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    Open 24/7   SD: 619-814-5110 | OC: 949-681-7020 | Vista: 760-814-6025

    FAQ | Court Martial

    Military Court Martial

    Frequently Asked Questions

    A court-martial is a military criminal court that tries service members accused of violating the Uniform Code of Military Justice (UCMJ). It functions similarly to a civilian criminal court but follows military law and procedures.

    There are three types:

    • Summary Court-Martial – For relatively minor offenses.
    • Special Court-Martial – Similar to a misdemeanor court.
    • General Court-Martial – The most serious level, comparable to a felony court

    Yes. You have the right to be represented by a military defense attorney at no cost and may also hire a civilian military defense lawyer to represent you or work alongside your military counsel.

    Common offenses include:

    • DUI or drunk driving
    • Drug use or possession
    • Assault
    • Sexual assault allegations
    • Domestic violence
    • Theft or fraud
    • AWOL/Desertion
    • Conduct unbecoming an officer
    • Violations of military orders

    Potential penalties include:

    • Reduction in rank
    • Forfeiture of pay
    • Confinement
    • Bad Conduct Discharge (BCD)
    • Dishonorable Discharge
    • Dismissal (for officers)

    Article 15 proceedings are administrative disciplinary actions handled by a commander. A court-martial is a criminal proceeding that can result in a federal criminal conviction.

    Yes. Under Article 31 of the UCMJ, service members have rights similar to Miranda rights, including the right to remain silent and the right to consult with counsel.

    Yes. A conviction at a special or general court-martial can create a federal criminal record that may affect future employment, security clearances, and professional licensing.

    The timeline varies depending on the complexity of the case, evidence, motions, and trial scheduling. Cases can take several months or longer to resolve.

    Yes. Most convictions can be appealed through military appellate courts and, in some circumstances, to federal courts.

    Do not make statements to investigators, supervisors, or command personnel without first consulting an experienced military defense attorney. Early legal intervention can significantly impact the outcome of your case.

    Yes. Depending on the conviction and discharge characterization, a service member may lose veterans’ benefits, retirement benefits, educational benefits, and future military opportunities.

    If you have additional questions, we are here to provide clear, straightforward answers. Browse the information below to learn more about the questions we commonly receive from service members and military personnel facing court-martial proceedings. Every case is unique, and general information may not address the specific facts and circumstances of your situation. Learn more through our Court-Martial FAQ.

    Dod Law | Award-Winning Military Criminal Defense

    Speaking directly with an experienced military defense attorney can help you understand your options and protect your rights, career, rank, benefits, and future. Contact Dod Law at (619) 814-5110 for a confidential consultation and take the first step toward defending your future. Proudly serving service members throughout San Diego, Southern California, and military installations worldwide.

    Dod Law is an award-winning criminal defense firm dedicated to representing active-duty service members, reservists, and veterans facing court-martial charges and other military justice matters. If you are under investigation, have been charged under the Uniform Code of Military Justice (UCMJ), or are facing a court-martial, speaking directly with an experienced military defense lawyer can make a critical difference in understanding your rights, evaluating your options, and building the strongest possible defense for your case.

     

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