I know it is difficult to testify against someone at a court-martial…especially if it is a fellow Soldier, Sailor or Airman. However, there some scenarios in which a Commanding General convening a court-martial may offer you immunity in order to use your testimony against someone else in a court-martial. Often times the Commanding General will do this because the information you have is about a more severe crime or because you are a “little fish” and he or she is looking for the “big fish.” There are two types of immunity involved in a court-martial. They are testimonial immunity and transactional immunity. Testimonial immunity means that your testimony or other information you give may not be used against you in a future court-martial. Transactional immunity means that you cannot be prosecuted for the crime or a related matter that you are testifying about. Between the two, transactional immunity has broader protections. Therefore, in most scenarios you would want to request transactional immunity from the Commanding General convening the court-martial. If you fear you may be facing prosecution and have information that could help the Government in a related court martial you need an experienced attorney to help you through the process of obtaining immunity. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
By William Cassara | September 3, 2020
By Beth Harvey | August 20, 2020