Denver, CO Martial Law Blog

Friday, September 29, 2017

Post-Retirement Court-Martial Proceedings

Q: Can a service member be court-martialed after retiring?

Even a long-retired general can have his senior brass dragged back into military court--though it's highly unusual.

Hiring a court-martial defense attorney may be at the top of a to-do list for a retired Army four-star general facing a court-martial after being charged with "six counts of rape of a minor" between 1983 in 1989, in violation of Article 120 of the Uniform Code of Military Justice. The alleged rapes reportedly occurred while he was on active duty serving in the United States and Germany. This is so rare that he is only the fifth Army general to possibly face court-martial charges "since the Truman administration", and in some other branches, it has never happened to a general before.

Since there is no statute of limitations on rape in the military, and because the retired general is drawing a military pension, he can still be charged with military crimes-- despite having retired 12 years ago. And with increased pressure in recent years to crack down on sexual misconduct in the military, especially child-related sex crimes the long-standing "unofficial taboo" against prosecuting senior military leaders for sex crimes has been "shattered".

If found guilty of all charges after a court-martial the general faces the following possible punishments:

  • "dismissal from the army,
  • total forfeiture of his retirement pay and allowances,
  • life in prison with the possibility of parole."

With your career, reputation, and freedom on the line, shouldn't you trust your future to a skilled civilian military defense attorney with the time, experience, and resources to mount a proper defense—rather than the often-overworked and generally-inexperienced free court-appointed military defense attorney?

If you are a servicemember now facing accusations, have been charged, or want to appeal a conviction, the attorneys at Elkus, Sisson, and Rosenstein, in Colorado Springs and Denver, will develop an individualized and aggressive defense on your behalf.

We have a proven record in high-profile cases and represent service members of all ranks in all branches of the military whether stationed at home or abroad. That includes four-star generals and anyone else, active or retired. Contact us for a free consultation.

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