Fighting for Service Members Facing the Military’s Most Serious Criminal Proceedings
A court-martial is the most consequential legal proceeding a service member can face. Unlike a civilian criminal trial, a court-martial carries penalties that extend far beyond a prison sentence. A conviction can strip retirement pay, eliminate veterans’ benefits, result in a dishonorable discharge, and permanently close doors in civilian life long after the military chapter has ended..
At Corrao & Robles Law, attorney Nelson Robles defends service members facing court-martial proceedings across the East Coast and in applicable federal cases. With his Judge Advocate General (JAG) experience, he’s worked inside the military legal system and understands exactly how prosecutors and commanders build their cases — and where those cases can be challenged.
What Is a Court-Martial?
A court-martial is a military criminal trial conducted under the authority of the Uniform Code of Military Justice (UCMJ) and governed by the Manual for Courts-Martial. It’s the military’s mechanism for prosecuting serious criminal offenses committed by service members, and it operates under an entirely separate legal framework from civilian criminal courts.
Unlike civilian proceedings, courts-martial involve military judges, military prosecutors known as trial counsel, and possibly panels of commissioned officers or a mix of officers and enlisted members serving in the role of a jury. The rules of evidence, procedural standards, and appellate processes all differ significantly from anything found in state or federal civilian courts.
The Three Types of Courts-Martial
Summary Court-Martial
A summary court-martial is the least severe of the three and handles minor offenses. It’s presided over by a single commissioned officer and does not involve a military judge or formal panel. While the potential penalties are more limited, a summary court-martial still produces a formal conviction and can affect a service member’s career and record. An enlisted service member may refuse a summary court-martial and demand a higher level of proceeding.
Special Court-Martial
A special court-martial handles intermediate-level offenses and functions more like a formal trial. It may involve a military judge, trial counsel, defense counsel, and a panel. Potential punishments include confinement, reduction in rank, forfeiture of pay, and a bad-conduct discharge. A bad-conduct discharge carries lasting consequences for employment, housing, and access to veterans’ benefits.
General Court-Martial
A general court-martial is the military’s highest-level criminal tribunal and is reserved for the most serious offenses under the UCMJ. It follows a formal pretrial investigation process and could result in any punishment the UCMJ authorizes, including a dishonorable discharge, forfeiture of all pay and allowances, and long-term confinement. A dishonorable discharge is the military equivalent of a felony conviction and carries consequences that follow a person for the rest of their life.
Offenses Commonly Prosecuted at Court-Martial
Courts-martial can be convened for a wide range of criminal and military-specific offenses under the UCMJ, including:
Each of these charges carries distinct evidentiary requirements, potential defenses, and procedural considerations under military law. The approach that works in one case may be entirely wrong for another, which is why personalized, experienced legal representation matters.
How the Court-Martial Process Works
Investigation
Before any charges, a thorough investigation occurs to see if such charges are warranted.
Preferring the Charges
The court-martial process formally begins when charges are preferred, meaning a commanding officer officially accuses a service member of a UCMJ violation. This triggers a series of procedural steps that eventually lead to either disposition of charges or referral to a court-martial panel.
Article 32 Preliminary Hearing
Before a general court-martial proceeds, a preliminary hearing under Article 32 of the UCMJ must take place. This hearing is similar in some ways to a civilian grand jury process, but with a critical difference: the defense has the right to appear, present evidence, and cross-examine witnesses. This is a significant early opportunity to challenge the government’s case and establish the foundation of a defense strategy.
Arraignment and Pretrial Motions
After referral to a general court-martial, the service member is arraigned and given the opportunity to enter a plea. Pretrial motions can address the admissibility of evidence, violations of the accused’s constitutional or Article 31 rights, unlawful command influence, and other critical issues. Strong pretrial motion practice can change the trajectory of a case before the panel ever convenes.
Trial and Sentencing
If the case proceeds to trial, the government presents its case through witnesses and evidence, and the defense responds. In a contested court-martial, the defense has the right to cross-examine all government witnesses, present its own evidence, and make arguments to the panel. If the accused is convicted, a separate sentencing phase follows. Effective advocacy during sentencing can make a significant difference in the outcome.
Appeals
A conviction at court-martial is not necessarily the end of the road. The military appellate system includes the branch Courts of Criminal Appeals and, in some cases, the United States Court of Appeals for the Armed Forces (CAAF). Appellate review can address legal errors, constitutional violations, and sufficiency of the evidence. Attorney Robles can advise on whether a conviction presents viable grounds for appeal.
Unlawful Command Influence
One of the most serious problems in the military justice system is unlawful command influence, which is when commanders use their authority to improperly affect the outcome of a court-martial proceeding. This can take many forms, from pressuring witnesses to signaling a desired verdict to taking adverse personnel actions against individuals associated with the defense.
Unlawful command influence is recognized by military courts as one of the gravest threats to the fairness of military justice proceedings. Identifying it and raising it as a defense issue requires an attorney who understands how command dynamics operate within the military.
Why JAG Experience Matters
The UCMJ, the Manual for Courts-Martial, military rules of evidence, the rank structure that permeates every aspect of a proceeding, and the culture of military institutions all create a legal environment that requires specialized knowledge and experience.
Attorney Nelson Robles has worked within the system that now governs the military cases he defends. That experience means he understands how military prosecutors build their cases, how command dynamics shape investigative and charging decisions, and how panels of military officers and enlisted members evaluate evidence and credibility.
When to Contact a Court-Martial Defense Attorney
Time is critical in court-martial proceedings. Evidence can be lost, witnesses’ memories fade, and important procedural deadlines can pass. Contact us if any of the following apply:
Work With Corrao & Robles Law
A court-martial can alter the entire trajectory of a life built on service and sacrifice. Every service member deserves a defense built on deep knowledge of military law, genuine understanding of what’s at stake, and the kind of tenacious advocacy that the military justice system demands.
Corrao & Robles Law represents service members facing court-martial proceedings throughout the East Coast and in certain federal cases. Whether you’re at the earliest stages of an investigation or already approaching trial, the time to act is now.