Court of Appeals for the Armed Forces (CAAF)
Defense Representation Before the CAAF Court
The Court of Appeals for the Armed Forces (CAAF) is the highest military appellate court in the United States and is responsible for hearing cases involving members of the armed forces. CAAF primarily handles cases related to the Uniform Code of Military Justice (UCMJ) and military law. Being convicted by a General Court-Martial or a Special Court-Martial can be an overwhelming experience leaving you feeling hopeless and alone. But as a service member, you have rights, like the right to appeal. It’s important to engage a military defense attorney who specializes in CAAF court of appeals cases.
Types of CAAF Court of Appeals Cases
The decisions of the CAAF court can have a significant impact on your legal rights. While it is an important part of the military’s judicial system, the decision in your case can be appealed in certain circumstances. The following are different types of cases that are appealed before the CAAF court:
Court-Martial Appeals: CAAF reviews cases in which service members have been court-martialed. This includes cases involving allegations of misconduct, such as desertion, insubordination, sexual assault, and other military-specific offenses.
Appeals of Military Convictions: If a service member has been convicted in a court-martial, they have the right to appeal the conviction to CAAF.
Challenges to the UCMJ: CAAF also considers cases that challenge the constitutionality or legality of provisions of the UCMJ or military regulations.
Discharges and Administrative Actions: The court may review cases involving administrative actions, such as discharges or other adverse personnel decisions, if they raise legal issues.
Habeas Corpus Petitions: In certain situations, service members may file habeas corpus petitions alleging wrongful confinement or violations of their constitutional rights.
Appeals of the Court of Criminal Appeals: CAAF serves as an appellate court for decisions made by the service-specific Court of Criminal Appeals (Army, Navy, Air Force, and Coast Guard) in cases involving members of the respective branches.
No matter the branch of service or offense in question, the appeals process is exceptionally complex. Retaining an attorney experienced in CAAF court cases is crucial to obtaining a positive outcome.
Military Defense Attorneys You Can Trust
Our team of military defense attorneys are well versed in CAAF court of appeals cases and are ready to fight for you. As retired and active military members, we understand the negative impact a criminal charge can have on your record. We will work with you and defend your rights. We will work hard to obtain a favorable outcome. Contact us today to schedule a consultation.
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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.