What to Do in the First 24 Hours After You’re Told You’re Facing a Court-Martial

Facing a court-martial may be one of the scariest moments of your military career. Before anything else, it’s crucial that you learn what to do in the first 24 hours after you’re told you’re facing a court-martial. If you’ve never faced a court-martial, there’s comfort in being prepared. Taking the following steps is essential to maintaining control over your case.

Stay Calm

The first thing you should do upon learning you’re facing a court-martial is to remain level-headed and grounded. Don’t let yourself get worked up, angry, or depressed. Channel your energy into positive actions that can benefit your case. Panicking can cause you to make poor decisions, which can ultimately worsen your situation.

Understand What It Means to Be Court-Martialed

Being court-martialed means you have been charged with a military crime for a violation of a military law or the Uniform Code of Military Justice, also referred to as the UCMJ. It involves a military criminal trial that is subject to procedures unique to military courts. Depending on the severity of the charges, potential penalties can be specific to military members, like a loss of rank or pay, discharge, or imprisonment.

A general court-martial is reserved for the most severe charges and results in the harshest penalties. Some individuals facing a general court-martial must appear before a judge in military court for an Article 32 hearing. The purpose of this hearing is to establish probable cause. If you are scheduled to appear at an Article 32 hearing, contact an attorney as soon as possible to represent you.

Hearings and trials are held at court-martial facilities, or Judge Advocate General (JAG) facilities, like the Navy-Marine Corps Judiciary in San Diego. This JAG location serves the Southwest California region and holds trials at the Naval Base San Diego, located at 3380 Sturtevant Street.

Learn the Facts of Your Charges

Understanding the circumstances of the charges against you, as well as the timeframe of the legal process, can help you relay your legal situation informatively when you talk to a general court-martial defense attorney. Gather the following information regarding your case:

• What charges are there against you?
• What is your next step, and what is the timeline for you to comply?
• Are you being accused under the UCMJ?

Hire a General Court-Martial Defense Lawyer

Once you have a grasp of the charges being made against you, you should hire a general court-martial defense lawyer. An attorney can help you understand your rights under the UCMJ. This is important to prevent you from incriminating yourself going forward.

Knowing when to exercise your right to remain silent can protect you from the sneaky tactics used by military investigators who may try to intimidate you into making statements they can later use against you.

Your right to legal counsel is also an essential element in your case. Having an attorney there to advocate for you, represent you, and provide legal counsel on your behalf is essential to ensuring your rights are protected and that you get a fair trial.

As your case advances, a good attorney can explain important general court-martial defense laws to you as they apply to your case. Your attorney may need to further investigate the facts and witness statements in your case, and they may challenge questionable evidence against you. They may discover evidence that favors your case and present it to the court.

These actions are also afforded to you as the right to present evidence and the right to challenge the credibility of witnesses testifying against you.

Building a Defense Strategy

Based on the evidence available, an attorney can carefully consider general court-martial defense strategies and determine the strongest angle for your case.

In the meantime, while you await your trial, don’t discuss your case with anyone. Instead, keep a daily log in which you document your case. Include timelines, observations, communication, and your own involvement with events of the case.

A final recommendation is to remain professional throughout your case. Be respectful and avoid confrontation. Your behavior and conduct can affect the overall outcome of your case. Follow the advice of your general court-martial defense attorney, and let them handle communication with prosecutors and investigators on your behalf.

Why Choose Us?

At Aaron Meyer Law, we fight aggressively for our clients. Our commitment to speaking up against injustice means our firm is known for success and integrity. Our founding attorney is a former US Marine who has dedicated his practice to protecting those who protect our country. In 2009, he received the New York Bar Association’s Award for Trial Advocacy from the Navy and Marine Corps’ Justice School.

FAQs

Q: How Long Does the Court-Martial Process Take?

A: The timeline of the court-martial process varies. Cases can take anywhere from months to a year or more. When an appeal is involved, they can take even longer. The time it can take from the referral of charges to the final resolution depends on the simplicity or complexity of the case.

Q: What Should You Expect From Your First Time Appearing for a Court-Martial?

A: If it is your first time appearing for a court-martial charge, you can expect court proceedings to be similar to those of a civilian courtroom trial. Expect to hear opening statements, see the presentation of evidence, and listen to witness testimonies. Following typical courtroom procedures, a panel of officers or a judge, rather than a jury, makes a final ruling based on UCMJ governance and guidelines.

Q: What Happens if You Get Court-Martialed?

A: If you get court-martialed, you must appear in military court for a trial to determine your guilt or innocence in the charges filed against you. If found guilty, you may be sentenced to carry out military-specific penalties. Such penalties may include loss of pay or rank, confinement, dishonorable discharge, or loss of other benefits. Penalties are based on the charges you are convicted of.

Q: Do Court-Martial Convictions Go on Your Record?

A: Yes, court-martial convictions do go on your military record. These records may impact your future job eligibility and your potential for post-service opportunities. In some circumstances, you may be eligible for a pardon or an expungement of marks on your record. Speak to a general court-martial defense attorney to learn how you may be able to correct your record.

Connect With a General Court-Martial Defense Lawyer

In 2023, there were almost 1,500 military personnel tried by judge advocates. If you are facing a general court-martial, you are not alone. Aaron Meyer Law wants to fight for you. Contact our office to schedule a meeting. We’re already on your side.