Court-Martial Process Lawyer
Dallas Military Attorney Guiding Clients Through the Court-Martial Process
Are you a service member accused of violations under the Uniformed Code of Military Justice Act (UCMJ)? You will be required to attend a special military criminal trial called a court-martial. Courts-martial are serious and could end your military career as well as have significant impacts on your civilian life after you leave the military. It is important to have an experienced military law attorney who can protect your interests and your future.
Patrick J. McLain is a civilian military attorney with extensive experience defending military personnel against UCMJ violations. As a former marine and retired court-martial judge, he understands the court-martial process and the steps required to obtain a successful outcome. If you are facing a court-martial, contact our Dallas law office to schedule an initial consultation.
Court-Martial Investigations
Like in any criminal trial, the court-martial process begins with an investigation of the accused to gather evidence. The military member's commander typically conducts these investigations. They can be as simple as reviewing a report or extensive as working with law enforcement agencies to uncover case information.
Once the investigation is complete, the commander may decide to prefer charges, which ultimately leads to a court-martial. In the preferral stage, the commander will sign under oath an official charge sheet. One of three levels of courts-martial then handles the crime:
- Summary: handles misdemeanor offenses
- Special: handles crimes warranting no more than a bad-content discharge
- General court-martial: handles serious criminal charges, such as sexual offenses
Article 32 Investigations
If a military criminal case is referred to a general court-martial, a hearing, as outlined in Article 32 of the UCMJ, precedes the actual trial. This hearing is referred to as an Article 32 investigation. During the hearing, the investigating officer and the accused's lawyer can ask questions and cross-examine witnesses in order to get more information before the actual trial starts. We can represent clients during this hearing.
A Court-Martial Panel
The next stage is the selection of the court-martial panel, or jury. The accused and his or her attorney may select members to be on the court-martial panel.
Court-Martial Pleas
The accused may decide to enter a plea in agreement to a lesser offense, or enter a guilty plea for some of the charges. Entering a plea must be voluntary and done in good faith. A service member is not eligible to enter a plea in a capital offense case.
Convictions and Review
If a plea is not entered and the military trial results in a conviction, a convening authority reviews the result. In many cases involving a general court-martial the Service Judge Advocate General reviews the case. The Army Court of Appeals or a similar body will review the case if the conviction results in a dishonorable discharge or more than one year in confinement. The reviewing bodies will determine if the case was conducted in good order and make sure the punishment is appropriate for the crime.
Contact an Experienced Court-Martial Lawyer
For more information regarding the courts-martial process, please contact our military law office to speak with experienced lawyer Patrick J. McLain.