How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11866
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Court Marshal Law

Military law is much different than civilian law. The court marital process is the military’s version of a civilian court. Breaking the law while in the military can lead to a court martial, often bringing many questions to the table regarding court martial law. Experts can answer questions such as these as well as give information about court martial, an officer’s rights and duties concerning a court martial, court martial punishments and court martial proceedings. Listed below are a few top questions about court martial that have been answered by the Experts.

Can a person be sent to court martial a second time for AWOL (Absence without Leave) if he/she was court martialed once already for the same offence?

If a person has had to face a court martial once and the commander feels it appropriate, he/she can be court martialed again for AWOL. However, the individual must be given a chance to go to TDS (Trial Defense Services) and speak to a military lawyer. If the authorities want a special court martial, the individual should be given a military lawyer.

Is there a time limit for a court martial to be appealed?

In most military law, if a person does not get a bad conduct discharge and at least one year confinement, then the person has up to 2 years from the date of trial to appeal a court martial. However, if the person has been given a bad conduct discharge and a minimum of 1 year confinement, then there will be an automatic appeal of the conviction and sentence.

What is a no contact order?

A no contact order is an order from a senior in the armed forces in an individual’s chain of command. This is issued to ensure that an individual does not influence any witness. The officers, after issuing a no contact order do not have to tell the individual about any ongoing investigation.

What happens to accrued leave in case of a court martial?

It is up to the command to take decisions about accrued leave in case of a court martial. The command will decide whether to allow the individual to take leave or not. In some situations, if an individual is a reserve or National Guard and is being released on orders, then it becomes expensive for the command to retain him/her and allow terminal leave. In such cases, they need to give the individual full pay and allowances and also the leave. It is easier for them to ask the individual to sell back the leave. The individual needs to sell back the leave if the command does not allow him/her to take it.

Can a spouse be entitled to financial help if they have been court martialed?

Financial help to the spouse in case of a court martial depends on many different situations. However, in most cases, the prosecution and commanding general can agree to pay the individual’s salary to the spouse for a certain period of time. Also in some cases, there may be a transition assistance program for the family members if they were victims of the crime. If this is approved, the spouse could get the individual’s pay and benefits for a year or two.

Is a summary court martial a criminal conviction?

A summary court martial is not a criminal conviction. It is an administrative decision. There would be no record of this kind of a court martial.

Can a spouse be called as a witness if an individual is being court martialed for domestic violence?

If a person is being court martialed for domestic violence, then the spouse will be called as a witness. No other documentation can be used as a testimony, unless the spouse is unavailable. If the spouse refuses to go, the judge will issue a subpoena. If the spouse further refuses, the judge can order the US Marshalls to arrest the spouse.

Knowing what a court martial is and what an individual’s duties and rights are will help anyone faced with a court martial deal with the situation better. Ask Experts about court martial, military discharge and other topics related to military law.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11866
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21588
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18597
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Court Martial Questions

  • I am a 1LT with 21 years AD passed over 2 times for Captain.

    I am a 1LT with 21 years AD passed over 2 times for Captain. I did receive the letter (via email) from HRC giving me 21 Jan 2015 as my retirement date. With only 4 months to complete my packet I have been running around trying to get it done. I have started part 1 of my final physical and I am now in a holding pattern. I cannot get an answer on when I will get my orders and I have 62 days of terminal leave that would start 1 Dec 14. How long can they take to get me the orders? In the mean time I was told by my unit I still need to do the October PT Test. However I am on permanent profile do to injuries and can only do the walk, and now I am on profile for my knees that is not allowing me to even do that. I more than likely will not make tape. Can they stop my retirement and chapter me out instead?
  • I am looking for a record of a fight that happened between

    I am looking for a record of a fight that happened between two active members in the Navy. I assume there is some record of this because one of them was lowered a pay grade in response to this event, but I'm not sure if there was any manner of court martial. I'm not related to either of the parties and I don't know if a generic SF180 request would include this information. Is there a better place I could look for this information?
  • I had a situation happen on sept 2 , 2014. And I was recommended

    I had a situation happen on sept 2 , 2014. And I was recommended for a company grade article 15. But I didn't sign my counseling statement until October 6th,2014 for the recommendation.Is there a limitation on how long my cadre had to give me the counseling statement? Could it dismiss the article 15?
< Last | Next >
View More Military Law Questions