composed of at least one-third enlisted personnel. An enlisted or officer accused may also request trial by judge alone.

Referral To a Judge Alone Special Court-Martial

Pursuant to the Military Justice Act of 2016, effective January 1, 2019, a convening authority can also refer an accused to a Judge Alone Special Court-Martial.  This is a new type of Special Court-Martial and if the case is referred to Judge Alone Special Court-Martial, then the accused will be tried and sentenced by a military judge alone.  In a Judge Alone Special Court-Martial, the maximum punishment that can be awarded is limited to confinement of no more than six months, and no more than six months of forfeiture of pay.  Additionally, a Bad Conduct Discharge cannot be imposed by the judge. Other lawful punishments may be imposed.