If you are a member of the U.S. armed forces facing a court-martial, you have your career, your freedom and your future reputation at stake. Make sure your defense counsel understands how important this is to you and your family.
I am military law attorney Charles Swift of Swift & McDonald, P.S., in Seattle, Washington. I am Naval Academy graduate and a retired naval officer. Ten of my twenty years of service were spent as a military defense counsel. In that capacity, I successfully represented service members of all ranks in more than 150 courts-martial. In addition to my in-court experience, the Navy sent me to Temple University's Masters of Legal Advocacy program, the equivalent of "Top Gun" for trial lawyers, where I graduated with honors. My performance inside and outside of the court room during my military career earned me a reputation as a fearless advocate and a reputation as one of the foremost experts in UCMJ criminal law matters. I am routinely upon called upon to lecture on military justice issues to lawyers and law students, and I have appeared on numerous television news programs as an expert in military law. My courage and skill in the court room has been repeatedly recognized, including being voted runner-up lawyer of the year in 2005 by the National Law Journal. Most importantly, I understand how the prosecution, military judges, and court members think. I can put that knowledge to work to give you both the best possible advice on how to handle you case and the best possible advocacy in the courtroom.
At Swift & McDonald, we represent members of all branches of the military who are facing court-martial offenses anywhere in the world. When my law partner, Catherine McDonald, and I founded our firm, it was with a special commitment to protecting the rights of American Service members facing the harsh consequences of the UCMJ system. Together, we have built a law firm with the integrity that you can trust, the courage to aggressively defend your case, and the commitment to handle your case to the end. The court-martial process is complex and requires an in-depth understanding of how the military will proceed with its case. I stand ready to defend your rights anywhere in the world.
The Military Court System
Military courts are divided into three types of courts: summary, special and general courts-martial:
Summary Court-Martial
Summary courts-martial are restricted to enlisted service members. Penalties are restricted to one reduction in a pay grade, 30 days of incarceration and a fine of one half month's pay. Although not entitled to appointed counsel, service members may hire counsel of their choosing. A summary court-martial consists of one commissioned officer who acts as judge, prosecutor and defense in the proceeding. During a summary court-martial, the judge is responsible for inquiring into both sides of the case, protecting the interests of both the defense and the prosecution, and impartially deciding the case.
An enlisted person facing criminal charges has the right to refuse trial by summary court-martial. In some circumstances, you may hire a civilian defense counsel to represent you. During the summary court-martial, your attorney will have the right to cross-examine witnesses, call witnesses, produce evidence, testify under oath, remain silent and raise motions.
Special Court-Martial
If you decide to refuse trial by summary court-martial, your command has the option to try your case as a special court-martial or general court-martial instead. Special courts-martial are misdemeanor courts and have jurisdiction over both officer and enlisted personnel. The court is presided over by a military judge, and is composed of at least three active-duty members forming the military equivalent of a jury. If desired, you may request trial by a military judge alone. Conduct of the trial is governed by the Military Rules for Court-Martial and Evidence. For enlisted service members, special courts-martial may impose up to one year of confinement, forfeiture of all pay allowances, a reduction in rate to the lowest enlisted pay grade, and a Bad Conduct Discharge. For officers, the court is limited to a letter of reprimand as punishment.
The special court-martial process begins when your chain of command, with the assistance of the JAG office, determines that a court-martial is appropriate for the charges. If the commander determines that the case should proceed to special court-martial then the proceedings begin with the appointment of active duty service members to serve as the court-martial panel and the referral of charges to them. Unlike a general court-martial, a pre-trial investigation is not required prior to commencing trial. Once the charges are referred to a special court-martial, the case can begin within three days. An accused service member has the same procedural rights at a special court-martial as at a general court-martial.
General Court-Martial
General courts-martial are the military's felony courts and this court may award any punishment authorized by the UCMJ and the Rules for Courts-Martial. The court has jurisdiction over both officer and enlisted service members. Similar to a special court-martial, they are also presided over by a military judge and governed by the Military Rules for Court-Martial and Evidence. A general courts-martial, however, must consist of a panel with at least five service members selected by the officer convening the court. Like a special court-martial, you may request trial by a military judge alone.
Similar to special courts-martial, the general court-martial process begins when your chain of command, with the assistance of the JAG office, determines a court-martial is appropriate for the charges. Unlike, a special court-martial, charges may not be brought before a general court-martial without a preliminary investigation under Article 32. The Article 32 investigation is a hearing which determines whether there is sufficient evidence to warrant trial by court-martial. After the Article 32 hearing, the investigating officer will recommend whether your case should proceed to a general court-martial, be dismissed or moved to a lower court. After receiving the recommendation, if chosen, the case can proceed to general court-martial within five days.
Experienced Military Criminal Defense Lawyer · Call toll free 800-391-7308
From offices in Seattle, the firm represents clients in civilian criminal matters and military family law matters throughout Washington State. Mr. Swift represents clients in military law matters at U.S. bases around the world. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced court-martial defense lawyer today.
