In a Court Martial Trial, What Am I Up Against?
When a military service member is facing a court martial, he must fully understand what he is up against.
Often, the accused is does not realize the gravity of the situation until it is too late.
In most cases, the Prosecution has numerous attorneys and paralegals working hard to put you in prison for as long as possible.
In the Military Justice system, the accused is often scared, overwhelmed, and feels helpless.
Therefore, they feel they have no choice but to quickly plead guilty.
Take a look at the facts: Government prosecution team members usually outnumber your assigned military defense team 5 to 1.
The accused is often denied requested delays and continuances so that they can prepare for boards, Article 32's, and courts martial.
Military prosecutors often use the "shotgun approach" to charging.
Their strategy is simple, charge a military service member with as many charges as possible, and they will have no choice but to plead guilty.
It is not uncommon for a court martial charge sheet to be 3-4 pages long, usually with the same conduct charged over and over again, in a variety of ways.
The Government has virtually unlimited financial resources and some prosecutors will try to win at all costs.
The Government has its own staff of criminal investigators (CID, NCIS, MPI, etc.
) trying to dig up dirt to use against you.
Rank often plays a role in the outcome of your case.
Almost always, the Judge, the Chief of Military Justice, the Staff Judge Advocate (SJA), most of the jury, the Convening Authority (the person that picks the jury and decides whether or not you will be court martialed), the Article 32 officer, the chain of command, and virtually every person that makes a decision in your case will outrank you and your assigned Military Lawyer.
An aggressive civilian defense lawyer is not subject to rank.
Often, the accused is does not realize the gravity of the situation until it is too late.
In most cases, the Prosecution has numerous attorneys and paralegals working hard to put you in prison for as long as possible.
In the Military Justice system, the accused is often scared, overwhelmed, and feels helpless.
Therefore, they feel they have no choice but to quickly plead guilty.
Take a look at the facts: Government prosecution team members usually outnumber your assigned military defense team 5 to 1.
The accused is often denied requested delays and continuances so that they can prepare for boards, Article 32's, and courts martial.
Military prosecutors often use the "shotgun approach" to charging.
Their strategy is simple, charge a military service member with as many charges as possible, and they will have no choice but to plead guilty.
It is not uncommon for a court martial charge sheet to be 3-4 pages long, usually with the same conduct charged over and over again, in a variety of ways.
The Government has virtually unlimited financial resources and some prosecutors will try to win at all costs.
The Government has its own staff of criminal investigators (CID, NCIS, MPI, etc.
) trying to dig up dirt to use against you.
Rank often plays a role in the outcome of your case.
Almost always, the Judge, the Chief of Military Justice, the Staff Judge Advocate (SJA), most of the jury, the Convening Authority (the person that picks the jury and decides whether or not you will be court martialed), the Article 32 officer, the chain of command, and virtually every person that makes a decision in your case will outrank you and your assigned Military Lawyer.
An aggressive civilian defense lawyer is not subject to rank.
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