How Long Does the Court-Martial Process Take?

Understanding the Timeline and Stages of the Military Court-Martial Process by Attorney Richard V. Stevens

WASHINGTON, Oct. 10, 2024 /PRNewswire/ -- A court-martial is a criminal trial in the military legal system. In these trials, the accused military member faces allegations of violating military law or the Uniform Code of Military Justice (UCMJ). Military courts-martial are similar to civilian criminal trials, but there are unique differences within the military legal system. The military criminal code is unique as are the procedural rules for military trials. Attorneys practicing within the court-martial system need to understand military law, military regulations, and military culture to effectively represent military clients.

There are three types of court-martial in the military legal system: summary court-martial (SCM), special court-martial (SPCM), and general court-martial (GCM). Summary courts-martial are seldom used in the military, and do not result in criminal convictions because of the limited procedural rights. Special courts-martial are criminal trials in the military that can result in federal criminal convictions, jail time, and punitive discharge. While the military does not classify offenses as misdemeanors or felonies, a special court-martial is akin to a misdemeanor type court in the civilian legal system. General courts-martial are criminal trials in the military that can also result in federal criminal convictions, jail time, and punitive discharge. GCMs are the most serious type of court-martial and are akin to felony type courts in the civilian legal system.

The more serious the allegations and the type of court-martial, the longer the court-martial process can take. There are different expected timelines for the different types of military courts-martial.

Another issue that has impacted the court-martial timeline is the recent change in the military system brought about by establishing the Office of Special Trial Counsel (OSTC). Authority in many of the most serious military cases is now possessed by the lawyers in OSTC instead of military commanders. Because the OSTC is a new office handling many cases, that has extended the court-martial process.

While it is true that an accused military member has speedy trial rights in the court-martial process (RCM 707), the reality is that these rights are not nearly as effective as they could be. The bottom line is that the court-martial process is expected to be lengthy.

During the lengthy processing of a court-martial case, defense attorneys are working with the accused military member to raise legal issues and motions, establish the defense strategy, and prepare the trial plan.

"An accused military member who is facing a military court-martial has the right to hire a civilian defense lawyer. A civilian defense lawyer with military law experience works with the accused's military counsel and can add considerably to the defense team based on the skill and experience gained over the course of the attorney's career in the military legal system," says Attorney Richard V. Stevens.

About The Law Offices of Richard V. Stevens

Attorney Richard V. Stevens is a former active duty military JAG attorney who has been handling military cases, on and off active duty, since 1995. He has extensive experience in the most complex, serious military trials, and all types of adverse military administrative actions, discipline and investigations. While in the military, he served as a base military defense counsel and later as a regional military defense counsel. He has also served as a civilian state and federal trial attorney and civilian criminal defense and military defense attorney. Attorney Richard V. Stevens and his associates represent members of all military branches stationed around the world.

Contact the Law Offices of Richard V. Stevens at 888-399-0693 or visit www.militaryadvocate.com.

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SOURCE Law Offices of Richard V. Stevens