Civilian Court-Martial Attorneys
Joseph L. Jordan: Court-Martial Attorney Most defense attorneys answer the question “what do you practice?” with a list. Joseph L. Jordan answers it with one word: courts-martial. For…
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Court Martial FAQ
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What does it mean when charges are “preferred,” and who can prefer them?
In the military justice system, "preferring" charges is the formal act of accusing someone of an offense. It is roughly the equivalent of filing criminal charges in a civilian court:...
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How does a court-martial affect a security clearance, and can it trigger sex-offender registration?
A court-martial can damage a security clearance and, for certain offenses, can require lifetime registration as a sex offender. These are two separate consequences that often arrive together, and they...
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What is unlawful command influence, and how can it derail a court-martial?
Unlawful command influence is improper interference by a commander or other superior with the court-martial process, and it is so corrosive that courts have long called it the mortal enemy...
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What does an Article 86 absence without leave (AWOL) charge involve?
Article 86 is the most commonly charged absence offense in the military, and it covers more ground than the familiar shorthand "AWOL" suggests. It is not limited to a service...
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What does an Article 117a charge (wrongful distribution of intimate images) involve?
Article 117a of the Uniform Code of Military Justice criminalizes the wrongful broadcast or distribution of intimate visual images. It is the military's response to what is commonly called "revenge...
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At what stages can a court-martial be dismissed, dropped, or resolved before a verdict?
A military case is not a single switch that flips toward trial. It is a sequence of decision points, and most of them are exits as well as gates. A...
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What role do forensic experts play in a court-martial defense?
Forensic experts in a court-martial defense do two distinct jobs. As consultants, they help the defense understand and test the government's scientific evidence behind the scenes. As witnesses, they testify...
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Can a military retiree or reservist still be court-martialed?
Yes, in defined circumstances. Retirement and reserve status do not automatically end exposure to the Uniform Code of Military Justice. Retired members of a regular component who are entitled to...
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What is a child-pornography (CSAM) charge at court-martial, and what is at stake?
A child-pornography charge, often described today as child sexual abuse material, or CSAM, is among the most serious offenses the military justice system prosecutes. At court-martial it is charged under...
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What is the difference between an appointed JAG defense counsel and a civilian military defense attorney?
The short version: an appointed JAG defense counsel is a uniformed judge advocate detailed to the case at no cost, while a civilian military defense attorney is a lawyer the...
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What does an Article 121 larceny or wrongful appropriation charge involve?
Article 121 is the UCMJ's theft statute, and it actually houses two separate offenses that share almost every element except one: intent. Larceny is a taking meant to be permanent....
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What does failure to obey a lawful order or regulation cover under Article 92?
Article 92 of the Uniform Code of Military Justice is one of the most frequently used articles in the system because it reaches the everyday machinery of military life: orders,...
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What are the military financial crimes under UCMJ Articles 121, 123, and related provisions?
Military financial crimes are not a single offense called "fraud." They are a cluster of distinct articles in the Uniform Code of Military Justice, each aimed at a particular kind...
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How do you choose a civilian court-martial defense attorney?
Choosing a civilian court-martial defense attorney is less about a polished website and more about one filter: genuine, contested court-martial trial experience. The military justice system has its own traps...
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What is an Article 128 (assault) court-martial?
An Article 128 court-martial covers the offense of assault, and the first thing to understand is that "assault" in the military spans a wide range. The same article reaches a...
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What does an Article 133 charge (conduct unbecoming an officer) involve?
Article 133 is one of the broadest charges in the Uniform Code of Military Justice, and it is also one of the narrowest in a different sense: it applies only...
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What is a court-martial, and how does it differ from a civilian criminal trial?
A court-martial is a federal criminal trial conducted under the Uniform Code of Military Justice (UCMJ). It is not a performance review, an administrative board, or an internal disciplinary meeting....
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How do pretrial agreements and plea deals work in the military justice system?
A pretrial agreement is the military's version of a plea deal: the accused agrees to plead guilty to one or more offenses, and in return the government agrees to limit...
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Can you be prosecuted by both civilian and military authorities for the same act, under double jeopardy and dual sovereignty?
Yes, a state and the military can each prosecute the same act, and doing so does not violate double jeopardy. The reason is the dual-sovereignty doctrine: when a single act...
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Why does the military allow split, non-unanimous verdicts, and how many votes are needed to convict?
A military panel does not have to be unanimous to convict. Under Article 52 of the Uniform Code of Military Justice (10 U.S.C. 852), a court-martial with members returns a...
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What does an Article 113 charge (drunken or reckless operation of a vehicle) involve?
The drunken or reckless operation of a vehicle, aircraft, or vessel is the military offense most people think of as a military DUI, and it has a numbering history worth...
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Who is the convening authority, and what power do they retain over a court-martial after the 2023 reforms?
The convening authority is the senior commander who creates a particular court-martial and refers charges to it for trial. Historically, this commander sat at the center of military justice, deciding...
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What is a judge-alone special court-martial, and when does it apply?
A judge-alone special court-martial is a special court-martial tried by a single military judge, with no panel of members. The judge decides both guilt and, if there is a conviction,...
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What is military clemency, and how is it requested after a conviction?
Military clemency is a request for mercy on the sentence, not a do-over of the trial. After a court-martial reaches a verdict and adjudges a punishment, the accused may ask...
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What is the difference between AWOL and desertion under the UCMJ?
The difference between AWOL and desertion comes down to a single element: intent. Both involve a service member being where they are not supposed to be. But absence without leave...
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How does sentencing work now that a military judge alone imposes the sentence in non-capital cases?
In a non-capital general or special court-martial, the military judge alone now decides the sentence. This is a recent change. For offenses occurring on or after December 27, 2023, Article...
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What is the rape shield rule (MRE 412), and how does it limit evidence in a sexual assault court-martial?
Military Rule of Evidence 412, the military rape shield rule, generally bars evidence of an alleged victim's other sexual behavior or sexual predisposition in a sexual-offense court-martial. It is a...
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What does an Article 120c charge (other sexual misconduct) involve?
Article 120c of the Uniform Code of Military Justice is the provision that gathers several sexual offenses that do not fit the act-and-contact framework of the main sexual-assault statute. It...
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How does a guilty plea work in the military, and what is the providence (Care) inquiry?
A guilty plea in the military is not a formality, and it cannot be entered the way a civilian defendant sometimes can. A service member may plead guilty only if...
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What does an Article 120b charge (rape or sexual assault of a child) involve?
Article 120b of the Uniform Code of Military Justice prosecutes sexual offenses committed against a child. It is a separate statute from the general adult sexual-offense provision, and the difference...
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What is the Office of Special Trial Counsel, and how does its exclusive authority over covered offenses change a case?
The Office of Special Trial Counsel (OSTC) is a body of independent military prosecutors that sits outside the ordinary chain of command. Created by the FY22 National Defense Authorization Act...
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What punishments can a court-martial impose, from confinement to discharge?
A court-martial can reach far beyond a fine. Depending on the forum and the offense, the authorized punishments run from a reprimand on the light end through reduction in rank,...
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What does an Article 121a charge (fraudulent use of a credit card or access device) involve?
Article 121a, codified at 10 U.S.C. 921a, is the UCMJ's access-device fraud statute. It targets the wrongful use of a credit card, a debit card, or another access device to...
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What is an Article 120 (sexual assault) court-martial, and why are these cases prosecuted so aggressively?
An Article 120 court-martial is a felony-grade military criminal trial for a sexual offense, and it is now handled differently from almost any other charge in the system. Article 120...
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How do the new sentencing parameters and criteria set mandatory minimum confinement for certain offenses?
The sentencing parameters are confinement ranges, grouped by offense category, that a military judge must sentence within unless specific findings justify going outside them. They took effect for offenses on...
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What does an Article 90 or Article 91 charge (disobeying or disrespect toward superiors) involve?
Article 90 and Article 91 both punish insubordination, but they are not the same charge, and the difference is not a technicality. The two articles are sorted by who the...
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What does an Article 85 desertion charge involve?
Desertion under Article 85 is one of the most serious absence offenses in the military justice system, and it is frequently misunderstood. People assume that being gone for a long...
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How are witnesses cross-examined in a court-martial, and why does it matter to the defense?
Cross-examination in a court-martial is the questioning of a government witness by the defense, aimed at the witness's credibility, consistency, bias, and ability to perceive and recall. That much it...
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What does an Article 128 assault charge involve?
An Article 128 assault charge is not a single offense. It is a family of offenses that runs from a threatening gesture that never lands to a knife wound that...
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What does an Article 128b domestic violence charge involve?
Article 128b is the UCMJ's standalone domestic violence offense, and what sets it apart from an ordinary assault charge is the relationship at its center. The same act that would...
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What does an Article 92 charge (failure to obey an order or dereliction of duty) involve?
Article 92 is one of the most versatile charges in the military justice system, and that versatility is exactly why it is so often charged. It is not a single...
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How does the trial phase of a court-martial unfold once it begins?
Once a court-martial reaches its trial phase, it moves through a recognizable sequence built specifically for the military system. The findings phase, where guilt is decided, is deliberately separated from...
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What are Article 31 rights, and how do they differ from civilian Miranda rights?
Article 31 of the Uniform Code of Military Justice gives a service member a warning that reaches further than the civilian Miranda rule. Under Article 31(b), before anyone subject to...
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What does a military defense lawyer actually do in a court-martial?
A military defense lawyer does everything a civilian criminal defense lawyer does, and then a layer of work that has no civilian equivalent. The familiar parts are real: advising the...
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