A court-martial conviction has serious consequences. Courts-martial are federal courts, so any conviction is a federal conviction. Unlike the civilian court systems, the military does not differentiate between misdemeanors and felonies. From the potential inability to own a firearm to the loss of Department of Veterans Affairs benefits and possible sex offender registration, not to … Read more
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Similar to civilian criminal courts, appeals are allowed in the military justice system. A service member may appeal their court-martial sentence. This means that a court-martial sentence is not necessarily the end of the story. If there have been errors committed at your court-martial, you may have grounds for appeal. If you are convicted at … Read more
The accused has the option of having his or her court-martial heard by either a judge or jury (called a panel in the military.) Military judges are Judge Advocate General (JAG) attorneys, and the panel members are both military officers and enlisted service members. All members of the panel will be senior in rank to … Read more
Once a court-martial gets into the courtroom, it has two basic phases. First, there is the “findings” phase of the court-martial, which is the part of the trial where the judge or “panel” determines whether the government has proven the accused guilt beyond a reasonable doubt. Second, there is the sentencing phase of the court-martial, … Read more
A court-martial is best described as a military criminal trial. Courts-martial are designed to determine whether a service member accused of criminal activity is guilty or innocent of their charges. Generally speaking, just about any criminal offense committed by a service member is under the jurisdiction of a military court-martial. If a service member is … Read more
If the court-martial conviction is affirmed by the service court, the appellant may request review by the Court of Appeals for the Armed Forces and, ultimately, the U.S. Supreme Court. It should be noted that review by these high courts is discretionary. The Court of Appeals for the Armed Forces (CAAF) is made up of … Read more
The Court of Criminal Appeals can correct any legal error it comes across; including the reduction of those court-martial sentences it considers to be excessive. Under Article 66 of the UCMJ, the Court may only uphold such parts of the court-martial findings and sentence that it finds correct in law and fact. In their consideration … Read more
Convictions by a special court-martial or general court-martial are automatically appealed to a service Court of Criminal Appeals if the sentence includes confinement for one year or more, a dishonorable or bad-conduct discharge, dismissal (in the case of a commissioned officer, midshipman, or cadet,) or a death sentence. Unless the service member convicted at court-martial … Read more
Following a conviction at court-martial, a service member has several rights with regards the appeal of his court-martial. However, the court-martial appeal process is very different from civilian courts. This is one of the many reasons why you may want to consider working with William Cassara for your court-martial appeal. You want the best representation … Read more
The service member (Respondent) facing separation at an administrative board has specific rights, including: The right to submit an oral or written statement on the Respondent’s own behalf. The Respondent may also testify on his own behalf or remain silent; The right to request the attendance of witnesses at the hearing; The right to appear … Read more