Military Criminal Defense Attorneys Explain Courts-martial Cases and Their Consequences
One of the most agonizing parts of understanding the court-martial process is in 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 courts-martial cases is usually over. This article provides some answers to common questions about courts-martial and their consequences.
What types of punishment can be imposed in Corts-martial Cases?
The UCMJ authorizes 9 types of punishment for different types of 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 length of the sentence, a service member could possibly reduce his or her sentence by half.
What are clemency and parole?
Under Rule for Courts-Martial 1105, the Convening Authority has the authority to remit or suspend any part of a sentence. The Secretary of the service and Clemency and Parole Board also have that authority.
Nearly every service member who has ever faced a court-martial has asked that question. Court-martial convictions can carry lifelong collateral consequences beyond the punishment imposed by the court.
The question can elicit different answers depending on who you ask. The UCMJ does not distinguish between felonies and misdemeanors. The general rule is that a felony is an offense that carries a maximum punishment of one year or more confinement - regardless of the actual punishment imposed. A misdemeanor generally carries a maximum possible punishment of less than one-year confinement.
What are Court Martials?
Summary courts-martial are not criminal convictions. Special courts-martial have a jurisdictional limit of one-year confinement. Some attorneys advise that special courts are therefore misdemeanor offenses.
The UCMJ also has many offenses that are purely military offenses (e.g. absence without leave, disrespect). Some states may consider purely military related offenses as a misdemeanor.
The question is often state dependent.
What travel or transportation entitlements do I receive?
You are entitled to transportation to your home of record. If you receive confinement of more than 30 days, you are authorized shipment of household goods with 180 days of the court-martial.
Do I keep any medical or post privileges?
You remain enrolled in DEERS while on involuntary excess leave awaiting appellate review.
Will I lose my voting rights?
The Supreme Court does permit states to disenfranchise convicted felons from voting. Forty-six states and DC have enacted laws preventing inmates from voting. Thirty-two states disenfranchise felons on parole. Fourteen states permanently deny felons the right to vote.
Will I be able to own firearms?
Federal and state laws do place restrictions on the purchase of firearms by those convicted of felonies. 18 USC § 922(b). Many jurisdictions distinguish between violent and non-violent offenses.
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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
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Gary Myers is a former JAG officer and one of the most experienced civilian military defense counsel in the country. He attended the University of Delaware where he received his undergraduate degree in chemical engineering in 1965. Gary Myers served as president of his freshman, sophomore and junior classes and went on in his senior year to be president of the student body. Gary Myers then attended the Pennsylvania State University, Dickinson School of Law, and graduated in 1968. Gary Myers paid his way through law school by ...Read More
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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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