Understanding what happens during a court-martial can be the difference between fear and preparation. Here’s a step-by-step guide to how the process works — and how to protect your rights.

When a Military Career Is on the Line

Hearing that you’re facing a court-martial is one of the most intimidating moments of any service member’s life.

Suddenly, everything you’ve built — your rank, your benefits, your reputation — feels like it’s at risk.

But the truth is, knowledge is one of your strongest defenses.

By understanding how the court-martial process works under the Uniform Code of Military Justice (UCMJ), you can take control, make informed decisions, and prepare your defense the right way.

What Is a Court-Martial?

A court-martial is a formal military trial process used to determine guilt or innocence for violations of the UCMJ.

It functions much like a civilian criminal trial — but with different procedures, rules, and participants.

There are three types of courts-martial, each varying in severity and possible punishment:

1. Summary Court-Martial:
   • For minor offenses
   • Typically presided over by a single officer
   • Penalties: up to 30 days confinement, reduction in rank, forfeiture of pay
2. Special Court-Martial:
   • For intermediate-level offenses
   • Judge and four panel members (jury equivalent)
   • Penalties: up to 12 months confinement, forfeiture of pay, bad-conduct discharge
   • There is also a mandatory judge alone Special Court-Martial where the maximum penalty is 6 months confinement and forfeiture of pay
3. General Court-Martial:
   • For the most serious offenses (e.g., assault, sexual misconduct, desertion)
   • Judge and at least eight panel members
   • Penalties: dishonorable discharge, total pay forfeiture, long-term confinement, or even death in certain extreme cases

Who’s Involved in a Court-Martial

• Accused (You): The service member charged with violating the UCMJ
• Defense Counsel: Your appointed or civilian military defense attorney or both
• Trial Counsel: The military prosecutor representing the government
• Military Judge: Oversees the proceedings and rules on motions
• Panel Members: The equivalent of a jury, made up of officers (and sometimes enlisted personnel at your request)
• Convening Authority: The commanding officer who refers your case to trial

The Court-Martial Process: Step by Step

Here’s how the process generally unfolds from start to finish:

1. Investigation

Every court-martial begins with an investigation.

This may involve a Command Inquiry, CID, OSI, CGIS or NCIS depending on the nature of the alleged offense and the service.

You may be interviewed, and evidence such as phone records, emails, or witness statements may be collected.

Tip: You have the right to remain silent and the right to counsel — use them both.

2. Charges Are Preferred

Once the investigation is complete, your commander or a military prosecution office may “prefer charges.”

This is the military equivalent of filing formal criminal charges.

3. Article 32 Hearing (Pretrial Investigation)

Before a General Court-Martial, there’s usually an Article 32 hearing, similar to a civilian preliminary hearing.

It determines whether there’s enough evidence to proceed to trial.

Your defense attorney can cross-examine witnesses and challenge the prosecution’s case.

4. Referral to Court-Martial

If the convening authority or Office of Special Trial Counsel decides the case should move forward, it’s officially referred to court-martial.

At this point, the charges, type of court-martial, and judge assignment are finalized.

5. Arraignment and Motions

You’ll appear before the military judge to enter a plea (guilty or not guilty).

Your attorney may also file motions to suppress evidence, dismiss charges, or challenge witnesses.

6. Trial

This is the heart of the process.

Both sides present evidence, call witnesses, and make arguments.

The military judge ensures the process is fair and lawful.

After deliberation, the panel (or judge in a bench trial) delivers a verdict.

7. Sentencing

If you’re found guilty, a separate sentencing phase begins.

Your lawyer will present evidence in mitigation — including service records, character statements, and rehabilitative potential.

8. Appeal

Convictions and sentences can be appealed to higher courts, including the Court of Criminal Appeals and the Court of Appeals for the Armed Forces (CAAF).

A strong appellate lawyer can often reduce or overturn convictions based on procedural or constitutional errors.

How Long Does a Court-Martial Take?

The process varies by case complexity.

• Summary Court-Martial: Usually resolved in weeks
• Special Court-Martial: 1–6 months
• General Court-Martial: Several months to a year or more

Delays often depend on the volume of evidence, the number of witnesses, and pretrial motions.

Your Rights During a Court-Martial

Every service member has important rights under the UCMJ and U.S. Constitution:

• The right to remain silent
• The right to legal representation (appointed or civilian)
• The right to review evidence against you
• The right to cross-examine witnesses
• The right to present your own evidence and witnesses
• The right to appeal a conviction

Never waive your rights without consulting a military defense attorney.

Common Mistakes Service Members Make

• Speaking without a lawyer: Anything said to command or investigators can be used against you.
• Relying solely on appointed counsel: Civilian defense attorneys often bring independent perspective and resources.
• Assuming guilt equals punishment: Many cases are dismissed or reduced with strong defense representation.
• Waiting too long to act: Early legal strategy can affect evidence, witnesses, and even whether charges proceed.

How a Defense Lawyer Can Help

A seasoned military defense lawyer can:

• Challenge the government’s evidence
• Negotiate charge reductions or plea agreements
• Cross-examine witnesses for inconsistencies
• File motions to suppress illegally obtained evidence
• Represent you through appeals and clemency requests

Having the right lawyer isn’t just about experience — it’s about understanding military culture and command dynamics.

Case Example: From Felony Charge to Full Acquittal

An Air Force service member in Alaska was charged under Article 120, UCMJ, with the sexual assault of three other service members and faced a General Court-Martial with potential lengthy confinement and a mandatory dishonorable discharge.

Through expert forensic analysis testimony and cross-examination, Mr. Nathan Freeburg exposed errors in the investigation and with prosecution witness credibility.

The result: full acquittal on all charges, retention of career and no sex offender registration.

Frequently Asked Questions

Can I refuse a court-martial?

No. However, your lawyer may be able to negotiate for nonjudicial punishment (Article 15) or administrative discharge instead.

Do I need a civilian lawyer if I already have a JAG attorney?

Appointed defense counsel can be excellent, but they’re also overworked and generally inexperienced with contested criminal trials. Hiring a good civilian military lawyer adds personal focus, experience and independent strategy.

What happens after a conviction?

You may face confinement, reduction in rank, or discharge — but every case can be appealed to some extent. Some convictions are overturned or reduced on appeal.

Will a court-martial show up on a background check?

Yes, convictions do appear, but acquittals or dismissals generally do not.

Take Control of Your Defense

A court-martial doesn’t have to mean the end of your military career.

With preparation, strong legal representation, and a clear understanding of your rights, you can protect your record, your rank, and your future.