Gorecki & O'Callahan can represent soldiers at any type or stage of court-martial.
Military Courts-Martial
There are three levels of courts-martial: summary, special, and general. The lawyers at our Gorecki & O'Callahan have extensive experience representing soldiers at each level of courts-martial. And, we have vast knowledge about the procedures used at each type of court-martial. Because of our experience and knowledge, we can effectively defend soldiers at all levels of courts-martial.
A soldier who is facing criminal charges should know the basics about the level of court-martial that will hear his case. We provide the information that follows as a general overview of the different levels of courts-martial. The information is only an outline and is not intended to be all-inclusive as each soldier's case is different. To get information specifically tailored to your case and to determine whether you should consider retaining professionals to handle your case, call one of our attorneys.
Summary Court-Martial
- Presiding Official
A military judge does not preside over a summary court-martial. Rather, an active duty officer heads the proceeding.
- Punishment Limitations
The maximum possible punishment a soldier faces at a summary court-martial is limited. The limitations depend on the rank of the soldier being court-martialed. However, regardless of rank, a summary court-martial may not sentence a soldier to a punitive discharge, i.e. a bad-conduct or dishonorable discharge.
- Some of the Rights Available at a Summary Court-Martial
A soldier does not have a right to detailed military counsel at summary court-martial. Therefore, a military defense counsel might not be available to represent soldiers facing summary court-martial charges. A soldier may hire civilian counsel who can help the soldier prepare for trial, be present at the hearing, and present a defense.- A soldier has a right to inspect the evidence that will be used against him.
- A soldier has a right to make motions for appropriate relief.
- A soldier has a right to call witnesses. Requests for witnesses should be made as early as possible.
- A soldier has the right to cross examine the witnesses called by the presiding officer.
- At the completion of the summary court-martial, a soldier may submit a clemency packet requesting relief from the sentence.
- Most importantly, a soldier has the right to object to trial by summary court-martial. Extreme care should be taken when making such a decision because if the soldier objects to the trial, a more severe court-martial might be ordered.
General & Special Courts-Martial
- Presiding Official
A military judge presides over general and special courts-martial. At a special court-martial, a soldier may elect to have a panel of not less than three service members decide his guilt or innocence and his sentence. At a general court-martial, a soldier may elect to have a panel of not less than five service members decide his guilt or innocence and his sentence. Or, at either type of court-martial, a soldier may choose to let the military judge determine his fate.
- Punishment Limitations
The maximum possible punishment a soldier faces at a special court-martial is limited to a bad-conduct discharge, confinement for twelve months, reduction to the lowest enlisted grade, and forfeiture of two-thirds pay per month for twelve months.
At a general court-martial, a soldier faces the maximum punishment authorized by the offense of which the soldier is convicted. For example, a soldier convicted of making a false official statement in violation of Article 107 of the Uniform Code of Military Justice, may be sentenced at a general court-martial to a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
- Some of the Rights Available at General & Special Courts-Martial
A soldier has the right to a detailed military counsel and a soldier may hire civilian counsel. Counsel are responsible for, among other things, making motions, interviewing witnesses, investigating potential defenses, and preparing a defense. At the soldier's request, counsel may also negotiate a plea agreement.- A soldier has the right to inspect the evidence that will be used against him as soon as practicable after charges have been served.
- At a general court-martial, a soldier has a right to a pretrial investigation into the charges to determine whether there is sufficient evidence to support the charges.
- A soldier may choose to plead guilty or not guilty.
- A soldier may call witnesses and cross examine the government's witnesses.
- If convicted, a soldier can put forth extenuation and mitigation evidence, i.e. witnesses to testify about the soldier's record of good duty performance, good character, problems that might have contributed to the soldier's decision to engage in the charged misconduct.
- Following the court-martial, a soldier may submit a clemency packet to the convening authority requesting sentence relief.
Gorecki & Associate's attorneys are quite capable of representing soldiers at each level of courts-martial. Depending on the soldier's circumstances, we can also represent the soldier at any of the different stages of a court-martial. For example, under some circumstances, a soldier might want a civilian attorney to represent him at his pretrial investigation but not at his court-martial or a soldier might want a civilian attorney to represent him only during the sentencing phase of his court-martial. In any case, we have the experience and knowledge to provide the representation a soldier needs.
Contact us to learn more about what Gorecki & O'Callahan can do for you.
Copyright Gorecki & O'Callahan, 2007.