Court-Martial Appeals Lawyer

If a military member is convicted and sentenced in a general court-martial or special court-martial trial after the post-trial clemency is completed, the military member still has post-trial appeal opportunities.

Can You Appeal a Court-Martial?

We frequently field the question, “Can you appeal a court-martial?” The answer is often “yes.” Depending upon the length of the court-martial sentence, the military member can either appeal to the Judge Advocate General (TJAG) of their service branch or the military branch appellate court.

Why Should You Appeal a Court-Martial?

If you are unsatisfied with the outcome of your special court-martial or general court-martial case, you should consider filing an appeal. Your current punishment cannot be increased. However, there is the chance that it could be reduced or even eliminated.

How Can You Appeal a Court-Martial?

Your best option for appealing a court-martial case is to find a reputable and skilled court-martial appeals lawyer to represent you. Depending upon your military branch, there are different courts to which you must appeal.

The following appellate courts review military court-martial cases:

These appellate courts review the court-martial for legal error, factual sufficiency, and appropriateness of the sentence.

Court-Martial Appeal Process

Depending upon the specifics of your court-martial case, the appeal process may vary. The following post-trial rules govern the court-martial appeal process:

  • Manual for Court-Martials (MCM) Chapter XII: Appeals and Review
  • RCM 1201: Action by the Judge Advocate General
  • RCM 1202: Appellate Counsel
  • RCM 1203: Review by a Court of Criminal Appeals
  • RCM 1204: Review by the Court of Appeals for the Armed Forces
  • RCM 1205: Review by the Supreme Court
  • RCM 1206: Powers and Responsibilities of the Secretary
  • RCM 1207: Sentences Requiring Approval by the President
  • RCM 1208: Restoration
  • RCM 1209: Finality of Courts-Martial
  • RCM 1210: New Trial
  • UCMJ Article 62: Appeal by the United States
  • UCMJ Article 63: Rehearing’s
  • UCMJ Article 64: Review by a Judge Advocate
  • UCMJ Article 65: Disposition of Records
  • UCMJ Article 66: Review by Court of Criminal Appeals
  • UCMJ Article 67: Review by the Court of Appeals for the Armed Forces
  • UCMJ Article 68: Branch Offices
  • UCMJ Article 69: Review in the Office of the Judge Advocate General
  • UCMJ Article 70: Appellate Counsel
  • UCMJ Article 71: Execution of Sentence; Suspension of Sentence
  • UCMJ Article 72: Vacation of Suspension
  • UCMJ Article 73: Petition for a New Trial
  • UCMJ Article 74: Remission and Suspension
  • UCMJ Article 75: Restoration
  • UCMJ Article 76: Finality of Proceedings, Findings, and Sentences

These rules dictate the entire court-martial appeals process, which you must follow.

Why Choose Us?

Although a military member may have been convicted and sentenced in a court-martial trial, and the court-martial Convening Authority may have approved the conviction and sentence in the post-trial clemency process, there are still opportunities for relief or appeal. A court-martial conviction and sentence can have devastating effects, including:

  • Legal consequences
  • Personal consequences
  • Family consequences.

Experienced and aggressive defense representation is crucial in the post-trial appeal phase of a military court trial.

Brief Narrative of a Court-Martial Appeals Case

This is a brief narrative of a case defended by one of our court-martial appeals lawyers. The defendant was a military officer accused of:

  • Alleged larceny (UCMJ Art. 121)
  • Fraudulent PCS vouchers (UCMJ Art. 132)
  • False official statements (UCMJ Art. 107).

Allegations were brought against the officer after military investigators questioned a PCS move in which the vouchers were filed. Our court-martial appeals lawyer meticulously analyzed the case, submitted evidential documents, and applied the appropriate regulations. This ultimately resulted in the case against the officer being dropped with no disciplinary action taken.

Frequently Asked Questions About Court-Martial Appeals

What if I was convicted with insufficient evidence?

If you were convicted with insufficient evidence, you might have grounds for an appeal of court-martial if you can prove the evidence was insufficient.

Do I need to hire a lawyer for court-martial appeal cases?

Not necessarily, but most people find it to be the obvious choice. It is possible to appeal on your own. However, many feel that too much rests upon their appeal to proceed without skilled legal counsel.

Can a court-martial be overturned?

Yes, it can, although this depends somewhat on the details of your case. A consultation with a court-martial appeals attorney can help estimate your chances of success in such an endeavor.

Can you appeal a court-martial?

Yes, you can appeal a court-martial decision in many cases. A knowledgeable court-martial appeals lawyer can help determine whether your case is eligible for appeal. You have nothing to lose by appealing, as an unsuccessful attempt will not result in further punishment.

What Our Firm Will Do For You

The Law Offices of Richard V. Stevens will provide an experienced, knowledgeable, and highly skilled court-martial appeals lawyer to answer your questions and examine your case. Your court-martial appeal lawyer will provide stellar defense throughout the appeals process. You can expect your court-martial appeals attorney to take every necessary step in your case while providing high-quality support.

You can expect the best from court-martial appeals attorneys, including:

  • Stellar defense
  • Honest evaluations
  • Relentless advocacy
  • High-quality support
  • Aggressive representation
  • World-renowned legal expertise
  • Exploration of all relevant defenses every step of the way
  • The best potential outcome for your individual court-martial appeals case.

Call us at 828-333-5996 to arrange your free initial court-martial appeals consultation.

Attorney Richard Stevens

Mr. Stevens has been handling military cases since 1995. He has defended military cases dealing with the most serious military offenses, including allegations of “war crimes,” national security cases, murder, manslaughter, homicide, rape, sexual assault, other sex related offenses, drug offenses, computer crimes (pornography), larceny, fraud, AWOL/desertion, conduct unbecoming, military academy offenses, offenses within combat zones, senior officer cases and other military specific offenses around the world. [ Attorney Bio ]

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