To learn that you are facing a court-martial can be extremely worrisome. That’s why it is so important to be sure that you understand all of your options. By consulting with an experienced attorney who has a deep understanding of the military court system, you can gain insight into what to do – and if you can avoid a court-martial altogether.
Where Will You Be Charged?
The crime with which you are charged has the biggest impact on whether you will in fact face a court martial. In other words, if you are charged with a crime, such as assault, off-base, there’s a possibility that you could instead by tried in civilian court, instead requiring a criminal attorney. This isn’t to say that you might not still face certain consequences within the military.
Options for Avoiding a Court Martial
If the crime that you are charged with is a violation of the military code, you are going to need a military lawyer.
Negotiate
One option is that your attorney can negotiate on your behalf before the trial starts. This is much like a plea bargain in civilian court.
You may be able to exchange your charges for a discharge from the military. After you have officially been discharged from the military then your charges will be dropped.
Retirement
If you were getting ready to retire from the military, it may be a good option to retire instead of facing court martial. This usually will not impact your retirement benefits either.
Lower Rank
A final option is for officers, who may choose to retire at a lower rank. This option requires that you receive approval but can help you to avoid more serious consequences.
The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime
It’s important to remember that in the military (as with civilian cases) you are considered innocent until proven guilty. Just because you are accused of a crime does not mean that you are guilty of one.
The U.S. Government has an interest in obtaining a conviction as soon as possible, as it does not wish to gain negative publicity about one of its service members. That is why it is so important to consult with a knowledgeable and experienced military attorney as soon as possible.
Though there are no guarantees as to how your case will turn out, hiring a qualified military attorney can be your best chance for proving your innocence or reducing your charges.
If you are a military service member and have been charged with a crime under the UCMJ, the Court-Martial Law Division of Aviso Law LLC can help. We proudly serve our military members, who sacrifice so much for our country. To learn more or to schedule a free consultation, contact us today!
