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Special Court Martial Questions

What is a Special Court Martial?

A Special Court Martial is a court trial held but the United States Military. The Special Court Martial is the mid-level court in the military consisting of a military judge, prosecutor, defense lawyer, and generally at least three military officers used to make a jury. A person facing a special court martial may also request that their trial be held by a judge alone. Special court martial sentences are usually limited to up to one year of confinement, two-thirds of basic pay forfeited per month for up to one year and a possible Bad Conduct Discharge. Attorneys can often be expensive and very time consuming especially if you are not sure what it is you are seeking help for. Read below where Special Court Martial questions have been answered by the Experts.

Is a Special Court Martial convection considered a misdemeanor when someone violates Article 86 (Absent Without Leave)?

A Court Martial does not have the authority to convict a person to prison for longer than one year, so this would be considered a misdemeanor under that law. If someone had been charged in Court Martial it would have been considered a felony, because common punishment at General Court Martial for over thirty days would be terminated for eighteen months.

How would a General Discharge under honorable conditions show up on a person’s record if the violation was for negligent driving and dereliction of duty?

With the violation being negligent driving it would show up on the person’s military record as a special court martial conviction a misdemeanor and it may also show up on the persons National Crime Information Center (NCIC) record.

If a person received a Bad Conduct Discharge (BCD) because of a Special Court Martial and was not clear of what their official charge was, how would they go about obtaining the information?

If a person has lost or misplaced the copy of the record given to them shortly after their trial they can go to http://goo.gl/WMic0 and request a copy of the special court martial case.

Would a person have to put on an application that they have been convicted of a felony if they were found guilty of illegal drug use in a Special Court Martial?

If a person has a Special Court Martial conviction, they can truthfully not check the conviction of felony box on an application, because the Special Court Martial maximum punishment is limited to the court and would be noted as a mere misdemeanor.

How would a person go about retaining information after serving time due to a Special Court Martial conviction to prove that they were not convicted of a felony when trying to purchase a firearm?

If a person is looking to get the information required to purchase a firearm and have had a Special Court Martial they can go to http://www.archives.gov/veterans/military-service-records/index.html and request copies of all the records in regard of the Special Court Martial.

There are many issues that can rise when dealing with Special Court Martial cases and Special Court Martial convictions. Many people are unaware of the difference in the way the military court and civil court classify cases and convictions. Often people confuse a special court martial conviction to a felony and whether or not it could affect their lives outside of the military. When these issues come up, it is always best to seek outside advice from an Expert that deals with Military law.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 12063
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

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 12042
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4271
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1302
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

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