Civilian Court-Martial Defense Lawyers

Cave & Freeburg is a veteran-owned firm of former military defense lawyers. Our practice is limited to military justice: courts-martial, appeals, and adverse administrative actions under the Uniform Code of Military Justice (UCMJ).

Attorneys Philip D. Cave and Nathan P. Freeburg bring over 65 years of combined military justice experience — Mr. Cave alone has more than 40. Together they have handled hundreds of contested courts-martial, administrative hearings, and appeals for service members stationed in 47 states and overseas.

Under investigation? Contacted by CID, NCIS, OSI, or CGIS? Do not make a statement until you talk to a lawyer. Read what to do first.

Call 703-298-9562 for a free consultation

Counsel Who Answer Only to You

Your assigned military defense counsel may be very capable. But they are assigned by the service and may be rotated out mid-case.

Civilian counsel is different. Cave & Freeburg is hired by you and works for you. The firm is not part of your chain of command, the prosecution, or the service. Your rights, your career, and your freedom come first.

Many clients keep their detailed military counsel and add Cave & Freeburg. The two work together as one defense team at no additional cost for the military lawyer.

Sexual Assault and Domestic Violence Allegations

The highest-stakes cases in military justice are now handled differently. Since December 27, 2023, specialized prosecutors in each service’s Office of Special Trial Counsel (OSTC) decide whether to prosecute sexual assault, domestic violence, child pornography, and other covered offenses. Your commander no longer makes that call.

These prosecutors handle nothing but serious cases. Your defense needs to be just as focused.

Cave & Freeburg defends service members accused of:

• Sexual assault and rape under Article 120, UCMJ
• Domestic violence under Article 128b, UCMJ
• Child pornography (CSAM) offenses
• High-profile and multi-accuser cases

A conviction can mean confinement, a punitive discharge, sex offender registration, and a lifetime federal firearms ban. The defense starts before charges are ever filed.

Court-Martial Trials

A court-martial is a federal criminal trial. The Military Rules of Evidence are largely modeled on the Federal Rules of Evidence, and a conviction is a federal conviction.

Before a general court-martial, the accused is entitled to an Article 32 preliminary hearing. A hearing officer considers whether probable cause exists, whether the court-martial has jurisdiction, and how the case should be disposed of. It is often the defense’s first opportunity to test the government’s evidence.

The consequences of conviction can include:

• Confinement, forfeitures, and reduction in grade
• A dishonorable or bad-conduct discharge
• Sex offender registration for qualifying offenses
• A federal firearms prohibition for many convictions, including qualifying domestic violence offenses (18 U.S.C. § 922(g))

For offenses committed on or after December 27, 2023, a military judge — not the panel — determines the sentence in non-capital cases, under sentencing parameters.

Cave & Freeburg has defended charges including sexual assault, manslaughter, fraud, drug offenses, computer crimes, desertion, and larceny. In one case, the firm successfully defended an Airman accused of detonating two improvised explosive devices on a U.S. base overseas.

See case results by base · See results by subject · Types of courts-martial

Court-Martial Appeals and Post-Conviction Relief

A conviction is not the end. Every service member convicted at a general or special court-martial may appeal to the service’s Court of Criminal Appeals, and may then petition the U.S. Court of Appeals for the Armed Forces (CAAF) for further review.

To win on appeal, the defense must generally show a legal error that materially prejudiced the accused’s substantial rights. That demands a careful review of the entire record — not a second trial.

Mr. Cave handles:

• Appeals to the Courts of Criminal Appeals and CAAF
• Extraordinary writs, including federal habeas corpus (28 U.S.C. § 2241) and petitions for a writ of error coram nobis
• Clemency and parole applications
• Sex offender registration relief

Learn more about military appeals

Article 15 and Adverse Administrative Actions

Not every career-ending action happens at a court-martial. Attorneys at Cave & Freeburg represent service members facing adverse administrative actions, including:

• Nonjudicial punishment (Article 15 / NJP / Captain’s Mast)
• Letters of reprimand (GOMORs and LORs)
• Adverse evaluations (OERs, NCOERs, EPRs, OPRs, FITREPs)
• Promotion denials and removals
• Administrative separation boards and Boards of Inquiry

Offered an Article 15? Accepting NJP is not an admission of guilt. In most cases you may refuse it and demand trial by court-martial instead. The exception is a service member attached to or embarked in a vessel, who cannot refuse. The choice has lasting consequences, so get advice before you decide.

Even without a court-martial, an adverse finding can lead to separation, lost retirement, and a damaged record. Every available tool should be used to contest it.

Security Clearances

Losing a security clearance can end a military career and follow you into civilian employment. A denial or revocation is not necessarily final. Attorneys at Cave & Freeburg help service members and civilians respond to Statements of Reasons and show that they are not a security risk.

Military Pay Claims — U.S. Court of Federal Claims

Some wrongs can only be remedied with money. The U.S. Court of Federal Claims hears claims for military pay arising from wrongful discharge, improper denial of promotion, involuntary retirement, and disability retirement.

A service member who was unlawfully separated may have a claim for back pay under the Military Pay Act (37 U.S.C. § 204). A member improperly denied disability retirement may have a separate claim under 10 U.S.C. § 1201. These claims are subject to strict time limits.

A Defense Team, Not Just a Lawyer

Military prosecutions often turn on forensic evidence. Cave & Freeburg works with independent experts in:

• Digital forensics — phones, computers, and online evidence
• Forensic psychology — memory, suggestibility, and mental health
• Toxicology and medicine — alcohol, drugs, and cause of injury
• DNA analysis — lab findings and chain of custody
• Child forensic interviewing — how child witnesses were questioned

Worldwide Representation

Stateside or overseas — Fort Hood, Ramstein, Okinawa, or aboard a deployed ship — Cave & Freeburg travels to you. The firm appears before military judges, panels, and administrative boards across every branch of service.

Why Cave & Freeburg

• Former judge advocates who know the system from the inside
• Exclusively military justice — no divorces, no traffic tickets
• Trial and appellate experience under one roof
• Recognized in national military law publications
• A record of acquittals, dismissals, and reduced sentences — see case results

Prior results do not guarantee a similar outcome.

Call 703-298-9562 or contact us online for a free consultation.

Frequently Asked Questions

Do I need a civilian lawyer if I already have military defense counsel?
Not always. But civilian counsel is hired by you, stays with your case, and can work alongside your military counsel. For serious charges, many service members want both.

Should I talk to CID, NCIS, OSI, or CGIS if I’m innocent?
Talk to a lawyer first. You have the right to remain silent and to consult counsel under Article 31, UCMJ, and the Fifth Amendment. Statements made to “clear things up” are often used at trial.

What is the Office of Special Trial Counsel?
Since December 27, 2023, OSTC prosecutors — not commanders — decide whether to prosecute sexual assault, domestic violence, and other covered offenses.

Can I refuse an Article 15?
Usually, yes — unless you are attached to or embarked in a vessel. Refusing means the command may prefer court-martial charges instead.

Do you represent service members overseas?
Yes. The firm regularly travels to installations worldwide.tic violence, child pornography, and other covered offenses. Your commander no longer makes that call.

Can I appeal a court-martial conviction?
Yes. Every conviction at a general or special court-martial may be appealed to the service’s Court of Criminal Appeals. A finding of guilty at a summary court-martial is not a criminal conviction under Article 20(b), UCMJ, and is reviewed through a separate process.