Court-Martial Representation for Military Members Facing General and Special Trials

Why Choose Us as Your Court-Martial Defense Lawyer?

Military members face considerable jeopardy in court-martial trials. An experienced civilian court-martial attorney can help you navigate the process and present a strong and compelling defense. The civilian defense lawyers in our law firm have combined decades of military law and military justice experience. If you are facing a military court-martial, you have the right to hire a civilian defense lawyer; your appointed military lawyer will remain on the case as co-counsel.

Understanding the Types of Court-Martial in the Military Justice System

In the military justice system there are three types of court-martial – General Court-Martial, Special Court-Martial, and Summary Court-Martial. Only General Courts-Martial and Special Courts-Martial are actual federal criminal trials; Summary Courts-Martial are, essentially, enhanced administrative hearings that do not result in a federal criminal conviction because they do not afford a military accused the same due process rights as required for an actual federal criminal trial. Therefore, the remainder of this page will only address General Courts-Martial and Special Courts-Martial.

The military does not label offenses as “felonies” or “misdemeanors.” A General Court-Martial or Special Court-Martial conviction is considered, and described as, a federal criminal conviction. In terms of possible sentences for conviction, however, a General Court-Martial is sometimes viewed to be roughly similar to a felony trial and a Special Court-Martial is sometimes viewed to be roughly similar to a misdemeanor trial.

In the military justice system, court-martial trials are governed by the Manual for Courts-Martial (MCM), which contains the Uniform Code of Military Justice (UCMJ), Rules for Courts-Martial (RCM) and the Military Rules of Evidence (MRE). Each service branch has its own rules of criminal trial procedure as well. The UCMJ is the criminal code applicable to all military members. Our court-martial defense lawyers have the experience and skill needed to navigate the complex military legal system. Please contact us at 888-399-0693 or use our free case evaluation form to discuss your defense needs.

Why Consider a Civilian Lawyer for Your Case?

If a military member faces a General Court-Martial or Special Court-Martial, the military accused will be appointed a military defense lawyer in his/her branch of service. The military accused also has the right to hire a civilian lawyer. If a civilian court-martial defense attorney is hired, the appointed attorney will remain on the case, and will act as the civilian defense lawyer’s co-counsel. A civilian defense lawyer with military law experience can greatly add to the defense team. Attorney Richard V. Stevens has been handling the most serious military cases since 1995. That kind of experience can be critical to the defense case in spotting legal and factual issues, gathering evidence, questioning witnesses, filing and arguing motions, predicting what the prosecution will present and argue, and knowing what law, facts, and arguments will effectively counter that attack in trial. Trial litigation is greatly served by experienced defense counsel, and our past trial results speak for themselves.

Military members face considerable jeopardy in court-martial trials – possible federal criminal conviction, and possible court-martial sentences including confinement in military prison/jail, punitive discharge (Dishonorable Discharge, Bad Conduct Discharge or Dismissal for officers), and a variety of other legal, professional, personal, and family consequences. In cases alleging sex crimes, for example, the military member could face sex offender registration. Convictions and sentences in military courts could impact voting rights, rights to own firearms, and professional licenses.

The most serious military cases are heard in a court-martial trial. There are three types of court-martial, with different levels of severity.

Summary Court-Martial (SCM): SCM is the least often used, and it is used only for minor offenses because the authorized punishment is significantly limited. In a summary court-martial proceeding, the accused military member does not have the right to a military panel (“jury”), and the case is not presided over by a Military Judge. The case is presided over by one officer. The military member also does not have a right to a defense lawyer, although in certain military branches defense lawyers are permitted to assist the accused. Because a military accused does not have the right to a “jury” or defense counsel in a summary court-martial, the case is not presided over by a Military Judge, and the procedural rights and protections are far more limited than a criminal trial, a conviction (being found guilty) in a SCM is NOT considered to be a federal criminal conviction. It is still like an administrative disciplinary action, with increased punishment options. Those punishment options include very limited military confinement, usually not to exceed 30 days.

Special Court-Martial (SPCM): Special courts-martial are criminal trials in the military, and a conviction in a SPCM is considered to be a federal criminal conviction. It does, therefore, result in a criminal record. In the military, offenses are not labeled as “misdemeanors” or “felonies” like in the civilian world. They are just considered federal criminal offenses. But, a SPCM is roughly akin to a misdemeanor trial in the civilian world, because less serious offenses are addressed in a SPCM, and total confinement time cannot exceed one year. In a SPCM, the accused can be tried by a Military Judge alone or a military panel (“jury”). A SPCM is conducted under the same rules and procedures as a GCM, and these are primarily found in the Manual for Courts-Martial (M.C.M.).

General Court-Martial (GCM): General courts-martial are criminal trials in the military, and a conviction in a GCM is considered to be a federal criminal conviction. It does, therefore, result in a criminal record. In the military, offenses are not labeled as “misdemeanors” or “felonies” like in the civilian world. They are just considered federal criminal offenses. But, a GCM is roughly akin to a felony trial in the civilian world, because the most serious offenses are addressed in a GCM trial. Allegations such as serious drug offenses, theft, sexual assault, rape, and murder would be heard in a GCM. If there is a conviction in a GCM trial, the maximum authorized confinement is based on adding up the maximum authorized confinement for each allegation the accused member is found guilty of. So, the maximum authorized confinement for a GCM conviction could greatly exceed the one year limit of a SPCM, and could be decades or even life in prison. Like a SPCM, the accused in a GCM can be tried by a Military Judge alone or a military panel (“jury”).

A SPCM or GCM look very similar to a civilian criminal trial. The procedural rules and rules of evidence are very similar to what are used in civilian federal criminal court trials. Depending on the type of court-martial, if there is a conviction and qualifying sentence, the case may be heard in the military appeals system.

EXPERIENCED AND AGGRESSIVE DEFENSE REPRESENTATION BY A CIVILIAN COURT-MARTIAL DEFENSE ATTORNEY COULD BE CRUCIAL IN THESE MILITARY CASES

Defending military members in court-martial trials is what our civilian court-martial defense lawyers do. The only type of law they handle is military law. Attorney Richard V. Stevens has been handling military cases since 1995. Mr. Stevens and Mr. Spinner are civilian criminal defense attorneys and former active duty military JAG lawyers who exclusively defend military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing military court-martial allegations, please don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.