Civilian or Military Counsel?

Why Experience Matters in a Court-Martial Defense

A court-martial is not routine military paperwork. It is a federal criminal trial that can end a career, take away liberty, and permanently damage your future. When the stakes are this high, experience in contested courts-martial matters.

Uniformed military defense counsel are dedicated and capable lawyers. But the structure of the system limits how much trial experience they can realistically gain.

Most uniformed defense counsel serve one two-year tour in a defense billet. During that time, the average counsel handles only two or three contested courts-martial, along with guilty pleas and administrative matters. Even under the newer military justice tracks, a defense counsel typically serves no more than two two-year stints in between other assignments. In total, that often means four to six contested trials on the defense side over an entire military defense career.

Civilian military defense counsel are different.

At Cave & Freeburg, court-martial defense is not a temporary assignment—it is what we do. Our attorneys have spent decades handling contested courts-martial across every branch of service, including complex sexual assault cases, multi-victim prosecutions, and high-stakes officer cases. That experience builds over time and never resets.

That depth of experience matters:

• Knowing how cases actually develop—not how they look on paper
• Identifying weak or overcharged cases early and stopping them before trial
• Litigating suppression issues, unlawful command influence, and improper charging decisions
• Cross-examining investigators, experts, and alleged victims effectively
• Understanding how military judges rule in real courtrooms
• Making informed decisions about when to fight, when to negotiate, and when to take a case to verdict

Court-martial defense is a specialized craft. It is learned by trying cases, not by rotating through assignments.

This is why many service members retain civilian defense counsel—often in addition to their detailed military lawyer. The military counsel brings valuable institutional knowledge. Civilian counsel brings seasoned trial experience and long-term strategic judgment. At Cave & Freeburg, we regularly lead defense teams where experience makes the difference.

When your career, freedom, and reputation are on the line, effort is not enough.

Experience matters.

At Cave & Freeburg, experience is not theoretical.

It is built case by case, trial by trial, over decades.

📞 Call us at 703-298-9562

📧 mljucmj@court-martial.com

You only get one chance to protect your rights. Don’t give it away.