Real Cost of a Court-Martial Conviction and Discharge

A court-martial is serious business and can ruin the rest of your life and your family’s lives. Many military service members facing court-martial say they want “to roll the dice” and see what happens. Some take advice from lawyers who have never fought and won a single case and quickly plead guilty when they may have other options. This page will help you understand the real cost of a court-martial.

How Much Does a Court Martial Lawyer Cost?

Many don’t take the proceedings seriously and do not get the best representation and advice available. Below is an example of what it will cost you if your gamble fails. Most people facing court-martial say they want the best legal defense possible. However, few (less than 2 out of 100) will hire experienced defense lawyers because they don’t want to spend the money. Ultimately, their decision will often cost them 30-40 times more than any defense lawyer charges.

The most common objection that expert civilian defense lawyers get when they speak with court-martial defendants is, “I CANNOT AFFORD TO HIRE A CIVILIAN.” In reality, some people cannot afford to hire a civilian lawyer. However, most defendants can afford an excellent legal defense. The cost of a skilled military defense lawyer is often less than the price the defendant paid for his car and music collection. (You will likely lose your car and everything you own if you lose your case).

To get the best defense possible, many defendants cash their TSPs or stocks, sell their boats and cars, mortgage their houses, use credit cards, or borrow money from family and friends. For many, it is money well spent.

Regardless of the cost of a civilian defense lawyer, not having an excellent defense team often costs you 30-40 times the fee of a civilian defense lawyer and can destroy every aspect of your life. Many never recover after a court-martial conviction, discharge, and jail time. Here is an example of how much a court-martial conviction and jail time will cost an E-6 with 12 Years. The costs are much higher for NCOs with over 18 years and officers.

When you take a plea deal, your average sentence will be 8-18 months in jail and a BCD or Dishonorable Discharge. It could be less or much more.

COST OF JAIL TIME EXAMPLE:

TIME IN JAIL/ LOST MILITARY INCOME & BENEFITS (you generally lose your income when sent to jail)

1 month in jail /$7,593.00
6 months in jail / $45,558.00
12 months in jail / $91,124.00
18 months in jail / $136,674.00
3 years in jail / $273,372.00
10 years in jail / $911,240.00

YOU WILL ALSO LIKELY LOSE YOUR HOME, FAMILY, CAR, AND ALL OF YOUR MATERIAL POSSESSIONS.

This does not include the cost of freedom. Sleeping in your bed, having romantic relations with your loved one, seeing your children and family, having fun, attending sports events, school events, and going out, as well as the social, physical, mental, and emotional price of being sent to prison and the loss of respect that you have for yourself and that others have for you, are priceless.

(The above calculation is conservative. It is based on an E-6 with 12 years: Base Pay $4,649.70, BAH $1,400.00, BAS $294.00, FSA $250.00, Insurance & Other benefits $1,000.00)

LONG-TERM LOSSES, IN ADDITION TO THE LOST WAGES ABOVE

-Lost Bonuses

– You will not be eligible for the new military bonus. You will have to pay back bonuses. This will cost you $10,000-$80,000 in reenlistment and specialty bonuses.

-Lost Retirement

– An E-7 with over 20 years of life and who lives to be 85 will collect $1,000,000 – $1,700,000 in retirement pay and benefits.

-Lost Medical Insurance

– Basic civilian (not full coverage) medical insurance for a family of four will cost you a minimum of $12,000 yearly, just for the premium. Your premium plus co-pays and other costs will add up to $300,000 to $2,000,000 million over your lifetime, depending on whether or not you have medical conditions.

-Federal Felony Conviction

– With a Federal Felony Conviction, you will generally be limited to low-level, low-paying jobs. This conviction will cost you $20,000-$100,000 in lost potential income annually. Over your lifetime, a Federal Felony Conviction can cost up to $4,000,000-$5,000,000 in lost potential income.

– Lost privilege 

-As a federal convict, you cannot own or possess a firearm, vote, or hold government jobs. Sometimes, you cannot participate in a labor union or federal contracts or programs. There are immigration and passport limitations and many other consequences that make you a second-class citizen.

-Sex Offender Registry

– In sex cases (even false allegations), if you are convicted, you will be a registered sex offender. You will be severely limited in employment opportunities and where you can live. You will be limited to hard labor-type jobs. Over your lifetime, a sex offender conviction will cost you $40,000-$150,000 a year in lost income potential. Over your lifetime, you can lose up to $4,000,000 – $5,000,000 in potential income. In addition, you will be forever labeled a “Sex Offender” and will be a social outcast.

-As a “sex offender,” you will not be able to live or work near schools, playgrounds, daycare, hospitals, swimming pools, parks, libraries, and other areas. You may not be able to be around children, you will have your face, name, and address posted on the web, the police will visit you every time a crime occurs, and in some areas, you must tell all of your neighbors that you are a Federally convicted sexual offender. (That does not go over well at the neighborhood BBQ). Some states are trying to pass laws that require you to have a neon green sex offender license plate. These harsh sanctions apply to people convicted in the he said/she said case where both parties drank alcohol, had sex, and later, the female claimed she drank too much and would not have consented but for the alcohol. These facts make you a sex offender as well if convicted.

– Loss of nearly all VA Benefits

– including veterans’ preferences, medical benefits, VA home loan benefits, combat-related benefits, etc. This will plague you for life, and you will suffer the loss of hundreds of thousands of dollars in benefits and employment opportunities. In today’s digital marketing trends, getting a home loan is difficult. The VA home loan is often your best option. However, after your court-martial, the VA home loan may not be available for you.

-Loss of nearly all military benefits

– Each branch of the military gives specific benefits. You will lose nearly all of these benefits. You will lose hundreds of thousands of dollars in military-specific benefits throughout your life.

BOTTOM LINE: WHEN FACING A POSSIBLE COURT-MARTIAL, YOU CANNOT AFFORD TO TAKE YOUR CHANCES. THE COST OF A COURT-MARTIAL IS REAL, AND YOU SHOULD GET THE BEST DEFENSE POSSIBLE.

NOTE: HIRING A CIVILIAN DEFENSE LAWYER DOES NOT GUARANTEE A PARTICULAR OUTCOME. SPEAK WITH AN EXPERT MILITARY LAWYER TO DISCUSS YOUR OPTIONS AND THE SPECIFICS OF YOUR CASE. NOT ALL CIVILIAN DEFENSE LAWYERS ARE THE SAME.

Additional Considerations and Collateral Consequences

A court-martial conviction and subsequent discharge can have devastating and far-reaching consequences for military personnel. The costs are not limited to immediate penalties such as confinement or discharge but extend to significant financial losses, long-term career impacts, and profound personal and social ramifications. This guide explores these costs, including lost income, collateral consequences of a federal felony conviction, and the implications of sex offender registration.

Lost Income

One of the most immediate and tangible costs of a court-martial conviction is the loss of income. This includes both direct salary and various allowances that service members receive.

• Base Pay: Service members lose their regular base pay, which is the foundation of their military compensation.
• Allowances: Loss of housing allowance (BAH), subsistence allowance (BAS), and other special pay can severely impact financial stability.
• Retirement Benefits: Discharge for dishonorable or bad conduct typically results in forfeiture of retirement benefits, which can amount to significant financial loss over a lifetime.

For example, a 20-year military career could yield substantial retirement benefits. Losing these benefits could mean forfeiting hundreds of thousands of dollars throughout retirement.

Career Impacts

A court-martial conviction often results in a bad conduct or dishonorable discharge, which has severe career implications.

• Employment Opportunities: Many employers are reluctant to hire individuals with a dishonorable discharge. Background checks revealing a federal felony conviction can further limit job prospects.
• Professional Licenses: Certain professions require clean records for licensing. Convictions can bar individuals from obtaining necessary certifications and licenses, closing doors to careers in law, medicine, education, and more.

Collateral Consequences of a Federal Felony Conviction

A federal felony conviction carries numerous collateral consequences beyond the immediate penalties imposed by the court-martial.

• Voting Rights: In many states, felony convictions result in the temporary or permanent loss of voting rights.
• Firearm Ownership: Convicted felons are prohibited from owning or possessing firearms, impacting personal freedoms and recreational activities.
• Jury Service: Felony convictions often disqualify individuals from serving on juries, affecting civic participation.
• Public Assistance: Felony convictions can deny certain public benefits, including housing assistance and food stamps.
• Social Stigma: The social stigma of a felony conviction can affect personal relationships and community standing, leading to isolation and mental health issues.

Sex Offender Registration

If the court-martial conviction involves a sexual offense, the convicted individual may be required to register as a sex offender, leading to severe and lasting repercussions.

• Public Registry: Being listed on a public sex offender registry can lead to social ostracism, harassment, and difficulties finding housing and employment.
• Residency Restrictions: Registered sex offenders often face restrictions on where they can live, limiting their housing options and sometimes forcing them to move away from support networks.
• Notification Requirements: Regular reporting to law enforcement and notification of changes in residence, employment, or other personal details can be burdensome and invasive.
• Travel Restrictions: Registered sex offenders may face restrictions on travel, both domestically and internationally, impacting personal freedom and opportunities.

Mental and Emotional Impact

The mental and emotional toll of a court-martial conviction and discharge cannot be overstated. Individuals may experience severe stress, anxiety, depression, and other mental health issues as a result of their conviction and its consequences.

• Family Strain: The strain on family relationships can be profound, leading to marital issues, estrangement from children, and other familial conflicts.
• Social Isolation: The stigma associated with a court-martial conviction can lead to social isolation and difficulties in maintaining friendships and social networks.
• Identity Crisis: For many service members, their military identity is a core part of their self-concept. A court-martial conviction can lead to an identity crisis and loss of self-esteem.

Military Defense Lawyers Can Help

The costs of a court-martial conviction and discharge are extensive and multifaceted, affecting financial stability, career opportunities, personal freedoms, and mental health. Understanding these consequences underscores the importance of robust legal defense and the potential long-term impact on service members’ lives.