Author: Phillip Stackhouse, Military Defense Attorney When You Are Facing a Court-Martial, Time Is Both Your Enemy and Your Shield Being charged under the Uniform Code of Military Justice (UCMJ) is one of the most stressful experiences a service...
If you are headed to pre-trial confinement or a family member has been placed in pre-trial confinement, you are likely trying to understand what happens next, how long this can last, and what your rights are. This article answers those questions in plain language. The...
A positive urinalysis result can turn your military career upside down in a matter of hours. Whether you're facing your first positive test or dealing with the aftermath of drug detection, understanding what comes next is crucial for protecting your future and making...
You just got word that military investigators want to talk to you. Your stomach drops. Your mind races. What did you do? What do they think you did? What happens now? Take a breath. You're not alone in feeling this way. The military fact-gathering process can be...
At Military Defender, we represent service members across all branches of the U.S. Armed Forces who are facing court-martial charges or investigations under the Uniform Code of Military Justice (UCMJ). A court-martial is one of the most serious legal challenges a service member can encounter, often carrying consequences that extend far beyond military service. Many service members are unprepared for…
Facing a court-martial is one of the most serious legal challenges a service member can experience. Unlike civilian criminal proceedings, court-martial cases operate under the Uniform Code of Military Justice (UCMJ) and carry consequences that extend far beyond the courtroom. A conviction can result in confinement, loss of rank, punitive discharge, and permanent damage to future civilian opportunities. At MilitaryDefender,…
What is the summary court-martial? In general, the summary court-martial is the least serious of the three types of court-martial. It involves the least serious offenses and the least detailed and intense procedures of the three. In most cases, a commanding officer or higher possesses the authority to order a summary court-martial. Even though it is the least serious of…
What is a general court-martial? The general court-martial is the procedure for adjudicating high-level military crimes. As noted above, it is the most serious of the three types of courts-martial and it involves serious and capital crimes akin to felonies in the civilian criminal justice system. A general court-martial can be called by the General Courts-Martial Convening Authority. The Convening…
Summary court martial A summary court martial is the lowest of the three categories, meant for minor offences and is usually brief. These hearings are presided over by one commissioned officer, with a rank of captain or higher. No judge, no jury. The accused has few rights in these hearings, but the punishments are relatively mild. You don’t get a…
Dishonorable discharge This is the military equivalent of a civilian felony, and these consequences carry over into civilian life. The ramifications include difficulty finding employment and difficultly applying for loans. Federal criminal record Convictions at a court-martial will also appear on your federal criminal record, including military-specific crimes such as AWOL and failure to report. Such convictions can affect your…