Court Martial Appeals
Being convicted of a crime while in the military can have serious consequences on your future. According to the Uniform Code of Military Justice (UCMJ), you have the right to appeal any adverse court ruling. Be sure to work with an experienced military defense lawyer before beginning the appeal process.
Court Martial Appeals
In the military, you’re automatically entitled to appeal the results of either a special court-martial or general court-martial. The intermediate level appellate court will review those appeals. The judges on that court will review the facts and your record to determine whether they believe there is both a factually and legally sufficient basis for the conviction. They can then overturn your case if they do not believe that the facts and evidence are sufficient to support a conviction beyond a reasonable doubt, or certain legal errors occurred.
The Appeal Process
Once the convening authority has entered a final action on the court-martial, the entire record and packet is transmitted to the appellate courts where they will begin the process of reviewing the record. As a service member, you are entitled to submit an appeal and, if desired, an opportunity for an oral argument by your attorney in front of the appellate court. The government will also submit an appellate brief and respond to any arguments you make. Depending on the case, there may be a re-hearing. However, if the conviction is upheld, the service member will have the right to request review from the Court of Appeals for the Armed Forces (CAAF), which is made up of civilian judges.
How We Can Help
The process of appealing a conviction can be confusing, but with the right attorney on your side, it doesn’t have to be. Garrison Wood specializes in military defense law and has dealt with numerous appeals. We are here to guide you through the process and help you make the best possible decisions for your case. To learn what your options are, give us a call today.
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