Criminal and Court-Martial Defense & Appeals
Expert Court Martial Attorney Representation
Facing a General Court-Martial is a serious situation with potentially severe consequences, including imprisonment or a dishonorable discharge. An Article 32 pretrial hearing is a crucial step in this process.
With the recent changes made to Article 32 by Congress, many military defense counsel are encouraging their clients to waive the hearing. We believe such practice is not in the client’s best interest, as Article 32 is still very much a critical phase of the court-martial process.
If you are convicted at a General Court-Martial, you will be left with a permanent criminal record along with the more immediate penalties, which can include a dishonorable discharge, imprisonment, or the death penalty, depending on the nature of the offense. Even more discouraging, unlike a civilian trial, a General Court-Martial will convict you if two-thirds of the jury vote guilty.
We understand the stress you are experiencing and remind you that no matter the circumstances, you have rights.
Defending Your Rights at Home and Abroad
With one of our hard-hitting court-martial defense lawyers by your side, it may be possible to negotiate a reduced charge or, in some cases, even a dismissal. The Military Rules of Evidence must be strictly followed – we will methodically evaluate your case to ensure that your rights were not violated while tenaciously defending you throughout the entire process.
We’re dedicated to defending those who defend us, no matter where you’re located.
Contact a military criminal defense attorney from our team to learn more about how we can help you navigate the complexities of a General Court-Martial.
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Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.