What should I do if I am put in pretrial confinement?
Sometimes military servicemembers facing charges are placed in pretrial confinement prior to their court-martial. If this happens to you, you may feel that your situation is helpless. However, even after being placed in pretrial confinement, this original confinement decision must get reviewed within 48 hours, sometimes 72 hours depending on who made the original confinement decision, and then again by a military magistrate within 7 days of the confinement. These reviews can serve as an opportunity for release. If you need someone to advocate for your release, I have a large amount of experience in doing so. Having said that, there can be some advantages to staying in pretrial confinement prior to your court-martial. For example, if you get sentenced to confinement at your court-martial, you will get credit for the time that you already did in pretrial confinement. Additionally, because you have not been convicted of any crimes while in pretrial confinement, you continue to get paid as a servicemember. Also, depending on your crime, sometimes it is good to be placed in confinement away from your command and peers because if you are still with them, they may not treat you well. To know whether you should remain in pretrial confinement prior to your court-martial or fight for release takes experience. I can help you with that. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.