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As a defense attorney, I am frequently asked how I can represent people I “know” are guilty.  My usual response is “Why don’t you ask a prosecutor how they can prosecute someone they “know” is innocent?”  I am then met with statements such as “that doesn’t happen.”  Well, in my opinion, it does.  I have … Read more

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This is an interesting article on “Shaken Baby Syndrome.”  I have represented numerous service members charged with SBS.  Frequently, the issue comes down to the cause of injury, and experts differ on the issue.  If you are charged with SBS, you need an experienced court-martial attorney.  If you or a loved one has been convicted … Read more

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I am frequently asked if it is possible to “appeal” a court-martial conviction through the civilian courts.  The short answer is yes. The long answer is much more complicated.  While one can file an appeal in federal court (after all military appeals are completed) it is rare for a federal court to intervene and grant … Read more

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I am frequently asked if it is possible to “appeal” a court-martial conviction through the civilian courts.  The short answer is yes. The long answer is much more complicated.  While one can file an appeal in federal court (after all military appeals are completed) it is rare for a federal court to intervene and grant … Read more

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Summary Court-Martial – Trial by summary court-martial provides a simplified process for the resolution of charges involving relatively minor incidents of misconduct. The summary court-martial involves a single officer who, depending upon service branch policies, is a judge advocate (a military attorney). The maximum punishment a summary court-martial may impose is considerably less than a … Read more

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Criminal prosecution in both federal and state courts is also a possibility under the Constitution. The double jeopardy clause does not apply here because of the involvement of the state and federal governments. As a matter of policy, however, a service member whose trial is pending who has been tried by a state court is … Read more

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Courts-martial have sole jurisdiction over wholly military offenses. In the case of an offense that violates the Uniform Code of Military Justice (UCMJ) and the criminal law of a State, other Federal law, (or all three) it must be determined which jurisdiction will move forward with the prosecution. This decision is made through coordination between … Read more

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The Article 32 Investigation is an important proceeding and one of the first steps on the road to a general court-martial. This pre-court-martial investigation is an extensive evidentiary hearing conducted before a single investigating officer, typically a line officer but, depending on the circumstances, can be a judge advocate or even a military judge. The … Read more

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 Former Supreme Court Justice Warren Burger called the American court-martial system “the most enlightened military code in history” — but few would call it perfect. In an unusual public ceremony in Seattle last year, the U.S. Army apologized for the wrongful convictions of 28 African-American soldiers of the 43 tried in the largest and longest … Read more

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Among the earliest courts-martial in American history took place in 1779, when the infamous Major General Benedict Arnold faced court-martial for employing troops for personal gain (he was acquitted of most charges, though convicted of two minor violations). A delay in the court-martial irritated Arnold so much that it possibly contributed to his betrayal of … Read more