Military Court Martial
Experienced Defense for Service Members Facing Courts-Martial
Experienced Military Defense When Your Career Is at Stake
A court-martial is a serious military criminal proceeding that can place a service member’s career, freedom, reputation, and future at risk. When allegations of misconduct cannot be resolved through counseling, nonjudicial punishment, or other administrative action, a service member may face a court-martial under the Uniform Code of Military Justice.
Carmichael Ellis & Brock represents service members facing courts-martial and other military criminal proceedings. Our attorneys help service members understand the charges against them, protect their rights, and prepare a defense throughout the military justice process.
Understanding Courts-Martial
There are three types of courts-martial under the military justice system:
Summary Court-Martial
A summary court-martial is designed to address relatively minor offenses. Unlike a special or general court-martial, it does not involve a military prosecutor, and an enlisted service member must agree to be tried by summary court-martial.
Only enlisted service members may be tried in this forum. A summary court-martial cannot impose a punitive discharge, although it can impose other forms of punishment, including confinement and forfeiture of pay within the limits authorized by law.
Service members facing a summary court-martial should understand their rights and the potential consequences before agreeing to proceed.
Special Court-Martial
A special court-martial is a more formal military criminal proceeding. A military judge presides, and the government is represented by trial counsel. An accused has the right to military defense counsel and may also be eligible to request an individual military counsel or retain civilian defense counsel.
Depending on the circumstances, the case may be decided by a military judge or court members.
A special court-martial can result in significant punishment, including a bad-conduct discharge for enlisted service members, confinement, forfeiture of pay, reduction in rank, and other authorized punishments.
General Court-Martial
A general court-martial is the most serious military trial forum and is generally reserved for the most serious offenses under the UCMJ.
Before a case can proceed to a general court-martial, an Article 32 preliminary hearing is generally required. The preliminary hearing examines the allegations and evidence and addresses whether there is probable cause to believe that an offense was committed and that the accused committed it.
At a general court-martial, an accused has the right to military defense counsel and may also be eligible for individual military counsel or civilian representation.
The potential consequences of a general court-martial conviction can be substantial, including confinement, forfeitures, reduction in rank, and punitive separation from the military.