Worldwide Court Martial Attorney: Strategic Defense for U.S. Service Members
A court-martial is not just a disciplinary procedure. It is the military’s version of a criminal trial, convened as either a Summary, Special, or General Court-Martial. Each level differs in procedure, punishment authority, and legal rights. These are not internal command matters. They are federal prosecutions under the Uniform Code of Military Justice.
A charge under the UCMJ can result in confinement, discharge, forfeiture of benefits, and a permanent federal record. From the moment allegations arise, your command may begin pressuring you to sign statements, accept Article 15 punishment, or waive your rights without a full understanding of the consequences. These decisions follow you long after separation.
⚠️ What You Must Do First
• Do not talk to your command, legal officers, or investigators without a qualified attorney
• Do not accept Article 15 or waive an Article 32 hearing without legal advice
• Secure all digital evidence, messages, and names of potential witnesses
Joseph L. Jordan is a former Army JAG officer who has personally defended court-martial cases across all service branches, including the Army, Navy, Air Force, Marines, and Coast Guard. His military criminal defense experience includes assignments in Fort Hood, Germany, Korea, Okinawa, Ramstein, San Diego, Norfolk, and Yokosuka. He does not delegate. Every client works directly with him, from consultation to verdict.
Court-Martial Offenses We Routinely Defend:
• Article 120 Sexual Assault Allegations
• BAH / OHA Fraud and Government Travel Abuse
• Article 112a Drug Use and Distribution
• AWOL, Desertion, and Failure to Report
• Possession of Child Pornography
• Wrongful Access to Military Systems
In prior cases, Mr. Jordan has achieved full acquittals, dismissals at Article 32 hearings, and sentence mitigation in high-risk trials involving aggravated assault, larceny, and misconduct. View selected case outcomes on our results page.
🔒 Protect your rank, record, and freedom. Get legal advice before it's too late.
Court-Martial Offenses Under the UCMJ: Know the Charges and Risks
Criminal charges under the UCMJ may resemble civilian offenses, but the consequences in a military courtroom are often much harsher. Service members risk confinement, pay loss, federal conviction, or dismissal. Understanding each charge’s definition, elements, and penalties is essential before making any legal decisions.
Common UCMJ Offenses Leading to Court-Martial
• Sexual Assault (Article 120): Rape, aggravated sexual contact, and abusive sexual behavior. Conviction may lead to a dishonorable discharge, sex offender registration, and confinement up to life.
• Violent Crimes: Includes assault on fellow service members, domestic violence, or attempted murder. Penalties may include reduction to E-1, confinement up to 20 years, or dismissal for officers.
• Fraud & Theft: BAH/OHA fraud, travel claim falsification, or theft of government property. Typical punishment includes pay forfeiture, confinement, and punitive discharge.
• Child Exploitation (Articles 134/120c): Possession or distribution of child pornography. Convictions trigger federal registration and long-term confinement.
• AWOL & Desertion (Articles 85/86): Abandoning post, failure to report, or prolonged unauthorized absence. Sentences range from confinement to forfeiture of benefits. In one case, Mr. Jordan’s cross-examination at the Article 32 stage led to the complete dismissal of a desertion charge before referral to General Court-Martial.
• Drug Offenses (Article 112a): Positive urinalysis, distribution, or use of controlled substances. May lead to bad-conduct discharge and up to five years confinement.
• Conduct Unbecoming & Disrespect (Articles 89/91/133): Insubordination, contempt toward officials, or violations of officer conduct standards. Charges often affect promotion eligibility and trigger separation.
• Computer & Communication Abuse: Unauthorized access to classified systems, misuse of DoD networks, or sabotage. Such actions may be charged under Articles 92 or 134.
Court-Martial Forums Explained: What Each Level Means for Your Case
The court-martial process is governed by a series of rules including the Uniform Code of Military Justice (UCMJ), the Rules for Courts-Martial (RCM), and the Military Rules of Evidence (MRE). Every military branch applies these standards to prosecute service members in three distinct forums: Summary Court-Martial (SCM), Special Court-Martial (SPCM), and General Court-Martial (GCM). Each carries different procedures, rights, and consequences.
Summary Court-Martial (SCM)
This is the lowest level of court-martial, typically used for minor misconduct cases where nonjudicial punishment is considered inadequate. Despite its name, an SCM creates a federal criminal record and may carry lasting consequences for your career and benefits.
Structure and Rights
• Presided over by one commissioned officer acting as judge
• Accused has no automatic right to military defense counsel
• Civilian defense counsel is permitted at the member’s own expense
• The accused may decline SCM and demand trial by SPCM or GCM
• Rights retained:
– Remain silent
– Cross-examine witnesses
– Call witnesses and present evidence
– Raise legal motions
– Testify or remain silent during findings
– Submit mitigation or extenuation if convicted
Maximum Punishment
• E-5 and above:
– Reduction of one grade
– Forfeiture of two-thirds pay for one month
– Up to 60 days restriction
• E-4 and below:
– Reduction to E-1
– 30 days confinement or 45 days hard labor
– Up to 60 days restriction
Joseph L. Jordan routinely advises service members when to refuse SCM and escalate to a higher forum. In one case, the accused avoided a federal conviction by redirecting charges to a negotiated SPCM with reduced penalties.
Special Court-Martial (SPCM)
This mid-level forum handles offenses more serious than SCM but below felony-grade conduct. It is a full federal criminal trial with a military judge, prosecution team, and defense counsel.
Structure and Rights
• Tried before a military judge or four-member panel
• Enlisted members may request at least one-third of the panel be enlisted
• Full Military Rules of Evidence apply
• Right to appointed military or retained civilian counsel
• Voir dire and forum election are available
Maximum Punishment
• Bad Conduct Discharge (BCD)
• Confinement up to 12 months
• Forfeiture of two-thirds pay for 12 months
• Reduction to E-1
• Fines not exceeding total forfeiture amount
Jordan's litigation strategy in SPCM includes voir dire challenges, motion suppression, and witness credibility attacks designed to counter command pressure.
General Court-Martial (GCM)
This is the highest-level military trial forum. GCMs are reserved for felony-level charges and often involve intense command interest, media exposure, and full-scale prosecution.
Structure and Rights
• Presided over by a military judge or eight-member panel
• At least one-third of panel must be enlisted (if requested)
• Article 32 Preliminary Hearing required
• Government represented by senior trial counsel
• Defense must address legal and political pressure simultaneously
Maximum Punishment
• Dishonorable discharge or officer dismissal
• Total forfeiture of all pay and allowances
• Confinement up to life without parole
• Death (in capital cases only)
• Unlimited fines
Joseph L. Jordan approaches GCMs with complete pretrial preparation: forensic expert selection, aggressive Article 32 challenges, and motion litigation aimed at charge reduction or dismissal before trial.
Before the Trial: How Court-Martial Proceedings Formally Begin
The court-martial process does not begin with a trial. It begins with a law enforcement investigation followed by a command-level legal decision. Once military investigators submit their findings, the service member’s chain of command consults with the local JAG office to determine how to proceed. Not every case leads to a court-martial. Commanders may choose Article 15 punishment, administrative discharge, or other adverse actions depending on the evidence and severity of the alleged misconduct. If a court-martial is considered appropriate, the commander formally prefers charges by signing a sworn document stating that the allegations are believed to be true. From that moment, the service member becomes the accused. The charges are sent to a senior officer known as the Convening Authority, who appoints a trial panel and refers the charges to court. Panel members may come from within the command or, with approval, from outside. A military judge is assigned, and a trial date is selected based on scheduling availability. The accused must receive at least three days' notice before trial, although additional preparation time is common. This pretrial phase determines how quickly the case moves forward and whether early legal intervention can influence the forum or charges.
The Article 32 Hearing: Your First Opportunity to Fight the Charges
No General Court-Martial can proceed without first going through an Article 32 preliminary hearing. This is not just a procedural formality. It is your first and most critical opportunity to challenge the government's case, test the strength of the allegations, and influence the outcome before formal charges are referred. Although often called a “military grand jury,” the Article 32 hearing is far more interactive and protective of the accused.
Purpose and Structure
The hearing is conducted by an impartial Preliminary Hearing Officer (PHO) appointed by the Convening Authority. The PHO’s job is to evaluate:
• Whether an offense occurred
• Whether the accused likely committed it
• Whether the charges are legally sufficient
• What level of disposition is appropriate
The PHO submits a written report with recommendations to the Convening Authority. That officer may dismiss the case, modify the charges, or refer the matter to a different court-martial level. Although not bound by the PHO's recommendation, the Convening Authority often relies heavily on its findings.
Your Rights at an Article 32 Hearing
• Be informed of the charges under investigation
• Be informed of the identity of your accuser
• Be present for all evidence and witness testimony, with limited exceptions
• Be represented by military or civilian defense counsel
• Be informed of the right to remain silent and avoid self-incrimination
• Cross-examine witnesses presented by the government
• Present defense witnesses and supporting documents
• Submit evidence in extenuation and mitigation
• Make a sworn or unsworn statement
• Raise legal motions to challenge procedural violations
Strategic Impact
Joseph L. Jordan treats every Article 32 hearing as a live battlefield for trial strategy. This is where weaknesses in the prosecution’s case can be exposed, where expert testimony may be contested, and where the direction of the case may shift. In multiple hearings, Mr. Jordan has secured dismissals, reduced charges, or forum downgrades from GCM to SPCM by leveraging targeted cross-examination and documentary rebuttal.
The decisions made at this stage influence everything that follows. This is not a checkpoint. It is a turning point.
Trial Process Overview: From Charges to Verdict
A court-martial trial follows a precise sequence that shapes both the verdict and sentencing outcome. It begins with forum selection; the accused may choose trial by judge alone or by panel, and enlisted members may request one-third enlisted representation. Joseph L. Jordan uses voir dire to assess bias, remove unsuitable members through peremptory or for-cause challenges, and assemble a favorable panel. Pretrial motions include suppression of unlawfully obtained evidence, discovery violations, and unlawful command influence. Following plea entry, the case proceeds to opening statements, government case-in-chief, and defense response. The defense may present witnesses or remain silent. Rebuttal phases follow, after which the judge issues instructions and the panel deliberates. Only three fourths agreement is required for conviction. Sentencing begins immediately if found guilty.
Jordan prepares each client through mock testimony, cross examination rehearsals, and full document discovery. Timeline clarity, procedural readiness, and panel dynamics determine control. Trial is not just a presentation of facts. It is a contest of framing, persuasion, and procedural dominance. Each decision, whether to speak, object, or remain silent, carries strategic consequence.
Sentencing and Mitigation: What Comes After the Verdict
Once a court-martial conviction is reached, the case immediately transitions into sentencing. This stage determines the long-term impact on rank, benefits, and post service opportunities. Trial Counsel presents aggravating factors such as prior misconduct, unit disruption, or classified breaches. The defense counters with mitigation and extenuation including PTSD diagnoses, command character declarations, service awards, or family impact.
Joseph L. Jordan prepares each case with a custom mitigation packet, integrating official evaluations, psychological reports, and legal arguments for leniency. The accused may deliver an unsworn statement, either emotional or factual, without risk of cross examination. Discharges vary; a Bad Conduct Discharge (BCD) may preserve some benefits, while a Dishonorable Discharge (DD) leads to full separation and VA ineligibility.
After sentencing, post trial options such as clemency requests, convening authority review, and appellate referral become critical. Jordan navigates this phase to reduce confinement, avoid punitive discharge, or secure upgrade paths. Every sentencing outcome can be shaped. Mitigation is not a formality. It is the final defense, and when built properly, it defines whether a sentence destroys or merely disciplines.
Strategic Defense Backed by Real Trial Experience
Joseph L. Jordan is not an outsider. He’s lived this system from inside a uniform, from behind a JAG desk, and from the well of the courtroom. Every case is prepared, briefed, and tried by him personally. No junior associates. No handoffs. Just a lawyer who knows how the military prosecutes its own and how to push back.
Call today for a confidential consultation.
Your service doesn’t end here. Your defense is just beginning.
📞 (888)702-8671 | 🌐 jordanucmjlaw.com
Court-Martial FAQ: Your Legal Rights and Strategic Decisions
⚠️ Immediate Action
1. What should I do immediately after being accused under the UCMJ?
Remain silent. Do not speak to your command or any investigator. Contact experienced military defense counsel before responding to any request or document.
2. Should I accept Article 15 or demand a court-martial?
Accepting Article 15 avoids a federal conviction but limits your defense rights. Demanding trial offers stronger protections but may escalate risk. Consult a defense attorney first.
⚖️ Forum and Hearing Strategy
3. Should I refuse a Summary Court-Martial and request a higher forum?
Yes, in many cases. SCMs restrict counsel access and still create a criminal record. Requesting SPCM or GCM allows fuller defense and procedural safeguards.
4. Can I choose trial by judge instead of panel?
Yes. Judge-alone trials often focus on legal analysis, while panel trials involve command-selected members. Your attorney can advise based on case dynamics.
5. Does forum choice influence trial outcome?
Often. Judges may favor case law and objectivity. Panels vary based on member background, emotion, and unit culture. Selection must be deliberate.
6. What happens at an Article 32 preliminary hearing?
It is your first chance to test the government’s case before a GCM. You may cross-examine, submit evidence, and contest charges before formal referral.
7. Can I waive the Article 32 hearing?
Yes, but it removes your ability to challenge evidence early. Waiver should only occur with clear legal advantage. Otherwise, it weakens defense leverage.
8. Who appoints the Preliminary Hearing Officer and can I object?
The Convening Authority assigns the officer. Your attorney may challenge them for bias or procedural errors through written motion.
🔍 Trial Phase and Evidence Rights
9. What are my rights during a court-martial trial?
You may remain silent, confront witnesses, present evidence, file legal motions, and elect forum. These rights are only useful if actively asserted.
10. Can I suppress evidence obtained from my phone or barracks?
Yes. Improper searches or lack of command authorization can lead to suppression. Digital chain-of-custody violations are also grounds to exclude evidence.
11. What happens if the prosecution withholds discovery?
Your defense may request sanctions, delay trial, or exclude evidence. Repeated discovery violations may result in dismissal or appealable error.
📄 Sentencing, Discharge, and Appeals
12. What are the differences between a BCD and a DD?
A Bad-Conduct Discharge (BCD) is issued for serious misconduct but may retain limited benefits. A Dishonorable Discharge (DD) carries full federal separation and loss of benefits.
13. What mitigation can I present at sentencing?
Service awards, mental health records, family statements, and command character references. Jordan custom-builds mitigation packets to reduce sentence exposure.
14. Can I make a statement at sentencing?
Yes. You may provide a sworn or unsworn statement without risk of cross-examination. This is your final chance to influence the panel’s view.
15. Can I appeal a court-martial conviction or sentence?
Yes. GCM and most SPCM outcomes qualify for appellate review. Your attorney may request clemency, file appeals, or challenge legal error through military courts.