Appeal of Actions Under the UCMJ
If you have been convicted of an offense in a court-martial, it can have a devastating impact on your freedom, your career and your future. There can be severe adverse "collateral" consequences just from the conviction: sex offender registration, loss of the ability to own or possess guns, and limitations on the right to vote. And of course, you may lose all of your hard-earned VA benefits; the most important of which is the educational benefit.
While many courts-martial are automatically appealed, changes made in 2019 open up the formal appeals process to someone convicted but who does not get a punitive discharge or more than one-year confinement. The process is new, but those of us who have done court-martial appeals for many years are still finding this to be a complex process but one extending a benefit to convicted servicemembers.
As you military defense appeals lawyer we work for you. The process involved with appealing a ruling is very complex, and the assistance of an experienced military defense lawyer can be invaluable.
At The Law Office of Philip D. Cave, I represent United States service members worldwide in all types of UCMJ violations. I am prepared to represent you in the appeal of any conviction or adverse disciplinary ruling. I have dedicated my entire legal career to military defense and security clearance law. You can rely on me to do everything in my power to see that your rights, your privileges and your career remain fully intact. Mounting A Successful Appeal
I have experience handling appeals before the Court of Criminal Appeals as well as the Court of Appeals for the Armed Forces. I understand the unique procedures involved with pursuing an appeal, and I know how to present your case in a way that is compelling to the court. I will conduct a thorough review of your court-martial and develop the most effective approach to getting your conviction overturned.
In order for an appeal to be successful, it must be shown that some error in the proceeding negatively impacted the outcome of the court-martial. Examples of errors that can create grounds for an appeal are as follows:
- Abuse of discretion by the military judge in allowing the prosecution to present certain types of evidence.
- Procedural violations such as discovery problems, speedy trial, or jurisdictional errors.
- Abuse of authority which is called unlawful command influence.
- Failures in the application of the UCMJ
- Factual sufficiency can be raised at the first level of appeal before the court of criminal appeals. If the appeal judges are not convinced you are guilty beyond reasonable doubt they can dismiss the charges. Here again, Congress has been meddling and made it harder and more complex to litigate this issue.
Discuss Your Case With A Respected International Military Appeals Attorney
Contact my office for a free initial consultation about your appeal. You can reach me by phone at 703-298-9562, toll free at 800-401-1583 or via email.