Court-Martial Defense

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A court-martial is the military's equivalent of a federal criminal trial. A conviction can result in confinement, a punitive discharge, forfeiture of all pay and allowances, reduction in rank, and a federal criminal record that follows you into civilian life. The stakes could not be higher — and the time between notification and trial can be frighteningly short.

Attorney Nelson Robles is a current Army National Guard JAG officer who has worked within the military justice system from the inside. He understands how convening authorities evaluate cases, how military prosecutors build their charges, and where the most effective defense strategies lie.

The UCMJ establishes three types of courts-martial, each with different jurisdiction and punishment authority:

General Court-Martial

The military's highest trial court, reserved for the most serious offenses — equivalent to felonies in the civilian system. A General Court-Martial consists of a military judge and at least five panel members, or a military judge alone at the accused's request. It has authority to impose any punishment authorized by the UCMJ including confinement for life, dishonorable discharge, and in capital cases, death.

Special Court-Martial

An intermediate court with jurisdiction over non-capital offenses. The maximum punishment at a Special Court-Martial is one year of confinement and a Bad Conduct Discharge. Despite being considered a lesser forum, a Bad Conduct Discharge is a federal conviction with lifelong consequences for employment, benefits, and reputation.

Summary Court-Martial

Designed for minor offenses involving enlisted members only. A single commissioned officer presides. Maximum punishment is 30 days confinement. An accused has the right to refuse trial by Summary Court-Martial, in which case the case may be referred to a Special or General Court-Martial.

From the moment a CID agent contacts you or charges are preferred against you, the clock is running. The military justice process moves quickly — and every stage presents critical strategic decision points where an experienced attorney makes a measurable difference.

• Article 32 Preliminary Hearing — Required before referral to General Court-Martial. Your attorney can challenge evidence and expose weaknesses at this stage.

• Preferral and Referral — How charges are drafted and forwarded matters. An attorney can often influence how charges are framed before trial.

• Pretrial Agreements — Negotiating a pretrial agreement (military plea deal) requires knowledge of what convening authorities will and will not accept.

• Trial — Panel or Judge Alone — The decision whether to request a panel of members or a military judge alone is one of the most consequential tactical decisions in a court-martial.

• Sentencing — Military sentencing is a separate phase with unique rules. Effective mitigation can be the difference between minimal and maximum punishment.

• Appeals — Convictions can be appealed to the service Courts of Criminal Appeals and ultimately to the U.S. Court of Appeals for the Armed Forces (CAAF).

Attorney Nelson Robles defends court-martial charges across the full spectrum of UCMJ offenses including assault, sexual assault under Article 120, drug offenses under Article 112a, larceny, fraud, absence without leave, dereliction of duty, conduct unbecoming an officer, and all other punitive articles.