If you are a member of the military and are facing criminal charges, it is important that you understand all of your options, including the pretrial agreement. An experienced military defense lawyer can help guide you throughout the process and will let you know if a pre-trial agreement is right for you.
What is a pretrial agreement?
A pretrial agreement or PTA, happens when the accused and the convening authority come to an agreement of some sort pertaining to the accused’s case. This often involves the accused agreeing to plead guilty in exchange for the convening authority limiting the sentence that the service member can receive and or limiting the type of discharge that can be adjudged.
How does a pretrial agreement work?
After the accused submits a guilty plea, the military judge will go over the defendant’s proposed sentence and will make sure that he or she understands it during what is called a providence inquiry. Once the judge accepts the plea, the trial will continue without the panel or military judge knowing the sentence limitations that were arranged in the PTA. This gives you the benefit of receiving whichever sentence is less, whether that be the sentence in the PTA, or the one given to you at trial.
How We Can Help
If you decide to enter into a PTA, working with an experienced attorney is vital. Your defense counsel can submit the written offer for you, listing all conditions, terms and promises. Garrison Wood specializes in military defense law and know how to work through pretrial agreements so that you can walk away with the best outcome possible for your case. To learn more about your options, give us a call today.
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