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After your company commander reads you the charges that will be brought against you, you might be left with a lot of questions. If the command is recommending a General Court-Martial, what you can expect next is an Article 32 hearing, which is similar to a grand jury indictment. The Convening Authority will appoint an … Read more

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Perhaps, but that depends on the circumstances. This is probably one of the most difficult questions to answer, and one that every state and nearly every lawyer will answer differently.  But I will try.  Courts-martial convictions are typically considered “felony convictions” if the maximum permissible punishment for the offense is one year or more in … Read more

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We often get questions about making false statements and the legality of searches, among others. Here are answers to two popular questions. Q. Why do false statements – made before or during a court-martial – cause so much trouble? A. Making a false statement is a separate crime for which you can, and most likely … Read more

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Over the course of my career as a military lawyer, I have assisted a number of service members in all branches of the military who faced a court-martial for desertion, or for otherwise being absent without authority with the intention of leaving the military. Understandably, these are challenging cases. The military’s argument is that it … Read more

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My good friend and fellow civilian defense counsel Charlie Gittins has announced his retirement from defending service members at courts-martial and appeal.  Mr. Gittins was a tenacious advocate for his clients and will be missed.  Charlie’s complaints about the court-martial system are not without merit.  Courts-martial are serious matters and if you are pending a … Read more

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The Army Court of Criminal Appeals recently affirmed a soldier’s court-martial conviction because their counsel failed to properly observe an issue at trial.  In United States v. Shaw the ACCA held that when a lawyer makes a particular objection at trial, the accused cannot later object on different grounds. In this case, the appellant wanted … Read more

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The Court of Appeals for the Armed Forces reversed a court-martial conviction finding that the convicted airman’s civilian and military counsel did not effectively represent him.  Most importantly, the CAAF found that the lawyers’ performance was deficient when they did not research whether the charge to which their client was pleading guilty at court-martial would … Read more

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If you are the spouse of a service member, your right to remain silent is different from that of the service member. The authorities only have to advise the spouse of the right to remain silent and have an attorney present if they are suspected of having committed an offense and are held in custody. … Read more

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Trickery and deception by law enforcement is an ongoing part of the investigative techniques they employ. How to deceive suspects into giving information that can be used against them in a court-martial is a part of their training. Deception by law enforcement is permitted by law and has been approved by the U.S. Supreme Court … Read more

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Consider this: ·         Are you a service member (active, Reserve, Guard, discharged, or retired) who faces a court-martial? Or, do you suspect that you may in the future face a court-martial? ·         Are you the spouse of a service member who is facing or expects to face a court-martial? ·         Are you a family member … Read more