Court Martial Lawyers for All Branches
A court-martial is a federal criminal trial. A conviction can mean confinement, a punitive discharge, a federal conviction record, and in some cases sex-offender registration — consequences that follow a service member long after the uniform comes off. Every accused service member has a statutory right to be represented by a civilian court martial lawyer at no expense to the government under Article 38(b), UCMJ (10 U.S.C. § 838), in addition to — not instead of — detailed military defense counsel.
| Governing law | Uniform Code of Military Justice, 10 U.S.C. ch. 47; Manual for Courts-Martial (Joint Service Committee) |
|---|---|
| Right to civilian counsel | Article 38(b), UCMJ — civilian counsel of the accused’s own selection, at no expense to the government |
| Types of courts-martial | Summary (Art. 20), Special (Art. 19), General (Art. 18) |
| Who can be tried | Active duty members of every branch; certain reservists, retirees, and others under Article 2, UCMJ |
| Appellate review | Service Courts of Criminal Appeals (Art. 66); Court of Appeals for the Armed Forces (Art. 67) |
| Free military counsel | Detailed defense counsel under Article 27, UCMJ — Army TDS, Air Force ADC, Navy DSO, Marine Corps DSO, Coast Guard defense counsel |
What Is a Court-Martial?
A court-martial is the military’s criminal trial forum, established by Congress under the Uniform Code of Military Justice. It is not an administrative proceeding and it is not a hearing before a commander — it is a criminal prosecution conducted by the United States, with a military judge, prosecutors (trial counsel), rules of evidence closely modeled on the Federal Rules, and the power to impose confinement and punitive discharges.
Charges are prosecuted under punitive articles of the UCMJ, which cover both uniquely military offenses (absence without leave under Article 86, disrespect and disobedience offenses) and offenses that mirror civilian crimes — sexual assault under Article 120, larceny and fraud under Article 121, controlled substance offenses under Article 112a, and assault under Article 128, among others.
Because a general or special court-martial conviction is a federal conviction, the stakes extend beyond military service: employment background checks, firearm rights, security clearances, professional licensing, and immigration status can all be affected.
The Three Types of Courts-Martial
Summary Court-Martial
A summary court-martial under Article 20, UCMJ is the lowest forum, reserved for enlisted members and minor offenses. Punishments are limited — for junior enlisted members they can include up to 30 days of confinement — and a summary court-martial is not considered a federal criminal conviction. A service member may refuse trial by summary court-martial, a decision that should be made with counsel because refusal can result in the case being referred to a higher forum.
Special Court-Martial
A special court-martial under Article 19, UCMJ is often compared to a civilian misdemeanor court. It can adjudge confinement of up to one year, forfeitures, reduction in grade, and a bad-conduct discharge. Congress has also authorized a judge-alone special court-martial with capped punishments and no punitive discharge. A special court-martial conviction is a federal conviction.
General Court-Martial
A general court-martial under Article 18, UCMJ is the military’s felony-level forum. It can impose any punishment authorized by the Manual for Courts-Martial for the offense — including lengthy confinement, dishonorable discharge or dismissal (for officers), total forfeitures, and in capital cases, death. Referral to a general court-martial generally requires a preliminary hearing under Article 32, UCMJ unless the accused waives it.
Civilian Court Martial Lawyers vs. Free Military Defense Counsel
Every accused service member is detailed a free, qualified military defense attorney under Article 27, UCMJ — Trial Defense Service (TDS) in the Army, Area Defense Counsel (ADC) in the Air Force and Space Force, and Defense Services Organization (DSO) counsel in the Navy and Marine Corps. Many detailed counsel are capable and dedicated advocates.
Hiring a civilian court martial lawyer under Article 38(b) does not replace detailed counsel — the accused may keep both, and the civilian attorney typically serves as lead counsel. Service members commonly weigh these factors when deciding whether to retain civilian counsel:
- Caseload and continuity. Detailed counsel carry office caseloads and rotate assignments on military timelines; retained counsel is chosen by the client and stays on the case.
- Selection. Detailed counsel are assigned; civilian counsel is the accused’s own selection, including the right to interview and choose before retaining.
- Independence from the chain of command. Detailed military counsel are independent by regulation, but a civilian attorney sits entirely outside the military structure.
- Resources and focus. A retained defense team can be built around one case — investigators, forensic experts, and consultants requested or hired as the defense requires.
Gonzalez & Waddington, LLC provides a confidential consultation to discuss the charges, the forum, and whether retaining civilian counsel makes sense for the specific case.
The Court-Martial Process, Stage by Stage
- Investigation. CID, NCIS, OSI, or CGIS investigates. The right to remain silent and the right to counsel under Article 31(b), UCMJ attach before any questioning by military authorities — earlier and more broadly than civilian Miranda rights. The most consequential mistakes in a court-martial case are often made in the interview room, before charges exist.
- Preferral of charges. Charges are formally preferred under Article 30, UCMJ and the accused is informed of them.
- Article 32 preliminary hearing (general courts-martial). A hearing officer examines probable cause and forum recommendations under Article 32. This is a defense opportunity to test evidence and lock in testimony, not a formality.
- Referral. The convening authority refers charges to a specific court-martial forum.
- Arraignment and motions. The accused is arraigned; the defense litigates motions — suppression, discovery, unlawful command influence, speedy trial — that can reshape or end a case before trial.
- Trial. Trial before a military judge alone or a panel of members, with forum and pleas elected by the accused. Enlisted accused may request enlisted panel members.
- Sentencing. If there is a conviction, sentencing follows — a distinct litigation phase with its own evidence, witnesses, and strategy.
- Post-trial and appeal. Clemency submissions to the convening authority, automatic or discretionary review by the service Court of Criminal Appeals under Article 66, and further review by the Court of Appeals for the Armed Forces under Article 67.
Consequences of a Court-Martial Conviction
- Confinement — up to the maximum authorized by the Manual for Courts-Martial for each offense.
- Punitive discharge — bad-conduct discharge, dishonorable discharge, or dismissal for officers, each carrying loss of most veterans’ benefits.
- Federal conviction record — special and general court-martial convictions appear in background checks like any federal conviction.
- Sex-offender registration — convictions for covered offenses under Article 120 and related articles trigger registration requirements.
- Collateral consequences — security clearance revocation, firearm prohibitions, professional licensing problems, and immigration consequences for non-citizen service members.
When to Hire a Court Martial Lawyer
The honest answer: as early as possible. The defining decisions in most court-martial cases happen before trial — whether to speak to investigators, what to say at an Article 32 hearing, whether to refuse a summary court-martial, whether to negotiate a plea agreement, whether to submit matters before referral. Once those decisions are made, they generally cannot be unmade.
Warning signs that a case is moving toward court-martial include being read Article 31(b) rights, being flagged or placed on legal hold, having a command-directed urinalysis or search, being interviewed by CID, NCIS, OSI, or CGIS, or receiving a preferral of charges. Any of these is the right time to speak with counsel — military, civilian, or both.
About Gonzalez & Waddington
Gonzalez & Waddington, LLC is a civilian military defense firm that concentrates on court-martial litigation and serious UCMJ matters, representing service members worldwide — including at forward-deployed and overseas installations in Europe, the Pacific, and the Middle East. The firm is led by its founding partners:
- Michael Waddington — criminal defense lawyer with more than 25 years of military defense experience, including prior service as a U.S. Army JAG officer. He is the author of nine books on criminal defense and military justice, including The UCMJ Survival Guide, contributed chapters to the American Bar Association’s annual The State of Criminal Justice from 2013 to 2024, and serves as an adjunct professor of law at Florida International University College of Law.
- Alexandra González-Waddington — founding partner with more than 20 years of court-martial defense experience. She has defended hundreds of clients charged with sexual assault, worked on war crimes cases arising from the Iraq and Afghanistan wars, and co-authored leading textbooks on cross-examination in sexual assault cases.
Representation Across Every Branch
Gonzalez & Waddington represents service members in every branch, and uses each branch’s own terminology and procedures:
- Army — courts-martial, Article 15 nonjudicial punishment, GOMOR rebuttals, and administrative separation boards.
- Air Force & Space Force — courts-martial, Article 15s, LOR responses, UIF and control roster matters, and administrative discharge boards.
- Navy — courts-martial, captain’s mast, Page 13 entries, and administrative separation processing.
- Marine Corps — courts-martial, NJP, Page 11 (6105) entries, and administrative separation boards.
- Coast Guard — courts-martial and captain’s mast under the UCMJ.
Frequently Asked Questions
Do I get a free military lawyer for a court-martial?
Yes. Under Article 27, UCMJ, every accused facing a special or general court-martial is detailed qualified military defense counsel at no cost. You may also retain a civilian court martial lawyer under Article 38(b) and keep your detailed military counsel on the defense team.
How much does a civilian court martial lawyer cost?
Fees vary with the forum, the charges, and the stage of the case — a general court-martial sexual assault case involves far more work than a summary court-martial or an Article 15 advisement. Gonzalez & Waddington discusses fees during the initial consultation.
Is a court-martial conviction a federal conviction?
A special or general court-martial conviction is a federal criminal conviction and will appear in background checks. A summary court-martial is not a criminal conviction, though its record can still affect a military career.
Can I refuse a summary court-martial?
Yes — an accused may object to trial by summary court-martial. The command may then drop the matter, impose nonjudicial punishment if available, or refer the charges to a special or general court-martial, where punishments are higher but the accused gains full trial rights. This decision should be made with counsel.
Can a court-martial conviction be appealed?
Yes. Depending on the sentence, review is available before the service Court of Criminal Appeals under Article 66, UCMJ, and further review may be sought at the Court of Appeals for the Armed Forces under Article 67, with limited review by the U.S. Supreme Court.
Should I talk to CID, NCIS, or OSI without a lawyer?
You have the right to remain silent and to consult counsel under Article 31(b), UCMJ before answering any questions from military investigators. Invoking those rights cannot be used against you at trial. Speak with a defense attorney — detailed or civilian — before agreeing to any interview.
Facing a Court-Martial? Talk to a Defense Lawyer Now.
Call 1-800-921-8607 or use the confidential contact form. Gonzalez & Waddington, LLC represents service members worldwide in every branch — Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.