Military Cases

Military criminal cases are governed by the Uniform Code of Military Justice (UCMJ). The UCMJ establishes three types of courts-martial: summary, special, and general. Each differs in structure, procedural safeguards, and potential punishment. All courts-martial require proof beyond a reasonable doubt, and the Military Rules of Evidence apply in every classification.

Yes. Service members have the right to hire civilian counsel at their own expense. However, it is important that the civilian attorney has experience handling military cases. Courts-martial differ significantly from civilian courts in procedure, culture, and command influence, and inexperience in military law can disadvantage the defense.

In Special and General Courts-Martial, a military defense attorney from Trial Defense Service (TDS) will be appointed at no cost. Many accused service members choose to retain civilian counsel while keeping the assigned military lawyer as part of the defense team. Military defense attorneys often have valuable insight into the military judge, prosecutors, command structure, and recent handling of similar cases. Civilian counsel may bring additional trial experience and strategic perspective. Used together, this combination can be effective.

Yes. Unlike civilian courts, military law allows an accused to have both a civilian attorney and a military defense attorney at the same time. The military lawyer remains assigned at no personal expense, while civilian counsel serves as lead or co-counsel depending on strategy. This arrangement often provides the benefit of both institutional knowledge and outside advocacy.

A summary court-martial is the least severe form of court-martial and is presided over by a single commissioned officer. Punishments are limited and depend on the accused's rank. For enlisted members E-1 through E-4, penalties may include reduction in rank, confinement for up to one month, forfeiture of pay, restriction, or hard labor. A defense attorney is not appointed, though the accused may hire civilian counsel. You have the right to refuse a summary court-martial. If refused, the command may refer the case to a Special Court-Martial instead.

A special court-martial consists of a military judge and at least three panel members, unless the accused elects judge-alone trial. It is often compared to a misdemeanor-level court. A special court-martial may impose confinement, fines, reduction in rank, and a bad-conduct discharge, but cannot impose the most severe punishments available under the UCMJ.

A general court-martial is the most serious military trial and is often compared to a felony court. It includes a military judge and at least five panel members unless the accused elects judge-alone trial. General courts-martial may impose the full range of punishments authorized by the UCMJ, including lengthy confinement, dishonorable discharge, dismissal of officers, and in certain cases, the death penalty.

Penalties vary widely depending on the type of court-martial, the charges, and the accused's rank. Potential consequences include: confinement; reduction in rank; forfeiture of pay; restriction or hard labor; punitive discharge or dismissal; loss of military benefits. Even non-confinement penalties can permanently affect a service member's career and future civilian opportunities.

Yes. Many court-martial outcomes involve administrative or punitive consequences that may end a military career, limit future promotions, or result in discharge characterizations that follow you into civilian life.

Often, yes. Command discretion and military procedure can accelerate timelines. Early legal involvement is especially important to preserve options such as negotiated resolutions, alternative dispositions, or administrative separation in lieu of trial.