If someone is convicted of a sex offense, their case is reviewed by the person who referred the case for court-martial. The person that referred your case to court martial is the court martial convening authority, usually a General or Admiral for a General Court-Martial, or a Colonel or Navy Captain for a Special Court-Martial.
After any case, including any case that includes a conviction, the case will go back to that same convening authority for review. You are given an opportunity to ask for clemency. You’ll also be given the opportunity to ask for any relief that you want the convening authority to give you. But the convening authority is not required to give you any relief. Even though the person who referred your case to trial is required to review your case, they’re not required to give you any relief.
Under recent changes in the law, there are limited methods of relief by the convening authority that are authorized. Clemency was once a very powerful tool to undo injustice that occurred during a court-martial process, but in recent years, the appellate courts are the primary source of relief. In some cases, there is no reason to request clemency because there are no options for relief from the convening authority.
Can the Convening Authority Reduce my Sentence?
It is possible to have your sentence and charge mitigated or reduced by the convening authority after a conviction by court-martial. At an appropriate time after a conviction, the Accused has a right to petition the convening authority to take some action in your case. You can ask them to lessen your punishment or set aside any portion of your conviction. In some situations, however, the law has changed to prohibit certain types of relief at clemency.
If you want the convening authority to take any favorable action toward you including lessening your sentence or setting aside one of your convictions, you need to present a particularly persuasive argument through your attorney. Simply saying that you feel like you shouldn’t have been convicted of something, or that you shouldn’t have had a sentence as high as you did, isn’t going to be enough. You need a defense attorney to look closely and find the errors in your case to convince the General that the errors are important enough for your case to be set aside in some way, shape, or form.
Can My Sentence For A Sex Offense Conviction Be Increased By The Convening Authority?
Your sentence for a sex offense conviction cannot be increased by the convening authority. That’s an absolute prohibition. If the convening authority sends your case to a court-martial, and that court-martial comes up with a sentence, the convening authority cannot increase your sentence because they disagree with the court-martial’s determination. The only thing the convening authority can do is lower your sentence. There can be no increase. The convening authority is not permitted to take any action that would be worse for you.
I Received A Punitive Discharge Or Confinement For One Year Or More. What Are The Appeal Procedures For My Case?
In the military branches, when you are convicted of an offense and you receive a punitive discharge or confinement for more than one year, you are going to get an automatic appeal and a defense counsel to represent you in that appeal. So, at the end of your court-martial, you and your defense attorney will sign a document that’s called post-trial and appellate rights. Your post-trial and appellate rights document should explain everything that happens after your court-martial conviction, including the counsel that will be assigned to you. For instance, if you’re an Airman, you get an Air Force appellate defense counsel. If you’re a soldier, you get an Army appellate defense counsel. If you’re a sailor or Marine, you get a Navy appellate defense counsel who is going to help you work through the appeals process.
The defense counsel in the Air Force, Army, Navy, or Marine Corps, are assigned to your case automatically. They will work with you, whether you’re in confinement, at home, or awaiting the final outcome of your case on appeal. They’ll work with you and look at your record, transcript of your court-martial, and all of the documents admitted at your court-martial. They may be able to identify ways in which you can appeal your case. When that review is done, they’ll put together a brief, which is a document they submit to the appellate court, and talk to you about some additional matters that you’re able to put in that brief. You can include some things that you think went wrong at your court-martial and put that in the brief as well. The appellate procedure is a way for an appellate attorney to look through the materials that are provided. They identify any issues and then submit a brief to the court for consideration.
As with any procedure, an appeal is especially a time in which you want an experienced defense counsel on your side. If you believe that you were wrongfully convicted, or if you’re spending time in jail, suffering a bad conduct, or dishonorable discharge, you need an expert defense counsel who can go through your records and identify the issues in your case. Your defense counsel can write persuasively to get you the relief that you’re looking for. You need someone with a successful track record because ultimately, most appeals are denied. Therefore, you want to make sure to have a good team on your side to get your appeal the best chance of being granted.
You have the right to hire a civilian attorney to prepare and argue your appeal. Your civilian attorney will work closely with your appointed military attorney to prepare your appeal. Get the best. Call us for a consultation.
