Florida Court-Martial Lawyers
If you are stationed in Florida and facing a military investigation or court-martial, the first decisions you make can affect your case. Gonzalez & Waddington represents service members in UCMJ investigations, courts-martial, and related adminaistrative proceedings. Call 800-921-8607 to request a confidential, no-cost consultation.
A court-martial is a federal military criminal proceeding. Being stationed in Florida does not create a separate Florida court-martial system: the Uniform Code of Military Justice (UCMJ) and the applicable Manual for Courts-Martial govern the case. Depending on the facts, conduct off base can also prompt a civilian investigation or charges.
What to do if you are under investigation
You do not need to wait for formal charges to speak with defense counsel. If OSI, NCIS, CID, CGIS, civilian police, or your command wants to question you about suspected misconduct, get legal advice before giving a statement or consenting to a search. Article 31 of the UCMJ protects against compulsory self-incrimination and requires specified warnings before a person subject to the UCMJ questions a suspect. The exact rules depend on who is asking and the circumstances.
- Ask to speak with defense counsel before discussing the allegation.
- Preserve messages, photographs, location data, receipts, and other potentially relevant material. Do not delete or alter anything.
- Keep track of deadlines and provide all paperwork to your lawyer, including search authorizations, charge sheets, and command notices.
- Discuss any contact with witnesses or the person making the allegation with counsel first, especially if an order restricts contact.
These are general steps. A lawyer can advise you on the specific investigation, your obligations, and your options.
How a civilian court-martial lawyer can help
At a general or special court-martial, an accused service member has a right to military defense counsel and may also retain civilian counsel at personal expense. In some circumstances, the accused may request a particular military counsel if that lawyer is reasonably available. These rights are set out in Article 38.
Civilian counsel can work with detailed military counsel to review the allegations, examine discovery, investigate witnesses and digital evidence, advise on motions and plea options, and prepare the case for trial or another resolution. The right approach depends on the evidence and the client’s goals. No lawyer can promise dismissal or acquittal.
What happens in a court-martial case?
- Investigation. A military or civilian agency may collect statements, records, devices, forensic evidence, and other information. A command may also take temporary administrative action while the investigation is pending.
- Charges and referral. Charges may be preferred and, if appropriate, referred to a court-martial. An Article 32 preliminary hearing is generally required before referral to a general court-martial, subject to statutory exceptions. It is a preliminary hearing, not a trial or a guarantee that charges will proceed.
- Pretrial work. Counsel reviews the government’s evidence, seeks relevant material, evaluates legal issues, and prepares motions or negotiations where appropriate.
- Trial and possible review. If the case goes to trial, the government must prove the charged offenses beyond a reasonable doubt. Any post-trial rights and review depend on the result and the applicable rules.
The UCMJ provides for summary, special, and general courts-martial. Their procedures and sentencing authority differ. The charge sheet, type of court-martial, and current law determine the possible exposure in a particular case.
Why the investigation stage matters
Many service members first learn about an allegation through an interview request, a search of a phone, or a meeting with their command. There may be no charge sheet yet. Even so, investigators may already be collecting statements and building a timeline. A lawyer can identify what information should be preserved, what questions need immediate answers, and whether a proposed interview or consent request calls for a response. Early advice also helps the client understand which decisions belong to the command, which belong to prosecutors, and which the client must make.
Defense preparation is broader than deciding whether to speak to investigators. A useful initial review may include the allegation’s date and location, the client’s duty status, the people present, communications before and after the event, available video, and any separate civilian investigation. Some records are routinely overwritten. Others are held by private businesses or third parties. Counsel can consider appropriate preservation requests and investigative steps while the material is still available.
Service members should also tell counsel about command orders, restrictions on contact, a suspended clearance or duty status, and any approaching response deadline. Those issues may require attention before the criminal case reaches a courtroom.
Cases involving sexual assault and other serious allegations
Article 120 allegations, violent offenses, drug cases, fraud, larceny, and other UCMJ charges can turn on details that are easy to miss early in an investigation. Relevant evidence may include messages, device data, medical or forensic records, witness accounts, and the timing of events. A defense review should test the evidence and consider the elements of each charged offense, rather than assume that one strategy fits every case.
For certain covered offenses, including specified sexual offenses, a special trial counsel has statutory authority over key charging and referral decisions. This is one reason older descriptions of the commander alone deciding every court-martial case are incomplete.
How the defense evaluates evidence
A charge is an allegation, and its elements must be proved with admissible evidence. Defense counsel compares the charged language with the statute and the government’s proof. The review may examine whether a witness had an opportunity to observe an event, whether accounts changed over time, whether a digital record is complete, and whether forensic conclusions are supported by the underlying data. In some cases, the defense may consult a qualified expert or seek testing. In others, the central issue may be a legal question, such as the admissibility of a statement or the scope of a search.
Digital evidence requires context. A screenshot may omit earlier messages. Location data may show a device’s approximate position without proving who carried it. A photograph’s timestamp may reflect when a file was copied rather than when an event occurred. These are examples of questions to investigate, not reasons to assume that a particular item helps either side. The defense needs the complete record and a careful timeline before drawing conclusions.
The defense also considers favorable evidence and realistic risks. Counsel should explain what is known, what remains uncertain, and how different choices could affect a trial, a negotiated resolution, or an administrative proceeding. Good advice may change as additional evidence arrives.
Military defense for service members in Florida
Florida service members may be assigned near MacDill Air Force Base, Eglin Air Force Base, Naval Air Station Pensacola, Naval Air Station Jacksonville, Naval Station Mayport, Patrick Space Force Base, or other installations. The facts of a case may involve both military and local sources of evidence, such as base access records, civilian police reports, hotel records, or off-base witnesses. The UCMJ applies based on a person’s military status and the governing law, not simply on where an allegation arose. Reserve and National Guard jurisdiction can be especially fact dependent.
Gonzalez & Waddington is led by Michael Waddington, a former Army JAG and military defense counsel, and Alexandra González-Waddington, a former public defender and military defense attorney. The firm represents service members in Florida and in military cases worldwide.
Meet the attorneys at Gonzalez & Waddington
Michael Waddington
Michael Stewart Waddington is a partner and civilian military defense attorney. He served in the Army as an enlisted soldier, commissioned officer, and judge advocate. During his JAG career, he worked as a Trial Defense Service senior defense counsel and also held prosecution and military justice positions. That experience gives him a view of how a military case is investigated, charged, and tried from more than one role.
Michael represents service members in courts-martial and related matters involving allegations such as sexual assault, violent offenses, fraud, and misconduct connected to military operations. He has written and taught on trial advocacy, cross-examination, and military justice. He is licensed in Florida and several other states and is admitted to practice before U.S. military trial courts worldwide. His full biography provides his education, service history, publications, and admissions.
Alexandra González-Waddington
Alexandra González-Waddington is a founding partner and civilian military defense lawyer with more than two decades of criminal defense experience. She began her career as a public defender in Georgia’s Augusta Judicial Circuit, representing people accused of serious offenses. She later built a practice defending service members in military courts, including cases involving sexual assault, violent allegations, and financial offenses.
Alexandra earned her law degree at Temple University Beasley School of Law and completed its trial advocacy program. She is licensed in Florida and Georgia and admitted to practice before U.S. military trial courts worldwide. She has co-authored books on UCMJ issues, cross-examination, and digital evidence. Her full biography includes more detail about her practice, teaching, and publications.
When considering any lawyer, ask who will handle your case, how civilian and detailed military counsel will coordinate, what work is included in the fee, and how you will receive updates. The answers should be specific to your case and clear enough for you to make an informed decision.
Related administrative and career concerns
A military allegation may have consequences outside a court-martial. Depending on the service and the facts, a member may also face nonjudicial punishment, a reprimand, an administrative separation board, a Board of Inquiry, or a security clearance issue. These processes have different standards, deadlines, and decision makers. An acquittal in a criminal case does not automatically end every administrative matter, and an administrative action does not necessarily mean criminal charges will follow.
For that reason, the defense plan should account for both immediate legal exposure and the service member’s career. Counsel may need to coordinate responses, evaluate what information could be used in another process, and explain how a proposed resolution could affect rank, service record, separation characterization, or future opportunities. The potential effects are individual; they should not be reduced to a generic list of worst-case outcomes.
Frequently asked questions
Can I hire a civilian lawyer and keep my military defense counsel?
Generally, yes. Article 38 permits civilian counsel retained by the accused and provides for detailed military counsel. Ask both lawyers how they will divide responsibilities and communicate during the case.
Can I face a court-martial for something that happened off base?
Yes, depending on your military status and the alleged offense. Off-base conduct can also be investigated by civilian authorities. The possibility of overlapping investigations makes early, case-specific advice useful.
Does an Article 32 hearing decide whether I am guilty?
No. It is a preliminary hearing before a possible general court-martial referral. It does not determine guilt or innocence.
Is an administrative separation the same as a court-martial?
No. Administrative separation is a personnel process, while a court-martial is a criminal proceeding. The same allegation may lead to one or both processes, with different procedures and potential consequences.
Speak with a Florida military defense lawyer
If you have been contacted by investigators, received a charge sheet, or face a related administrative action, call Gonzalez & Waddington at 800-921-8607 for a confidential, no-cost consultation. Bring the documents you have and be ready to explain the timeline. An attorney can then assess your situation and the next decision you need to make.
This page provides general information, not legal advice. Court-martial law and the facts of individual cases vary. Attorney advertising. Prior results do not guarantee a similar outcome.