General Court-Martial Lawyer

A General Court-Martial is the highest trial level in military law and is used for the most serious of offenses. An Article 32 preliminary hearing must be conducted before a case may be referred to a General Court-Martial. The purpose of the Article 32 investigation is to determine if there is some evidence to determine the accused committed the offenses alleged and make recommendations to the convening authority whether any charges should be referred to a General Court-Martial. The accused has the right to waive the Article 32 preliminary hearing.

A General Court-Martial is composed of a military judge sitting alone, or at least eight jury members and a military judge in a non-capital case (i.e. death penalty is not an authorized punishment).  Note that in a capital case (a case in which the government is seeking the death penalty), there must be a minimum of 12 members on the jury and their decisions in the case must be unanimous on both findings of guilt and on the sentence of death). In a General Court- Martial an enlisted accused may request that at least one third of the jury members be enlisted personnel.

A conviction at General Court- Martial is often compared to a Felony in the civilian legal system. At a General Court-Martial, the maximum punishment is established for each offense under the Manual for Courts-Martial, and may include death (for specific offenses), confinement, a dishonorable or bad-conduct discharge for enlisted personnel, or a dismissal for officers.

Right to Civilian Counsel

The accused in a General Court Martial is entitled to a detailed military defense. The accused also has the right to retain a civilian military defense council of his or her choice, at the accused’s own expense. The accused can and often will elect to hire a civilian lawyer at the accused’s own expense, but it is important that the accused retain a civilian lawyer who has the requisite knowledge and experience in military law to adequately represent the client.

Facing a General Court-Martial?

Make sure that you get the right help from a Civilian Military Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center Is Ready to Help You – Right Now. Military Law Center will aggressively advise and defend you – Know Your Military Legal Rights.

The Military Law Center is here to aggressively investigate, advise and defend you against any allegation made against you in whatever forum you may be find yourself in. Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Court-Martial Lawyer. Contact us right now.

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