California Courts-Martial Attorney

Have you or a loved one been accused of a crime in the military? If the accusation is serious, the service member may face a criminal court-martial trial. You need to have an experienced court-martial attorney on your side.

• The military justice system operates independently of the civilian court system.
• Courts-martial are trials held to determine guilt for offenses committed by service members.
• There are three main types of courts-martial, with varying degrees of formality and potential punishments:
  • Summary Court-Martial (SCM): Used for minor offenses, with a single officer presiding and limited punishments (confinement up to 1 month, forfeiture of pay, reduction in rank).
  • Special Court-Martial (SPCM): Intermediate level court for more serious offenses, with a panel of members and a military judge. Sentences can include bad conduct discharge, confinement up to 1 year, and forfeiture of pay.
  • General Court-Martial (GCM): Highest level court used for the most serious offenses. May result in dishonorable discharge, dismissal from service, significant confinement, and even death (for specific offenses).

A court-martial is a serious legal proceeding with distinct stages. Understanding these stages can help you navigate the process and protect your rights.

1. Investigation:
   Military law enforcement investigates the alleged offense. You may be questioned during this stage. It’s crucial to remain silent and seek legal counsel immediately.
2. Preferral of Charges:
   If the investigation leads to charges, they are formally presented to you by your commander. An Article 32 hearing, a preliminary hearing to determine if there’s enough evidence for a court-martial, may be held before charges are referred to a General Court-Martial (unless waived by the accused).
3. Arraignment:
   You are formally read the charges against you and defer the entry of pleas for a later date in accordance with the Trial Management Order.
4. Motions Practice:
   Your attorney can file motions to suppress illegally obtained evidence or challenge the jurisdiction of the court-martial.
5. Assembly:
   The court-martial is convened, and members are selected (if applicable). You will have the opportunity to challenge the selection of members for bias.
6. Trial:
   The prosecution presents evidence to prove your guilt, and you have the opportunity to present a defense. The rules of evidence are complex, and an experienced attorney is essential to ensure they are followed correctly.
7. Sentencing:
   If convicted, the court will determine your punishment. Your attorney can argue for a lesser sentence or alternative punishments.
8. Appeals:
   You have the right to appeal the verdict or sentence. An experienced attorney can guide you through the appeals process.

Military law is complex and ever-evolving. An experienced civilian military attorney can navigate the legal intricacies of your case and ensure your rights are protected throughout the court-martial process.

The Importance of Legal Representation:

• Negotiating lesser charges or alternative punishments.
• Suppressing evidence obtained illegally.
• Challenging the jurisdiction of the court-martial.
• Ensuring a fair and impartial hearing.
• Filing appeals if necessary.

While you are entitled to appointed military defense counsel at a General Court-Martial, there are significant advantages to retaining a civilian attorney specializing in military law:

• Experience and Specialization: Civilian attorneys focus solely on military law and stay up-to-date on the latest legal developments. They may have more courtroom experience than detailed military attorneys who handle a wider range of legal issues.
• Objectivity and Aggressiveness: Civilian attorneys are not part of the military chain of command and can provide a more objective and aggressive defense.
• Caseload and Availability: Detailed military attorneys may have a high caseload, limiting the time and attention they can devote to your case. A civilian attorney can provide more personalized attention.

Investigative Resources: Civilian attorneys may have access to greater investigative resources than those available to military counsel.

The consequences of not addressing a court-martial can be severe:

• Loss of rank and pay.
• Dishonorable or bad conduct discharge, making future employment difficult.
• Incarceration.
• Difficulty obtaining veterans’ benefits.

If you are under investigation or facing court-martial charges, contact a qualified civilian military defense attorney immediately.

Military Law Center: Your Trusted Ally

Military Law Center is a team of experienced and aggressive civilian military defense attorneys dedicated to protecting the rights of service members facing courts-martial in California and across the nation.

Military Law Center Is Ready to Help You – Right Now.
Call Us Today – (760) 536-9038