How Do You Prepare for a Court-Martial?

Your court-martial is on the horizon, so of course you have questions and concerns, especially if you are looking to be as proactive as possible. From consulting with a military attorney to deciding on what to say, how do you prepare for a court-martial?

Consult with Legal Counsel

The first thing you should do to prepare for a court-martial is to seek legal advice from a military defense lawyer. This is because they focus on military law, which has some differences from regular civilian law. In addition to providing advice, a lawyer can:

• Represent you during investigations, pretrial hearings, and court-martial proceedings.
• Gather evidence, interview witnesses, and analyze the case.
• Negotiate plea bargains.
• Advocate for your rights in accordance with the Uniform Code of Military Justice (UCMJ).

Understand the Charges Against You

Ensuring you have a full understanding of the charges against you and the potential penalties is important not only for your defense but also to give you confidence during a trial. Don’t hesitate to ask your attorney any questions about the charges or penalties. They are there to support you throughout the entire process.

Gather Evidence

You and your attorney will work to gather evidence that supports your defense. This includes witness statements, documents, or pictures. It is recommended that you ensure any evidence is preserved and handled appropriately. You do not want any legal issues to come up due to mishandled evidence.

Understand the Purpose of the Article 32 Hearing

The Article 32 hearing will determine whether or not there is enough evidence to proceed with a court-martial. While you have the right to remain silent, if you and your lawyer decide it is recommended you or a witness testify, they can help you prepare.

Understand The Court-Martial Process

Understanding the process from beginning to end can eliminate the fear of the unknown. It can help ease your mind and better prepare you for what is to come.

The basics of the court-martial process include understanding the type you will face. There are three types, in order from least severe to most severe: summary, special, and general courts-martial.

The process begins with an investigation and charges. Once the charges are filed against the accused, the Article 32 hearing is scheduled. The commanding officer decides whether or not to refer the case to a court-martial. If it does proceed, the process moves into arraignment.

During arraignment, the accused enters either a guilty or not guilty plea. The trial will proceed similarly to a civilian criminal trial but is instead decided by a military judge and a panel of military personnel. If the accused is found guilty, a sentencing hearing is held to determine the appropriate punishment. Afterward, the accused then has the right to appeal the verdict.

Differences From Civilian Trials

While there are many similarities between court-martial and civilian trials, there are differences. Instead of a jury, there is a panel of military personnel, and the evidence rules differ. Your military defense attorney understands these differences in laws and procedures and how to handle cases within this system.

Practice Your Testimony

Take the time to rehearse your testimony. Rehearsing helps you:

• Boost your confidence
• Practice your delivery, tone, and body language
• Enhance the clarity and coherence of your voice
• Anticipate potential questions from the prosecution
• Identify weaknesses or inconsistencies in your testimony

Stay Calm and Composed

It’s natural to feel nervous or jittery during a court-martial, and most people do. But staying calm is not only about looking good for the court; it is a smart strategy. If the military personnel see a person who is in control of their emotions, they see a more trustworthy person.

If you can keep calm, you are more able to focus on the questions being asked and provide the answers you prepared for. Don’t forget to be respectful of the seriousness of the situation and cooperate with the legal process.

Get Prepared for Your Court-Martial

Preparing for a court-martial is a challenging task for everyone, and you do not need to do it alone. By having an experienced military defense lawyer by your side, you may come prepared with customized strategies.

FAQs

Q: How Serious Is a Court-Martial?

A: This depends on the type of court-martial and the alleged offense. The least serious is a summary court-martial, whereas the most serious is a general court-martial. A general court-martial is for serious crimes such as desertion, sexual assault, or murder. The consequences of a conviction will impact your military career and future and can result in a federal criminal record, which will affect you as you return to civilian life.

Q: What Rights Do I Have During a Court-Martial?

A: The rights you have during a court-martial are similar to a civilian criminal trial. This means that you have the right to legal counsel, to remain silent, a fair and speedy trial, and the right to appeal. The differences include:

• Military courts use a lower burden of proof called “clear and convincing evidence.”
• Military personnel serve as the jury.
• The chain of command influences the sentencing options.

Q: What Happens During a Court-Martial?

A: If you understand what happens at a regular civilian criminal trial, you have a decent understanding of the goings-on of a court-martial trial. The military does, however, follow its own rules of evidence, and there is not a formal jury but a panel of military personnel. Similarly to a civilian trial, if the accused is found guilty, there will be a separate hearing to decide on the punishment, and they have a chance to appeal the decision.

Q: How Long Will the Court-Martial Take?

A: The length of a court-martial depends on your situation. A simple one, like a summary court-martial, might only take a day. But in more serious cases, like special or general courts-martial, it could go on for months. For a better idea of what to expect during your court-martial, you should consult with a military defense lawyer.

Learn More About What to Expect When Facing a Court-Martial

Aaron Meyer Law can provide you with experienced legal representation that fits your needs. Schedule a consultation to learn more about how we can protect your rights and advocate on your behalf. The earlier you seek legal support, the more effective your legal representation may be.