Obtaining legal advice at the onset of any investigation is invaluable, and can have a dramatic effect upon the ultimate disposition of your case. Under Article 31 of the Uniform Code of Military Justice (UCMJ), you have the right to consult an attorney and the right to refrain from making statements to Military authorities.
If your career and your future are at stake in a court martial, you will need and want an experienced trial attorney who will aggressively defend you and fight for your interests in court. As a former JAG officer, Mr. Thomas is extremely familiar with the court martial litigation process and is uniquely qualified to represent your interests.
Whether you are facing a Special or General court martial, Mr. Thomas will aggressively and assertively litigate on your behalf. Please contact us today to set up a free consultation either by phone at (808) 261-7710 or by email.
What are the different forms of court martial?
The Uniform Code of Military Justice provides for 3 different types of Courts-Martial, which differ in their composition and the punishments they may impose. They are the Summary Court Martial, Special Court Martial, and General Court Martial. In any Court Martial, the accused must be proven guilty beyond a reasonable doubt for a conviction to be warranted.
In a Summary Court Martial, only one Commissioned Officer may try one Enlisted person for noncapital offenses. The accused does not have the right to be represented by an attorney but does have the right to refuse trial by summary.
A Special Court Martial is generally summarized as a misdemeanor Court of not less than 3 members (jurors) and a trial judge. The accused may be tried by the trial judge alone upon request. This Court Martial may try anyone subject to the UCMJ, including officers and service academy cadets.
A General Court Martial consists of not less than 5 members and a military judge and is generally thought of as a felony court, trying all persons subject to the UCMJ.