When a service member in Colorado faces accusations under the Uniform Code of Military Justice (UCMJ), one of the most stressful outcomes is being placed in pre-trial confinement. Unlike civilian jail, military confinement follows a specific set of procedures meant to balance command authority with an accused service member’s rights. Understanding these rights and the role an experienced military defense attorney can play can make a significant difference in how your case unfolds.
What Is Military Pre-Trial Confinement?
Pre-trial confinement is the military’s version of being held before a court-martial. It’s not a punishment, but a preventative measure used when commanders believe a service member:
- May not appear for trial or investigation
- Could engage in further misconduct
- Might interfere with the ongoing investigation or harm others
In Colorado Springs, where multiple military installations operate, such as Fort Carson, Peterson Space Force Base, and the Air Force Academy, service members may be confined locally or transferred to regional military facilities.
How the Confinement Decision Is Made
The process typically begins when a commander orders temporary restraint, such as restriction to quarters or arrest. If the commander believes confinement is necessary, they must provide a clear justification under Rule for Courts-Martial (RCM) 305.
A neutral and detached officer, often called a pretrial confinement reviewing officer (PCRO), must review the commander’s decision within 48 hours. A more formal review occurs within seven days to ensure confinement is lawful and justified. This hearing determines whether probable cause exists to believe the accused committed an offense and whether continued confinement is required.
At each stage, the service member has the right to counsel and to present evidence showing confinement is unnecessary.
Your Rights While Confined
Service members in pre-trial confinement retain many rights guaranteed under the UCMJ and the Constitution. These include:
- Right to counsel: You have the right to consult with a military defense attorney or civilian counsel of your choice.
- Right to humane treatment: You cannot be punished before trial. Confinement conditions must meet legal and medical standards.
- Right to challenge confinement: Your attorney can request a review or file a motion to have you released pending trial.
- Right to due process: The government must demonstrate that confinement is necessary, not automatic.
Violations of these rights can impact the outcome of your case. If confinement conditions are found to be unlawful, a court-martial judge may grant sentence credit or other relief.
How a Military Defense Attorney Can Help
If you or a loved one has been placed in pre-trial confinement, immediate legal representation is vital. A skilled court-martial defense attorney can:
- Request an independent review of the confinement decision
- Gather witness statements, command records, and documentation to challenge continued detention
- Identify procedural errors or violations of Article 13, which prohibits punishment or excessively harsh treatment before trial
- Work with command and investigators to secure your release while preparing your defense
Even short-term confinement can have long-lasting effects on your reputation, career, and mental health. An attorney who understands both the UCMJ and the dynamics of military life in Colorado Springs can help protect your rights from the start.
Next Steps After Confinement
If you or someone you know is facing pre-trial confinement:
- Contact defense counsel immediately. Don’t wait to see how things “play out.”
- Document everything. Keep a record of confinement conditions, dates, and interactions with command or investigators.
- Communicate through your attorney. Avoid discussing the case with anyone else, as statements can be used against you.
- Stay compliant. Cooperate with lawful orders, attend all proceedings, and follow your attorney’s guidance.
The sooner you act, the more options you have to challenge confinement and prepare your defense.
Why Local Counsel Matters
Colorado Springs hosts a large concentration of active-duty and reserve service members from every branch of the military. Commands often act quickly when misconduct is alleged, and confinement decisions can vary depending on local command policies and available facilities.
The attorneys at Court Martial Law have extensive experience representing service members stationed in and around Colorado Springs. We understand how local commands approach pre-trial confinement, and we work proactively to secure releases, protect careers, and build strong defense strategies before trial.
Take Action to Protect Your Rights
Being confined before your case is heard can feel like you’ve already been judged. But the law gives you the right to challenge that decision and the right to a fair defense. At Court Martial Law, we help service members in Colorado Springs and throughout the state fight unlawful confinement and prepare for the strongest possible defense.
Contact us today to speak with a dedicated military defense attorney who can help you understand your rights and next steps.