In this series on the difference between court-martials and civilian cases, we focus on criminal accusations that lead to life-changing and potentially life-ending consequences following a court-martial verdict. Court-martials involve crimes and cases specific to the...
More Than 20 Years Of Active Duty Military Service






Military Defense Blog
Various verdicts to resolve civilian criminal matters
In this series on the difference between court-martials and civilian cases, we look at the potential verdicts and the rules governed by both civilian and military courts. Various options exist for both civilians and members of the military when it comes to resolving...
Federal vs. Military rules of evidence
In this series on the difference between court-martials and civilian cases, we look at the difference between federal rules of evidence and military rules of evidence. Starting with the first Manual for Courts-Martial publication in 1895, military and civilian law...
Servicemembers facing civilian criminal charges
In this series on the difference between court-martials and civilian cases, we look at the different processes military and civilian defendants face in asserting and protecting their rights. The most decorated servicemember can find themselves on the wrong side of the...
Failure to report for duty – Missing movement
Desertion and AWOL, for absent without official leave, are two charges the government brings against some service members who fail to report for duty. We detailed those two offenses as well as the potential penalties and defenses in previous blogs. A third similar...
Failure to report for duty – Desertion
By joining the military, you agree to strict rules over conduct, duties and when you may take leave. Service members who fail to show up for duty can face severe punishment depending upon the circumstances. Previously, we looked at AWOL, or absent without official...
Military versus civilian laws
In this series on the difference between a court martial and civilian cases, we look at the history of the growing differences between the two legal proceedings. The decision to enter military service requires time and inner reflection for a potential recruit....
Can you correct your military record based on a mental health issue?
Your military record affects many aspects of your life, both in the service and outside of it. Errors on your record can cost you in your career, in your personal life and financially. You can correct those errors through a petitioning process. Although this process...
What happens if a service member is accused of a sex crime?
While you’re active in the military, if you face charges for a crime, you will face those charges under the Unified Code of Military Justice (UCMJ). The UCMJ is very different from the law of the state you may be in, and so are the penalties. Sex crimes, in...
Your rights during an article 32 hearing
As an American citizen and a soldier, you have many rights at every point in a criminal investigation. However, under the Unified Code of Military Justice (UCMJ), your rights differ slightly from what you’d see in a civilian case. Today we’ll look specifically at the...