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Other crimes in the UCMJ are specific to the military such as mutiny, desertion, and insubordination. Regardless of their branch, all members of the military who violate the UCMJ are subject to a potential court-martial. Courts-martial are run in accordance with guidelines set forth in the Manual for Courts-Martial, which is issued by the President of the United States.
Types of Courts Martial
The Court Martial Process
Initiating charges:
Initially, when a military member violates the UCMJ, the commanding officer will assess the issue. If the CO determines there is reason to believe that the service member did, in fact, violate the UCMJ, the CO can order the accused to be apprehended and confined for up to 72 hours (pretrial confinement) until the CO decides how best to proceed. At this point, the accused will be notified of the reason he or she is being held. The CO – or “special victims unit” prosecutors from the Office of Special Trial Counsel (OSTC) – can choose to proceed with a court-martial or impose other actions, including nonjudicial punishment, instead.
The accused has the option to appeal the CO’s opinion if he or she believes the punishment is unjust. The CO – or prosecutors from the new highly specialized Office of Special Trial Counsel – have to decide whether to proceed with a court martial within 120 days of the arrest. The court-martial process officially begins when the accused is read the charges against him or her in the presence of a CO and other neutral officer. This event is called “preferring the charges”. At this point, a judge and attorneys are assigned. Both the defense and the prosecution have the opportunity to investigate the facts, review documents, and conduct depositions. In contrast to a civilian trial, the investigation can continue during any part of the court-martial process.
Entering Pleas:
The accused may enter a plea. If the accused pleads guilty, the judge will only accept the plea if he or she is satisfied that the accused fully understands the charges as well as the consequences and punishment. If the guilty plea is accepted, the accused will be sentenced. On the other hand, if the accused enters a not-guilty plea, the court-martial will go to trial and a panel will be appointed to determine the facts.
Proceeding to trial:
The appointed panel usually consists of officers from a different unit who are of a higher rank than the accused. The defendant may also request that enlisted service members join the panel. Unlike a civilian trial, panel members in a court martial are not selected randomly, but rather by the convening authority. The trial mostly resembles a civilian court trial. Each side of the case presents evidence and cross-examines witnesses. The judge makes the panel aware of any applicable law, and the panel issues a decision. If the defendant is found guilty, he or she is sentenced. The accused may appeal the decision of a court martial. In the case of a death penalty sentence, the court martial is automatically appealed.
Consulting an Expert Court Martial Defense Attorney
If you or a loved one is facing a court-martial proceeding, it’s wise to seek the assistance of a civilian military attorney to represent you in addition to your appointed defense. We offer skilled and experienced defense for military members. For help with any kind of court-martial case, contact us today.
The Process: What to Expect
Initial Consultation
Contact us for a free case evaluation. We’ll discuss your situation and outline the best path forward.
Data Collection
We investigate every aspect of your case, from testing procedures to witness statements.
Trial Preparation
Expect expert testimony and a strong defense strategy tailored to your case.
The Verdict
Whether it’s a jury trial or judge-only trial, we fight for your acquittal and future.
What Our Clients Say
“I thought my career was over after a false positive drug test. Thanks to Military Trial Defenders, I was acquitted and reinstated. I can’t thank them enough.”
Anonymous Service Member
Over 50% of military members facing drug accusations are wrongfully charged due to testing errors. Don’t be another statistic.
Frequently Asked Questions
A guilty verdict can lead to career termination, military confinement, or civilian court escalation. Our job is to prevent that outcome.
Yes, appeals are possible, but it’s critical to have an experienced legal team by your side from the start to avoid this outcome.
The prosecution and defense present evidence, which may include urinalysis results, testimonies, and expert opinions. The defense can challenge evidence by highlighting procedural errors, chain-of-custody issues, or credibility of testing methods.
Absolutely. A well-prepared defense can lead to acquittal or reduced charges, helping preserve a member’s career and reputation within the military.
Support can include legal counsel (civilian or JAG), chaplains, counselors, and advocacy groups. These resources help service members navigate the legal and emotional challenges of the process.
