Courts-martial
Charged under the UCMJ? Add a civilian lawyer.
A court-martial is a criminal trial with its own rules, its own judges and a conviction that follows you out of the service. You are entitled to a military defense lawyer at no cost. You are also entitled to hire a civilian one.
I don't replace your detailed defense counsel. I sit beside them: I read the charge sheet and the evidence, bring a second view on strategy, and stand next to you at the hearing and the trial. The first conversation is about the one thing you control right now, which is what you say and to whom.
Charges I take
Drug use, possession and distribution
Drunk and impaired driving
Assault and domestic-violence allegations
Sexual-assault allegations
Fraud, theft and false statements
Absence, desertion, disrespect and disobeying orders
The stages
How a court-martial runs
The names change by branch, but the path is the same. Knowing the next stage is half of not being frightened by it.
- 01
Step 1: Before you say anything
Investigators may ask to interview you. You have the right to stay silent and to ask for a lawyer first, and you should use both until you have talked to one.
- 02
Step 2: Charges are preferred
Your commander receives written charges. This is when your detailed defense counsel is assigned, and when you can add me.
- 03
Step 3: The preliminary hearing
A neutral officer reviews the evidence and recommends whether the case should go forward. It is the best look at the government's case you will get early on.
- 04
Step 4: Referral and arraignment
A convening authority decides the kind of court. You enter pleas and choose whether a judge or a panel of members hears the case.
- 05
Step 5: Trial, sentencing and appeal
The government must prove each charge beyond a reasonable doubt. A conviction is followed by sentencing and by automatic and requested reviews.
Questions
Before you decide on a lawyer
Will hiring a civilian lawyer look like I'm guilty?
No. Hiring one is common and says nothing about the facts. Your military lawyer stays on the case.
What does a court-martial case cost?
It is a written fee, set after I've read the charge sheet and know the likely path. Travel, an expert and a transcript, if needed, are separate. Past results don't predict yours.
Can you promise me an acquittal or a dismissal?
No lawyer honestly can. I can tell you what the evidence looks like, what the options are and what each one risks.
I'm being questioned tomorrow. What do I do?
Don't answer questions about the allegation, and ask to speak to a lawyer first. Then call or text me tonight.