Special Court-martial Defense
A special court-martial (SCM) is the criminal court proceeding reserved for misdemeanor offenses under the Uniform Code of Military Justice (UCMJ). An SCM will have up to three members, one-third of whom may be enlisted service members if requested by an accused enlisted service member. An accused can waive the right to have members and can request a trial by a military judge. The request for trial by judge alone can be denied in the exercise of the sound discretion of the military judge. An accused can be found guilty by a court-martial with members only if two-thirds of the members vote guilty.
RIGHT TO COUNSEL
The accused has a right to have legal counsel detailed to represent him or her at a special court-martial; however, the accused service member may hire a civilian lawyer specializing in military defense and still use legal counsel detailed to represent the accused. The accused may also request that the convening authority detail individual military counsel of the accused’s choice, if reasonably available. “Reasonably available” is a term which precludes certain military personnel from serving as an accused’s individual military counsel. In the end. It’s entirely possible, though uncommon, for an accused to be represented by detailed military counsel, individual military counsel (if approved and reasonably available) and civilian legal counsel!
PLEASE CONSULT A FORMER JAG ATTORNEY FOR ADVICE ON WHETHER OR NOT TO USE DETAILED MILITARY COUNSEL, INDIVIDUAL MILITARY COUNSEL AND/OR CIVILIAN COUNSEL. THIS IS THE MOST IMPORTANT DECISION YOU’RE FACING A SPECIAL OR GENERAL COURT-MARTIAL.
DEFENSE STRATEGY FOR A SPECIAL COURT-MARTIAL
Just like any criminal trial in the civilian criminal justice system, you are going to need an excellent legal team comprised of the defense attorney, a professional investigator and, possibly, experts. The use of investigators and experts depending on the nature of the offense with which you are being charged, as well as the facts upon which the charges are based. For example, if you are being charged with distribution of illegal drugs, you will need a professional investigator with prior military experience who can prepare an appropriate investigation plan.
ANOTHER REASON TO CONSULT A FORMER MILITARY JAG ATTORNEY IS TO DETERMINE WHETHER DETAILED OR INDIVIDUAL MILITARY COUNSEL HAS PREPARED THE RIGHT PRETRIAL DEFENSE STRATEGY FOR YOUR CASE. YOUR CHOICE OF LEGAL COUNSEL IS THE MOST IMPORTANT DECISION YOU WILL HAVE TO MAKE. MAKE IT A GOOD DECISION.
POTENTIAL PUNISHMENT
Attorney Stephen Brodsky does not believe in scaring potential clients by reciting the maximum punishment a military service member can receive under the UCMJ if convicted at a special court-martial. Nevertheless, it is important to know that punishment can have very serious repercussions that may continue to affect your life well after you have left the military.
CALL ATTORNEY STEPHEN BRODSKY, A FORMER NAVY JAG ATTORNEY, TODAY, FOR A FREE CONFIDENTIAL CONSULTATION ON YOUR MILITARY LEGAL DEFENSE. DON’T POSTPONE THIS URGENT CASE EVALUATION.
CALL FORMER NAVY JAG ATTORNEY, STEPHEN BRODSKY, CALL +1 (619) 231-2151, TODAY!