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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.
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Recent Court Martial Questions

  • hi there, my friend is struggling between deciding to take

    hi there, my friend is struggling between deciding to take a njp or court martial. she is pregnant and recently officially divorced so they are trying to charge her with adultry because the time frame doesnt add up and leaks into her sepperation. she is most worried about being put on restriction on a high risk pregancy. i think what she is thinking is if the terms of the njp include restriction to take it to court martial since her sgtmaj never made her sign a charge sheet after reading her rights and when she asked to excercise her right to remain silent without a lawyer present "dirty route" and that he would personally try to screw her for it. Also when questioned during the intial investigation over the phone she was never read her rights. She said shes not entirely sure but she thinks for an adultry court martial the highest form of punishment is either a general or other then honorable. is this true? how likely are her chances of winning the court martial given the information? also can they order a dna test and what happpens if she denies? i think her command has to give her a fair punishment even though they dont want to punish her because of them being called by the inspecting general but is there anyway her or a lawyer can negotiate with her sgtmaj/co to generally or oth discharge her instead of taking it to a court martial or njp?
  • Can my spouse use an old article 15 (November 2012) against

    Can my spouse use an old article 15 (November 2012) against me in our divorce trial? I am retired military and my wife has asked for me to submit my article 15 information as part of her discovery questions. I was punished, but it my punishment was completely non-judicial; not a court martial. FYI-my divorce trial will be in VA circuit court
  • I was a resevest who got introuble while on active duty and

    I was a resevest who got introuble while on active duty and was charged witb assult. The punishment didn't come from my parent company.I took a deal to advoid court martial. I was punished with 60 days restriction, loss of pay, and reduced in rank to e-4. Upon returning to my reserve unit, i dropped to the irr and received a dd-214 that said i had a honorable discharge. I received a letter from the reserve company xo that he was recomending a final discharge of oth for misconduct. When i tried to get a attorney, i was told i couldnt because i signed a waver during the punishment for the assault charge. I received a certificate form the 4th mlg generial thanking me for my honorable service, although i was reduced in rank to e-3. That was back in 2012/2013. I just now received my rsb (july 2014) and is say i have a separation code hkq1 c. Does this mean i now have a oth? And if so, how will this effect my va benefits? I have not recieved a updated dd-214 that says i have a oth
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