Service members convicted at court-martial can face significant punishments. Depending on the nature and severity of the crime, these punishments can include years in confinement, discharge from the military, reduction in rank, forfeiture of pay and allowances, and even death in the most serious cases. When your career, freedom, and future are on the, Read More

The military’s authority to place a service member in pretrial confinement recently received national attention after Marine Lieutenant Colonel Stuart Scheller was placed in the brig following a series of social media posts and videos he made criticizing the American withdrawal from Afghanistan. While the Uniform Code of Military Justice (UCMJ) does authorize Commanders, Read More

With the COVID-19 vaccination now here, the Department of Defense has begun distributing the vaccine to military installations worldwide. But some military service members may still be skeptical about taking the vaccine due to concerns about its safety or effectiveness. These concerns raise the obvious question—can a service member be required to take the, Read More

In the U.S. military justice system, the purpose of a special court-martial is to address charges that are not severe enough to warrant a general court-martial but are too serious for a summary court-martial. These non-capital offenses are generally equivalent to a misdemeanor in the civilian justice system. All classes of enlisted servicemembers are, Read More

Until now, servicemembers could have expected their commanding officer to offer non-judicial punishment, or Article 15, if their commanding officer suspected them of UCMJ violations. However, starting in January 2019, the process will change. The 2017 National Defense Authorization Act created a new form of court-martial for commanders to ensure the good order of, Read More

If you have been charged or are suspected with violating the UCMJ, your good military character may be a defense. If used properly, the “Good Soldier Defense” can be effective tool for an experienced attorney to create reasonable doubt in the minds of the judge or jury about whether you committed the alleged crime., Read More

Just like the civilian court system, the military also has an appeals system set up for post-conviction relief. If you’ve been convicted under a general or special court martial, your case will automatically be reviewed by a judge advocate and by the convening authority. Upon review, the convening authority can, or may, grant some, Read More

The military is unique. It provides members and their families with housing, jobs, grocery stores, and gas stations. It only makes sense that the military would keep within its community its own judicial system. While there are several similarities to the civilian court system, military courts have unique procedures with consequences specifically geared towards, Read More

The concept of a court martial may seem mystifying to some, but it doesn’t have to be. Every military service member should understand the core components of the court martial process. In that spirit, let’s take a look at two essential elements of military court: preferral and referral of charges. Forming the Military Court, Read More

When a member of the United States military is accused of a crime, in order for the case to be referred to a General Court Martial the charges must be investigated before it can progress. This process is called an Article 32 hearing. These hearings serve many different purposes, but they are mainly designed, Read More