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Information about Court Martial Process

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Court-martial is a criminal trial for an active military member who is accused of committing some crimes according to UCMJ (Uniform Code of Military Justice). The crimes such as manslaughter, larceny, conspiracy or arson are some of these criminal activities which are similar to civilian crimes. You can prevent your court-martial process by hiring some experienced lawyers who can guide you with proper paper works and pieces of evidence to reduce your level of punishment.

Generally, you may have an opportunity to hire some civilian attorney from your personal contacts. If you need any suggestion to find the best lawyer for your court-martial case, then you can have the best solution at Law Office of Jocelyn C. Stewart. You can take advantage of all the experienced law workers in terms of creating legal paper documents and other needful documents to submit in the court.

There are three types of court-martial punishment in the military which are Summary Courts-Martial, Special Courts-Martial and General Courts-Martial. Here in this article, I’m going to write a few words about those types to give you an overall idea of it. So, let’s have a quick look at it.

Summary Courts Martial

Summary Courts-Martial are quick procedures for the military member who is accused of minor offenses. It does not need a military judge or attorneys from JAG (Judge Advocate General). A commissioned officer can review all the presented facts, legal evidence and sentencing guidelines to issue a decision against the military officer.

45 days of hard labor, 30 days confinement, restriction to a particular area for 60 days, reduction in rank or one month of reduced pay are the general punishments in summary courts-martial act.

Special Courts Martial

This type of court-martial is reserved for more severe offenses by any military officer. It is just like a civilian criminal trial, with limited times to find the guilt, trial, and sentencing of the guilty.

A defense attorney can be assigned to the accused under some serious circumstances and another trial attorney is assigned to the prosecution. A three service members’ panel will decide the case facts, unless the accused military officer specifically requests the military judge to do so. Generally, three months of hard labor, six months of pay forfeiture, and one year of confinement or bad-conduct discharges are the maximum penalties in special courts-martial.

General Courts Martial

General courts-martial process is here to justify the extremely severe offenses. There are two types of offense in this section, non-capital offense and capital offense. Panels of five members are needed to handle the case of non-capital offenses whereas a team member panel is needed to handle the capital offense case to decide the facts. Mainly life imprisonment and dishonorable discharge are the common punishment in this process.

So, if you are facing a court-martial proceeding, you can appoint a civilian attorney specializing in all the military law who can lead you in the proper way with extra effort. Because he/she is not subjected to any type of command from your seniors and have more time to take a close look at your case closely and devotedly.

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