Military Criminal Charges and Defense Differ From Civilian Cases

In the military, determining outcomes of crime and accusations is different from what happens in civilian society. A major example is the three types of courts-martial, which are exclusive to the military.
The ways crimes are reported and investigated in the military also is distinctly different from criminal reports and follow up in the regular population. In regular civilian life, crimes are usually reported by ordinary citizens, often victims of an alleged crime, who contacts the police. Police investigate allegations, and major offenses are reported to the local district attorney.

In the military, commanders are responsible for maintaining law and order, and infractions of codes and crimes are reported by enlisted service personnel, or law enforcement or other investigative force such as military police. If a commander finds criminal charges are appropriate, and the command authority member in charge will decide whether to have the accused placed in pre-trial confinement (military jail). In addition, any military officer can order an enlisted service member to be confined.

During investigation and court-martial actions, an independent military defense counsel is provided at no charge regardless of the accused’s ability to pay. However, the accused also has the right to be represented by a civilian lawyer at no expense to the government. If a civilian lawyer is engaged, the service person still may retain his or her military attorney to assist the civilian defense attorney.

If you or a member of your family is facing charges and currently enlisted, an experienced military attorney can protect your rights. Contact the law office of Troy Smith at (212) 537-4029 for a free consultation.