Worldwide Court Martial Attorney: Strategic Defense for U.S. Service Members

To be accused of a crime under the Uniform Code of Military Justice (UCMJ) is unlike any civilian prosecution. The military’s criminal justice system is shaped by command authority, operational pressure, and institutional momentum. None of these favor the accused. Joseph L. Jordan understands this from the inside. As a former Army JAG officer, he served in active-duty courtrooms advising commanders, trying cases, and defending service members at installations across the U.S., Europe, and Asia. His practice is entirely focused on military criminal defense. Whether you’re facing a general court-martial or nonjudicial punishment, Mr. Jordan brings firsthand litigation experience, strategic clarity, and global reach to your defense.

Why military service members choose Joseph L. Jordan:

Former active-duty JAG officer and prior enlisted Soldier
Personally tried cases as both prosecutor and defense counsel
Global military defense: Germany, Korea, Fort Hood, Okinawa, San Diego
Handles all branches: Army, Navy, Marine Corps, Air Force, Coast Guard
Every case personally managed with no junior handoffs or outside staff

Court-martial charges can change the course of your career, family life, benefits, and freedom. The sooner you prepare, the more control you gain.

What Types of Offenses Lead to a Court-Martial?

Military charges often resemble civilian crimes but are tried under very different standards, procedures, and expectations. The same act that might result in probation in state court could end with confinement and a dishonorable discharge in a military courtroom. Joseph L. Jordan has defended nearly every type of offense, including felony-level accusations.

Most common court-martial charges include:

Sexual assault and Article 120 allegations
Assault and attempted murder
BAH, OHA, or government travel fraud
Possession or distribution of child pornography
AWOL, desertion, failure to report
Drug use under Article 112a
Conduct unbecoming and disrespect to superiors
Wrongful use of government computers or communication systems

Each charge requires a custom-built defense, not a copy-paste strategy. Mr. Jordan’s approach is shaped by direct trial experience, not general criminal theory.

Summary Court-Martial: Low-Level Forum, Long-Term Consequences

A Summary Court-Martial (SCM) may appear informal, but its impact can follow you permanently. This forum is reserved for minor misconduct cases but still creates a federal criminal record. It does not automatically entitle the accused to military counsel. Joseph L. Jordan routinely advises clients on when to refuse SCM and when to challenge command assumptions.

Key details about Summary Court-Martial:

Presided over by one commissioned officer
No right to detailed military counsel, though civilian counsel may appear
The accused may decline trial by SCM
Government has less burden than in SPCM or GCM

Maximum penalties for SCM:

E-5 and above:
- Reduction of one grade
- Forfeiture of two-thirds pay for one month
- Up to 60 days of restriction
E-4 and below:
- Reduction to E-1
- 30 days confinement or 45 days hard labor
- 60 days restriction

SCMs are often used to quickly dispose of misconduct. That doesn’t mean they’re fair or unchallengeable.

Considering Nonjudicial Punishment (Article 15)?
Before a Summary Court-Martial is convened, commanders often explore alternatives like nonjudicial punishment. If you’re weighing the option of accepting Article 15 or demanding trial, it’s critical to understand the long-term impact on your record and rights.
🔗 Read our full breakdown on Article 15 / NJP decisions

Special Court-Martial: “Mid-Level” Forum with Serious Impact

The Special Court-Martial (SPCM) is often misunderstood as less serious than a general court-martial. While it lacks the maximum punishments of a GCM, it is still a full federal criminal trial with a judge, panel, and formal prosecution team. Joseph L. Jordan prepares for SPCMs with the same strategic intensity he brings to higher-level trials.

SPCM procedural details:

Four-member panel or military judge alone
Right to military or civilian defense counsel
Full application of the Military Rules of Evidence
Accused may elect to include enlisted members on panel

Maximum punishments include:

Bad conduct discharge (BCD)
One-year confinement
Reduction to E-1
Forfeiture of two-thirds pay for 12 months
Fines not exceeding total forfeitures

While many commands attempt to push faster resolutions through SPCM, the consequences of missteps are lasting. Mr. Jordan’s motion practice, voir dire tactics, and trial pacing are designed to disrupt that strategy.

General Court-Martial: The Military’s Most Serious Trial Forum

General Courts-Martial (GCM) are the military’s answer to felony-level offenses. These cases often draw media attention, command interest, and full prosecutorial resources. Joseph L. Jordan has handled GCMs involving everything from sexual assault and attempted homicide to espionage, BAH fraud, and classified material mishandling.

General Court-Martial structure:

Eight-member panel or judge alone
Article 32 preliminary hearing required
Government represented by senior trial counsel
Defense must respond to both legal and political pressure

Maximum penalties:

Dishonorable discharge or officer dismissal
Total forfeiture of pay and allowances
Life imprisonment or confinement without parole
Death (for certain capital offenses)
Unlimited monetary fines

At this level, strategy must begin long before the trial date is set. Jordan prepares Article 32 defenses, forensic expert selection, and suppression motions with trial endgame in mind.

The Article 32 Hearing: Crucial Pretrial Opportunity

Before a GCM can proceed, the government must conduct an Article 32 hearing. This phase is often called the military grand jury, but that’s misleading. It’s your best chance to confront the government’s narrative and influence the charges. Joseph L. Jordan treats Article 32 as trial preview, not formality.

At the hearing, the accused may:

Be present and hear witness testimony
Cross-examine investigators and accusers
Submit rebuttal evidence and legal challenges
Present witnesses and documents
Make a sworn or unsworn statement

Preliminary Hearing Officer (PHO) assesses:

Whether an offense occurred
Whether the accused likely committed it
Whether charges are correctly drafted
What level of trial is appropriate

Well-handled Article 32 hearings often result in reduced charges, dismissals, or strategic advantage that carries into trial.

Trial Process Breakdown: What to Expect Step by Step

Understanding the phases of trial helps reduce panic and improve coordination with counsel. Joseph L. Jordan ensures every client is fully briefed on what to expect, from pretrial motions to panel deliberations.

Court-martial trial stages:

Forum election (panel or judge alone)
Pretrial motions: suppression, discovery, unlawful command influence
Plea entry (guilty or not guilty)
Opening statements
Prosecution case-in-chief
Defense presentation or silence
Rebuttal evidence
Panel instructions from judge
Closing arguments
Deliberation and verdict

Conviction requires only three-fourths of the panel to agree. This lowered threshold makes trial preparation, especially panel analysis and evidentiary control, critically important.

Sentencing and Mitigation: When the Trial Isn’t Over

If convicted, the court-martial moves directly into sentencing. This is where strategic presentation of service history, family impact, and rehabilitative potential can influence outcomes. Jordan prepares mitigation packets, arranges command character statements, and presents extenuation evidence to preserve futures.

Sentencing presentation includes:

Government: aggravation evidence such as impact on unit or prior misconduct
Defense: mitigation and extenuation such as awards, PTSD, remorse, and family impact
Accused may make an unsworn statement or testify

Common sentence elements:

Confinement
Rank reduction
Forfeiture of pay
Punitive discharge

Well-prepared mitigation often makes the difference between career-ending and recoverable outcomes.

Your Rights Under the UCMJ: Protect Them Actively

Every service member has rights under military law. But rights only matter if exercised effectively. Joseph L. Jordan doesn’t just recite rights. He weaponizes them in defense.

Key UCMJ rights include:

To remain silent
To be represented by military and/or civilian counsel
To confront and cross-examine witnesses
To elect trial forum
To present evidence and compel witnesses
To obtain discovery from prosecution
To appeal conviction and sentence

Knowing when and how to invoke these rights can shift the entire case. A passive defense waives power. An informed, aggressive defense preserves it.

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) 984-7706 | 🌐 jordanucmjlaw.com

🔍 Comprehensive Military Court-Martial FAQ

📁 1. Pretrial & Investigation Court-Martial FAQ

❓ What is the Uniform Code of Military Justice (UCMJ)?

The foundation of U.S. military criminal law
Applies to all service members in every branch
Establishes offenses, rights, and procedures

❓ What is the Manual for Courts-Martial (MCM)?

Contains rules for courts-martial and military evidence
Provides procedures from charge to post-trial
Regularly updated by the Department of Defense

❓ What happens during an Article 32 hearing?

Required before general court-martial
Accused can attend with counsel
Witnesses may be cross-examined
Hearing officer gives recommendations to convening authority

❓ What is pretrial confinement?

Confinement before trial based on probable cause
Only used when there’s risk of flight or misconduct
Reviewed periodically by a neutral officer

❓ What is the role of the convening authority?

Senior officer who refers charges to court
Selects panel members
Reviews and may modify trial outcomes

❓ How are panel members selected?

Appointed by the convening authority
Must be impartial and rank-eligible
Each side may challenge members for cause or use one peremptory challenge

❓ Can I request a different military defense counsel?

Yes
Request depends on availability and service policy
Original counsel may be reassigned

❓ Can I have both military and civilian defense attorneys?

Yes
Military counsel is free; civilian at personal expense
Both can work the case together if approved

❓ How long does the court-martial process take?

Depends on complexity, motions, and scheduling
May last weeks to several months
Investigation and pretrial delays are common

📁 2. Trial Structure & Forum Options Court-Martial FAQ

❓ What are the types of courts-martial?

Summary Court-Martial (SCM):

Handles minor misconduct
Presided over by one officer
Limited punishment authority

Special Court-Martial (SPCM):

Handles mid-level charges
Judge and at least 3 panel members
Can sentence up to 12 months and impose a bad-conduct discharge

General Court-Martial (GCM):

Reserved for serious offenses
Judge and at least 5 panel members
Maximum punishments include confinement for life or death penalty (rare)

❓ Can I choose between a judge or a panel for my trial?

Yes
You may elect trial by judge alone or by panel
Enlisted accused may request enlisted members on the panel

❓ What is the role of the military judge?

Presides over trial
Rules on legal motions and evidence
Issues instructions to panel
In judge-alone trials, decides guilt and sentence

❓ What is the burden of proof in a court-martial?

Proof beyond a reasonable doubt is required for conviction
Accused is presumed innocent until proven guilty

❓ What rights do I have during a court-martial?

Remain silent
Be represented by counsel
Present evidence and challenge government case
Select trial forum
Cross-examine witnesses
Access discovery
Appeal outcome

❓ What is unlawful command influence?

Any improper influence by commanders over legal proceedings
Can include pressure on witnesses or panel
If proven, may lead to dismissal or mistrial

❓ Can I refuse a summary court-martial?

Yes
You may demand trial by special or general court-martial instead
Command may respond by escalating charges

📁 3. Sentencing & Punishment Court-Martial FAQ

❓ What are the possible punishments from a court-martial?

Confinement
Reduction in rank
Forfeiture of pay and allowances
Bad-conduct or dishonorable discharge
Death (GCM only; rare)

❓ What is non-judicial punishment (Article 15)?

Command-level discipline for minor infractions
Not a criminal conviction
May include extra duty, pay loss, restriction, or demotion
You may refuse and request trial (unless in limited conditions)

❓ What is the difference between a bad-conduct discharge and a dishonorable discharge?

Bad-Conduct Discharge (BCD):

Issued for serious offenses
Imposed by special or general court-martial
Retains some post-service rights depending on VA review

Dishonorable Discharge (DD):

Reserved for the most serious crimes
Only imposed by a general court-martial
Carries significant legal and reputational consequences

📁 4. Post-Trial & Appeals Court-Martial FAQ

❓ What happens if I'm acquitted at a court-martial?

You are cleared of all charges
Administrative actions such as separation may still occur
Acquittal does not guarantee retention or promotion

❓ Can I appeal a court-martial conviction?

Yes
All general and some special court-martial sentences trigger review
Appeals must follow timelines and court rules

❓ What is the appeals process after a court-martial conviction?

Begins with convening authority’s review
Moves to the service Court of Criminal Appeals
May proceed to Court of Appeals for the Armed Forces
Rarely, to the U.S. Supreme Court

❓ Can I be tried in both military and civilian courts for the same offense?

Yes
Dual sovereignty doctrine applies
Double jeopardy does not bar both prosecutions

❓ How does a court-martial affect my eligibility for veterans' benefits?

Bad-conduct or dishonorable discharge may disqualify you
VA conducts its own character-of-service determination

❓ How does a court-martial conviction affect my civilian life?

May result in a federal criminal record
Can affect employment, security clearance, and licensing

📁 5. Military Rights & Legal Strategy Court-Martial FAQ

❓ What rights do I have before and during trial?

Right to silence
Right to appointed or civilian counsel
Right to present evidence
Right to challenge government case
Right to trial by judge or panel
Right to full discovery
Right to mitigation if convicted

❓ Can I confront and cross-examine witnesses?

Yes
You may question all prosecution witnesses
Your attorney may challenge credibility, bias, and motive

❓ Should I testify in my own defense?

You are not required to
Decision should follow mock questioning and strategy review
A prepared testimony can help or hurt depending on the case

❓ What happens after a guilty verdict?

Sentencing begins immediately
Government presents aggravating evidence
Defense presents mitigation, service history, and character
The accused may speak or remain silent