When facing a court martial, you are required to make a lot of important decisions. One of the most important decisions that you will make in your court martial defense is who will represent you. To help you with making this decision, we have answered some of your most frequently asked questions on the subject….
The Uniform Code of Military Justice guarantees a Soldier the right to a court martial by members, and protects against self-incrimination. Despite these guarantees, the vast majority of court martial cases end in a plea of guilty, not trial by members. Although a Solder has the right to plead not-guilty and require a court-martial panel…
When a Soldier chooses not to testify in a court-martial, it should not come at a price. In fact, the military judge will instruct the court-martial panel members that they may not draw any adverse inference from a Soldier’s decision not to testify. However, it is only human to expect that an innocent Soldier would want to deny guilt,…
Our office is regularly contacted by soldiers who have reason to believe court martial charges may soon be preferred against them. The question these soldiers always ask is, “Should I hire a court martial attorney now or wait until after charges are filed?” While each situation is unique, generally, it is best to get an…
What does it mean when a court martial attorney says they provide a free initial consultation? What do you actually get for free when you call an experienced court martial attorney? You might think that the initial consultation is when you provide the attorney with every detail of your case. However, a court martial lawyer…
If you are facing a court-martial, it is important that you take steps now to prepare your defense. Once an allegation is made against you, the government will start an investigation. While some cases are processed relatively quickly, others may drag on for months. Going through this process can be frustrating and overwhelming. There are,…
Conduct a web search for either “best court-martial attorney” or “best civilian defense lawyer” and you will find hundreds of civilian defense attorneys. Almost every one of these civilian lawyers will claim to be either the best court-martial attorney or the most aggressive court-martial lawyer. How do you know if they are what they claim…
The Joint Service Committee published notice of its changes to the discussion section of the Manual for Courts-Martial yesterday. In addition to the discussion section changes, the notice also addresses changes to the analysis section of the military rules of evidence and the punitive articles.
The Sixth Amendment right to a speedy trial is applied to military jurisprudence through two separate and distinct provisions– Rule for Court-Martial (R.C.M.) 707 and Article 10 of the Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 810). While both provisions seek to protect the same constitutional right, and while there is considerable overlap…
The government charged a Fort Hood soldier with two specifications of rape, eight specifications of wrongful use of marijuana and cocaine, and four specifications of being absent without leave from his unit. The soldier decided to retain my services after his Article 32 resulted in a recommendation that all charges go forward to a General Court-Martial. Once…
