We are the best court-martial lawyers because of the care and attention we provide to each of our clients facing court-martial. Going through a court-martial is undeniably terrifying. There’s a long history of fundamental unfairness in the court-martial process. Whether it’s abuse by commanders, renegade investigators, corrupt prosecutors, incompetent defense attorneys, stacked juries, or biased judges, we have seen it all. We are the ones with the experience and skill to fight for our clients.
Court-Martial Lawyers
Why you need a Court-Martial Lawyer
“Pick your attorney first. Anyone accused of a crime will have a lot of decisions to make. Finding the best lawyer should be your first step.”
Andrew Cherkasky, Owner
A court-martial is just as serious as any other criminal trial. If convicted, you could face severe monetary penalties, reductions in your pay grade and rank, and even a lengthy prison term in a military prison, depending on your offense. You cannot underestimate the impact a court-martial will have on the rest of your life.
Experienced court-martial defense attorneys, such as the team at Golden Law, Inc., can guide you through the entire court-martial process, build a robust defense, and ensure that you get the best possible outcome for your case.
We say it’s so important to pick your lawyer because you will have a lot of decisions to make throughout the court-martial. Experience, personality, and skill are the top three qualities we think you should evaluate because they’re the same factors that matter to the jury.
Your future – not just in the military, but in civilian life – may rest on the outcome of your court-martial. That’s why you should hire one of our court-martial defense attorneys to handle your case. We are 100% dedicated to your success and protecting your future.
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Court-Martial cases
Court-Martial Types
General Court-Martial
A general court-martial is the most serious type of court-martial. There are no limits on the punishment except as defined by the crime. In many general courts-martial, the Accused is facing dozens of years, or even life sentences if convicted. Not only are jail sentences unlimited, unlike lower types of courts, you may also receive a dishonorable discharge, or a dismissal in the case of an officer.
Sex crimes, aggravated assault, significant fraud, and crimes against children are the most frequent allegations in general courts-martial.
A general court-martial consists of eight officers that serve as the jury, unless the accused service members elects to trial by a military judge alone. If the accused is enlisted, they may demand at least 1/3 of the jury members also be enlisted. All members of the jury panel will be senior in rank to the accused.
There seems to be no middle ground in the most serious military general courts-martial — it’s either all or nothing. The scariest part of any court-martial is that it may all come down to the court-martial attorney that you have. The only way to reliably fight against these cases is with an experienced court-martial lawyer.
Special Court-Martial
A special court-martial is best defined by the limitations it provides in terms of punishments, but it also includes some reduced rights afforded to the accused. A special court-martial is the civilian equivalent of a misdemeanor crime. Both a special court-martial and a misdemeanor court are limited to no more than one-year of confinement as a result of a conviction. Punitive discharges are also limited to a Bad Conduct Discharge, not the more serious Dishonorable Discharge available at a general court-martial.
There are different types of special courts-martial, some more popular in certain branches of service. In a standard special court-martial, also known as a “BCD Special Court-Martial” entitle the Accused to a panel of 4 jurors, to include at least two enlisted members if the Accused is enlisted.
There are also special courts-martial that further limit confinement time and the danger of a punitive discharge, but also takes away the right to a jury, leaving the decisions of the accused’s fate to the military judge.
Summary Court-Martial
A summary court-martial is the lowest level of court-martial. It is used to address misconduct that is too serious for nonjudicial punishment, but not worth of a true court-martial. In this type of court-martial, a single officer acts as the judge, and is typically a commander, not a military judge. A summary court-martial is limited to no more than 30 days confinement and does not include the possibility of a punitive discharge.
A summary court-martial is more akin to an administrative hearing as opposed a true criminal proceeding. Summary courts are often used pursuant to an agreement to pled guilty.
Service members may refuse a summary court-martial and demand the benefit of a true court-martial. Once refused, the command will decide if they elevate the court-martial forum, which could add significant risk of additional punishment and consequences for a conviction, but also provides the best opportunity for acquittal.
Rights to Court-Martial Lawyers
Every service member is entitled to free detailed military defense counsel to help through their court-martial process. These uniformed military attorneys are members of the larger JAG Corps of their respective service. It doesn’t take much imagination to realize that a uniformed defense attorney appears to have serious potential conflicts of interest.
You may also hire a civilian military attorney at your own expense. Any attorney with an active license in any state can technically come on the case as a civilian counsel in a court-martial. However, if you’re adding a civilian attorney to the case, you want to invest in someone that has served as a JAG, spent years representing clients successfully through courts-martial, and maintains an unblemished reputation for their advocacy. You want someone that focuses their practice on courts-martial.
Many attorneys simply take on occasional courts-martial to add to their general practice law firms in areas near military bases. No matter who you choose, we strongly recommend an attorney that has seen hundreds of court-martial panels, has represented thousands of military clients, and has the combination of skills you think are best for your case.
