Military Defense Lawyer for Summary Courts Martial
Worldwide Summary Court Martial Assistance
When military enlisted personnel get in trouble involving misdemeanor level
misconduct, a Summary Courts Martial can be convened. These are fairly
simple procedures involving only a military officer, often a judge advocate.
This officer will preside over both the prosecution and the defense of
the accused. The accused must agree to trial by Summary Courts Martial
before it can begin, otherwise the accused can be referred for a Special
Courts Martial instead.
The issue with a Summary Courts Martial is that the presiding officer may
have no prior legal experience whatsoever, yet is acting as prosecutor,
defense attorney and the judge. Although bound to follow the Military
Rules of Evidence, this officer may not be very familiar with them, if
at all. This being a minor matter, no court appointed defense is provided
to the accused, so it may be in your best interests to retain the services of a
military criminal defense attorney to represent you or to assist you with your preparation.
International Military Justice Lawyers
Because infractions are minor, punishments for conviction are not as severe
in these cases. Military personnel with a pay grade of E-4 or below can
be sentenced to up to 30 days imprisonment as well as reduction to a grade
E-1 pay. If an enlisted member is pay grade E-5 or above, they can only
be reduced by one pay grade and are not subject to confinement. They would
still, however, face restriction for up to 60 days and forfeiture of two-thirds
basic pay for one month.
Conviction in a Summary Courts Martial cannot lead to any punitive discharge
and is also not considered a federal offense, unless represented by an
attorney during the proceeding. It is obvious that if you choose to be
represented in this type of a courts martial you would want the very best,
as losing in this arena means you could have a federal conviction on your record.
Sometimes retaining the services of our legal firm to obtain the best advice
regarding your legal circumstances is warranted to avoid a more serious
outcome to your case. With our extensive experience in military criminal
law, we have the expertise to provide you with the choices you need for
the best outcome to your case.