Under Military Investigation? Can You Avoid Court Martial?

Court martial attorney, Michael Waddington, discusses ways to avoid being charged with court martial charges. Call 1-800-921-8607 to speak with a civilian defense counsel today.

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There are three types of courts-martial—summary, special and general. A conviction at a general court-martial is equivalent to a civilian conviction in a federal district court. Special courts-martial are considered "federal misdemeanor courts" because they cannot impose confinement longer than one year. Summary courts-martial have no civilian equivalent.

Special Court-Martial
A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than forfeiture of two-thirds basic pay per month for one year, and additionally for enlisted personnel, one year confinement (or a lesser amount if the offenses have a lower maximum), and/or a bad-conduct discharge. An accused before a special court-martial is entitled to free legal representation by military defense counsel, and can also retain civilian counsel at his or her expense.

General Court-Martial
A general court-martial is the highest court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of five officers sitting as a panel of court-martial members. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that set for each offense under the Manual for Courts-Martial (MCM), and may include death (for certain offenses), confinement, a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other forms of punishment. A general court-martial is the only forum that may adjudge a sentence to death.
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