Courts Martial

Our law firm represents members of all the armed services in defense of the charges brought against them by the Government at courts-martial. 

We are experienced in defending against a full range of charges to include, premeditated murder, AWOL, drug offenses, BAH fraud, child pornography, assault, and conduct unbecoming an officer.

Your court-martial is divided up in 3 stages.

THE PRE-TRIAL STAGE 

This stage generally begins with you finding out that you are under investigation or with the government reading charges to you.  It is highly important that at this stage Mr. Litka or Mr. Culp is retained to start fighting for the best result.  The earlier an attorney is brought on board the better he will be able to defend his client.

At the pre-trial stage you might be placed in pretrial confinement.  Pretrial confinement is governed by rules for courts-martial 305.  In brief, if the government does not follow these rules you should be able to get credit against any sentence you may receive.  You are entitled to a hearing as to whether you should be released from pre-trial confinement.  The pros and cons of release should be discussed with your attorney.  During the pre-trial stage it is best to give your defense attorney permission to negotiate on your behalf because it is usually at this time you find out if the government is willing to separate you without going to Court. 

If you are not placed in pretrial confinement, generally you will be placed on restriction.  This typically only allows you to be in the unit area, place of worship, and the gym.  Moreover, it is not unusual for you to be taken off of your regular duty and give administrative type tasks such as "charge of quarters" duty.

In preparation of trial at a general court-martial you will get notice that the government intends to hold a hearing on your charges.  This hearing is held pursuant to UCMJ Article 32.

If an administrative separation does not occur and the charges are not dropped, you need to prepare for trial.

THE TRIAL STAGE. 

Are you going to fight charges or plead guilty.  Whether you fight the charges or plead your attorney will still need to prepare a sentencing case so you will need to put him in contact with all potential witnesses to the charges and to people who may say good things about you.  If you plead guilty, it might be possible to get a sentencing cap.  This means that going into the guilty plea you will know the maximum amount of confinement you could receive.  The confinement sentence is what ever is less, the adjudged sentence or your cap.

THE POST-TRIAL STAGE. 

You still need to stay in contact with your attorney.  At the trial stage, this is the last chance to get relief and it could help set up the issues for appeal.

If you would like to have an initial consultation please e-mail or call our offices for an appointment.