What Is a Court-Martial?
A court-martial is similar to civilian court proceedings. In both situations, the accused must go before a court to plead their case and await a possible trial. A court-martial serves the same purpose but is designated for military members and has special rules from the Uniform Code of Military Justice (UCMJ) that must be followed over state and federal rules. A civilian attorney is allowed to represent you at a court-martial. Having an attorney savvy in military intricacies will be a great advantage.
Types of Courts-Martial: What You Need to Know
There are three different types of courts-martial:
- Summary Court-Martial: Understanding the Basics The lowest level and quickest form of court-martial, the SCM is similar to a trial by judge, where an officer acts as each a judge, a prosecutor, and a defense counsel. The accused service member also has fewer rights over higher court-martials due to the limitations of the SCM.
- Special Court-Martial: Navigating Intermediate-Level Military Trials The intermediate level of court-martial, the SPCM is similar to a civilian misdemeanor court case. In an SPCM, accused service members are judged by a jury of three officers. The maximum allowable punishment in such courts is a reduction in pay grade, forfeiture of pay, a year of confinement, fines, or a bad conduct discharge.
- General Court-Martial: Preparing for Serious Felony-Level Offenses This is the most serious form of court-martial for felony-level offenses. Up to five officers will determine the outcome of your charges and the penalties may result in confinement up to life, a dishonorable discharge, forfeiture of pay and allowances, and other punishments depending on the circumstances.
At John Malek Law Group, we firmly believe that service members must contact a skilled attorney who will independently investigate their case and defend them against the evidence brought forward in a trial. Clients should be aware of their legal rights and options and deserve a competent advocate who will properly present their account of events.
Why Choose John Malek Law Group for Your Court-Martial Defense
You risk your life to protect the citizens of this country against all threats, foreign and domestic. So it’s only fitting that you receive the same effort when protecting your future. Our attorney, John Malek, has two decades of experience serving in the armed forces, giving him the ability to relate to service members and an inside understanding of the military environment.
At John Malek Law Group, we understand the serious implications a negative court-martial outcome can bring, protect your reputation and achieve the best resolution possible and we will do whatever it takes to protect your career and reputation and achieve the best possible resolution for your case; even if it means duking it out in trial. John Malek Law Group has the skill, insight, and determination to protect your freedom and career. You fight for our country; now let us fight for you.
Why Choose Us?
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Hundreds of Defense Cases Handled
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Setting Clear, Realistic Expectations
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Personal Care Dedicated to Defending Servicemembers
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Former Active Duty JAG Lawyer
Hear From Our Happy Clients
At John Malek Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"John has the convictions of a battleship and will go to war against injustice anytime, anywhere."Having known John personally and professionally for 10+ years, I cannot recommend a more caring, knowledgeable, determined, and driven attorney. John has the convictions of a battleship and will go to war against injustice anytime, anywhere.- RK
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"Would recommend to anyone I care about."John is a dedicated father and diligent attorney. He's passionate about the law and I'm confident he'd get the best possible outcome when possible. Would recommend to anyone I care about.- Kevin S.
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"10/10 recommend"John Malek Law Group has by far been the most professional and respectful law firm I have ever talked to and worked with. Hands down I won’t use anyone else but them. 10/10 recommend- Carol B.
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"John Malek is an experienced professional, his knowledge shines through."As another legal professional I believe how opposing treats support staff is always a true indicator of who they are. I have always been treated with dignity, respect and kindness from Mr.Malek even being on the opposing side.- Paula P.
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"I've been Impressed with John! Highly recommend!"His attention to detail and commitment to serving his clients are unmatched. As a former member of the military, he brings a unique perspective and discipline to his practice.- David D.
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"He is a good man and I am confident in his work."John Malek has many years of legal experience. In the years I've known him, I've seen his passion for what's right, his enduring loyalty to the people he represents, his strong attention to detail, his clear headedness in tough situations, his continuing commitment to his work, and his optimism throughout it all. He is a good man and I am confident in his work.- Mandy H.