Military Defense Lawyers for Summary Courts-Martial
Worldwide Summary Courts-Martial Assistance
When military enlisted personnel get into trouble involving misdemeanor-level
misconduct, a Summary Court-Martial can be convened. These are fairly
simple procedures involving only a military officer, often a judge advocate,
who presides over both the prosecution and the defense of the accused.
The accused must agree to trial by Summary Court-Martial before it can
begin; otherwise, the accused may be referred to a Special Court-Martial instead.
The concern with a Summary Court-Martial is that the presiding officer
may have no prior legal experience whatsoever, yet he acts as prosecutor,
defense attorney, and judge. Although he is bound to follow the Military
Rules of Evidence, the officer may not be very familiar with them, if
he is familiar with them 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 Summary Court-Martial situations. 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. However, they would still 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. Obviously, should you choose to be represented
in this type of
a courts martial, you 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.