If you’re serving in the military and someone accuses you of a crime, you might assume that you’re free until proven guilty, just like in the civilian world. But under military law, that’s not always the case.
Service members can be placed in pretrial confinement before their case ever reaches a court-martial. It’s a stressful and confusing experience, especially if you or your family aren’t familiar with how the military justice system works.
Let’s take a closer look at when pretrial confinement can happen, what rights you still have, and how to protect yourself during this stage of the process.
What Is Pretrial Confinement?
Pretrial confinement in the military means you’re held in custody while waiting for your trial. This isn’t the same as serving a sentence. It’s more like being held in jail without a conviction, but the rules are different from those in the civilian system.
In most cases, pretrial confinement happens when commanders believe a service member is:
- A flight risk
- Likely to obstruct justice (e.g., by tampering with witnesses or evidence)
- A danger to others or the mission
Confinement can start quickly. You might be placed in the brig or another holding facility while an investigation is still ongoing. This can be especially difficult if you’re stationed far from home or overseas.
Do I Have Any Rights If I’m Held Before Trial?
Yes, absolutely. Even though you’re in the military, you still have rights. The Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial both outline protections to prevent unfair detention.
Some of the rights you have include:
- The right to a prompt review: Within 48 hours of being confined, a neutral officer must determine whether your confinement is justified. A second review happens within 72 hours.
- The right to legal counsel: You are entitled to consult with a military defense counsel, and in many cases, you can hire a civilian attorney to represent you.
- The right to a pretrial confinement hearing (Article 32 equivalent): This can determine whether continued confinement is necessary.
- The right to appeal your confinement: If the review finds that you should not be held, your legal team can push for your release before trial.
Why Is Pretrial Confinement So Serious?
Being confined before trial can impact every part of your life. You’re separated from your family. You can’t prepare your defense as easily. Your command and peers may already assume guilt. And if you’re stationed at a base like Peterson Space Force Base in Colorado Springs or deployed overseas, confinement could happen far from your support network.
It’s not just emotionally challenging—it can also hurt your chances at a fair trial if you’re not proactive.
That’s why it’s so important to take early legal action. The sooner your attorney can review the facts, push back on unlawful detention, and advocate for your release, the better your chances of maintaining your rights and your reputation.
Can Civilian Attorneys Help with Pretrial Confinement?
Yes. Many service members choose to bring in civilian military defense attorneys because they often have more time and resources to dig into the details of their case. These attorneys can work in partnership with military counsel or represent you independently.
Even though our team is based in Colorado Springs, we defend service members across the United States and worldwide. We routinely handle cases involving pretrial confinement, unlawful detention, and rushed command decisions.
We understand what’s at stake—not just your freedom, but your career, your benefits, and your future.
What Should I Do If I’m at Risk of Confinement?
If you think your command is considering pretrial confinement or if you’ve been notified of pending charges, don’t wait. Legal action can start before you’re taken into custody. In some cases, a skilled attorney can argue for less restrictive measures, such as base restrictions or liberty limits, instead of confinement.
Here are some steps you can take:
- Contact a military defense attorney right away
- Avoid discussing your case with anyone but your lawyer
- Ask for a review of your confinement if you are already in custody
- Keep a written record of any command interactions that seem threatening or irregular
Being proactive can make all the difference. Your legal team can challenge the basis for your detention and, in many cases, push for your release while you await trial.
We’re Here to Protect Your Rights
Pretrial confinement is one of the most challenging parts of a military criminal case, but you don’t have to go through it alone. Whether you’re stationed in Colorado Springs or deployed across the world, our team is ready to stand with you.
At Court Martial Law, we defend service members at every stage of the process, including fighting against unjust pretrial confinement. If you or a loved one is facing charges or has already been detained, contact us for a free consultation. The earlier you act, the more we can do to help.