Military Crimes  Court Martial FAQs

What is the advantage of hiring a private attorney?

When you are facing a military crime charge, the penalties you face are wide-ranging. You could have your pay reduced or you could face the death penalty. This is why it is important to retain a private attorney. A military attorney will be assigned to you, but this military attorney is the equivalent of a public defender.

An experienced private attorney can help provide an outside perspective to your case. The ideal private attorney will know how the military court process works, but also have experience in civilian court. This broad range of knowledge allows a private attorney to implement strategies or articulate arguments that can best help you fight your case. A private attorney does not have to worry about having to defend other people accused of military crimes. The private attorney can focus solely on your case, so every single detail can be evaluated.

Even if you hire a private attorney, the military attorney will still remain assigned to your case. This means that the military attorney will work with the private attorney and you will have two attorneys helping you on the case. This ensures that every ground is covered and the best possible defense can be put on to try to obtain the best possible result in your case. At Wallin & Klarich, we can help you fight your case and provide you with quality representation. Call us at (888) 749-0034. We will be there when you call.

What military crimes are punishable by death?

There are currently 14 offenses listed under the United Code of Military Justice that are punishable by death. A few examples include murder, mutiny, espionage, rape, subordinate compelling surrender, and desertion. Some crimes are only punishable by death during times of war. It is important that you speak with an experienced military crimes attorney if you have any questions about a specific crime that you may have committed.

Does the jury in a court-marital hearing have to vote unanimously?

The jury voting system is slightly different than in a normal criminal court. In military crimes cases, only two-thirds (2/3) of the court-martial members need to vote in the affirmative to convict the accused. However, if the court-martial members do not reach a two-thirds vote, the accused will be found not guilty of the charges. There is no “hung jury” in a court-martial proceeding.However, a unanimous verdict is required to convict the accused in death penalty cases.

Who decides the punishment in a court-martial hearing?

The accused can waive his or her right to have court-martial members participate in the case. This means the military judge will decide the punishment.If court-martial members do participate in the case and the accused is found guilty, the court-martial members will decide the punishment, even if it is a non-capital case.

Is evidence of mitigating and aggravating factors allowed during the sentencing phase of the court-martial?

Sentencing evidence is allowed during the sentencing phase of the court-martial. Some of the evidence looked at include the impact of the crime on the victim, the accused’s duty performance history, and any mitigating circumstances available. The accused can also testify for any sentencing consideration. The attorneys will then argue on what the punishment should be before the punishment is decided and handed down.