Helping Clients Navigate Court-Martial Consequences Successfully
One of the most agonizing parts of understanding the court-martial process is understanding the collateral consequences of a possible conviction. Active duty counsel is not always experienced in understanding the effects of a court-martial. This is partly because, after the trial, their involvement in court-martial cases is usually over. This article provides some answers to common questions about court-martial and their consequences.
What types of punishment can be imposed in Corts-martial Cases?
The UCMJ authorizes nine types of punishment for offenses: punitive discharge, confinement, hard labor without confinement, restriction, reduction in grade, fine, forfeitures, reprimands, and death.
When does the punishment become effective?
A punitive discharge does not become effective until the appellate review is complete. Forfeitures in pay and reductions in rank take effect either 14 days after the sentence or when the Convening Authority approves the sentence. There are automatic forfeitures if the sentence is more than six months or a punitive discharge is imposed. Fines are due immediately. Confinement credit begins to accrue the day that it is adjudged.
What is good conduct credit?
A court-martial sentence imposing confinement can be devastating. The accused and family will often have many questions. Service members can obtain a reduction in their amount of time served for good conduct and work credit. Depending on the sentence length, a service member could reduce his or her sentence by half.
What are clemency and parole?
Under Rule for Courts-Martial 1105, the Convening Authority can remit or suspend any part of a sentence. The Secretary of the Service and Clemency and Parole Board also have that authority.
Contact Daniel Conway & Associates today to explore court-martial consequences!
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Daniel Conway Partner
For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...Read More
Brian Pristera Attorney
A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...Read More
Joseph Galli Attorney
Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...Read More
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