Facing a court martial can shake your sense of control and safety. You may worry about your rank, your record, and your family. You also may not know what happens next. This guide walks you through each step so you know what to expect, what choices you have, and how to protect your rights. You learn who is in the room, what they can do, and what you can say or refuse to say. You see how charges move from an investigation to a hearing and then to trial. You also see how sentencing and appeals work. Every step has rules. Every rule affects your future. You do not need to walk into that courtroom blind. With clear information and steady support, you can make hard decisions with more strength. For more plain language help and tools, visit defendyourservice.com.
1. From Allegation To Investigation
A court martial starts long before you see a judge. It starts with a report. That report may come from a commander, law enforcement, or another service member.
Then an investigation begins. This stage can feel slow and heavy. You may face:
- Interviews by military law enforcement
- Searches of your home, work space, phone, or computer
- Orders not to contact some people
You have the right to stay silent. You have the right to ask for a lawyer. You do not need to explain yourself without one. The Uniform Code of Military Justice, or UCMJ, sets these rules. You can read the UCMJ text on the U.S. Code website.
2. Preferral And Referral Of Charges
If the investigation supports charges, your commander may “prefer” charges. This means the commander signs a form that lists each charge and the facts behind it.
Next comes “referral.” A higher commander chooses what kind of court martial will hear the case. That choice affects your risk and your rights.
Types Of Court Martial And Possible Outcomes
| Type | Who Sits In Judgment | Max Punishment |
|---|---|---|
| Summary Court Martial | One officer | Short confinement, reduced pay, reduced rank |
| Special Court Martial | Military judge and panel or judge alone | Up to one year confinement, forfeiture of pay, bad conduct discharge |
| General Court Martial | Military judge and panel or judge alone | Long confinement, forfeiture of pay, dishonorable or dismissal |
Each step from preferral to referral can be reviewed by a defense lawyer. You can ask questions at every point.
3. Your Rights And Your Defense Team
You have a right to free military defense counsel. You may also hire a civilian lawyer at your own cost. You can have both on your team.
Your defense team can:
- Review the evidence against you
- Ask for more evidence that helps your case
- Talk with witnesses and gather statements
- File motions to block unfair evidence
You should stay honest with your lawyers. They can handle hard facts. Clear truth helps them guard you. You can read about defense rights in the Manual for Courts Martial on the U.S. Navy JAG website.
4. The Article 32 Hearing For Serious Cases
For many general courts martial, there is an Article 32 hearing. This is like a civilian preliminary hearing. It is not the trial.
At this hearing:
- A neutral officer reviews the case
- The government calls witnesses and shows evidence
- The defense can question witnesses
- The defense can offer its own evidence
The hearing officer then gives a written report. It explains whether there is enough proof to move to a general court martial. Commanders then choose how to act. They may send the case to trial, reduce the charges, or stop the case.
5. Pretrial Choices And Plea Talks
Before trial, your lawyers may talk with the government about a plea. This can lead to a deal that limits punishment. You always choose whether to accept.
At this stage you may also need to choose:
- Judge alone or judge and panel
- Whether to testify at trial
- Which witnesses to call
These choices carry weight. You should ask for clear pros and cons in plain words. You should include your family in the talk when you can. They live with the outcome too.
6. What Happens During The Trial
A court martial trial follows a steady pattern. The steps are simple to name, yet heavy to live through.
- Arraignment. The judge reads the charges. You enter pleas.
- Opening statements. Each side explains what it will show.
- Government case. The government calls witnesses. The defense cross examines them.
- Defense case. The defense calls witnesses. The government cross examines them.
- Closing arguments. Each side sums up the proof.
- Findings. The judge or panel decides guilty or not guilty on each charge.
You do not have to testify. That choice belongs to you after advice from your lawyers. If you do testify, the government can question you.
7. Sentencing
If you are found guilty of any charge, the court moves to sentencing. The judge or panel hears more proof about you and your life.
During sentencing, your defense can offer:
- Service records and awards
- Statements from family, leaders, and coworkers
- Proof of treatment, counseling, or change
The court then chooses a sentence. It may include confinement, loss of pay, reduction in rank, and discharge. Some sentences trigger long term effects on jobs, benefits, and your right to own firearms. You should ask your lawyer to explain each part in clear terms.
8. Review And Appeals
After the trial, your case does not always end. Most court martial sentences receive automatic review by a higher authority.
You may have the right to:
- Ask the convening authority to reduce your sentence
- Appeal to a service court of criminal appeals
- Seek review by the U.S. Court of Appeals for the Armed Forces
Appeals focus on legal mistakes. They do not redo the whole trial. Still, they can change your sentence or even your conviction.
9. How To Protect Yourself And Your Family
You can take three key steps right now.
- Ask for a defense lawyer and use that right from the start.
- Stay quiet about your case except with your legal team.
- Keep your family informed so they can plan for money, housing, and care.
A court martial can change your life. It does not erase your worth. With clear knowledge, steady support, and honest talk with your lawyers, you can move through each step with more control and less fear.
