When dealing with a court martial it is always best to know exactly what your rights are and what you can and cannot do. The help of a great attorney can make a big difference in the outcome of your court martial and any punishment that might be doled out. You may want to consider a civilian court-martial lawyer for your defense for a few reasons.
What is a Court Martial?
So, what is a court martial? A court martial is a military proceeding that is similar to a court trial in a normal courtroom. The biggest difference is that the proceeding is overseen by the military rather than by a normal court of law, it is to keep the person that is part of the military within the fold and to punish or absolve them based on the laws that are part of the military.
This is a proceeding that is fully exclusive to the military and that keeps the person being tried from ever entering the normal criminal justice system. This means that the military has the ability to fully try, charge and punish the person that is on trial, and they do not have to involve a normal court of law.
There are different types of court martial that are varying depending on the rank of the person that is being tried, what they did, and any seniority or special considerations that might be in place. You are entitled to some rights and having a good attorney on your side can help you fight for you rights and get a desired outcome.
What Rights Do You Have in a Court Martial?
The person that is on trial during a court martial is entitled to certain things that might help their defense. First and foremost, you are entitled to cross examine the witnesses that the prosecution has provided. This means that your attorney has the right to ask their own questions and to figure out how credible these witnesses are and try to use their testimony to your benefit.
You also have the right to call your own witnesses. This means that if the prosecution has not called all the people that saw the event and you feel that you have a witness that would help your case, you have the right to call them to the stand to testify on your behalf. This also means that the prosecution has the right to cross examine them as well, so it is important to find the right witness and to have the right questions lined out.
Being under court martial you also have the right to produce your own evidence. You do need to remember that any evidence that you have is going to need to be shown to the prosecution and entered into evidence so that it can be counted, and it can be used.
The last thing that you have the right to do is to either testify or to remain silent. You cannot be forced to talk either for or against yourself and you do not have to participate in your own defense. You can stay completely silent, and you can just let your attorney do the work and let them work to prove or disprove your case.
When to Hire a Civilian Attorney
In some cases, it might seem like a good idea to just take the attorney that has been appointed to you by the military rather than trying to get an attorney on your own. That being said, if you feel that you are being pushed around by the military or that your court martial is unjust, it may very well be beneficial to get a civilian attorney that specializes in court martials in order to do the most for your case and to get fair and impartial representation.
A civilian lawyer that is well versed in court martials and that knows what the process is and how to best represent you may be a better choice than a lawyer that has been hired by the military to defend you. It is always a good idea to get an attorney that has your best interests in mind and that is going to work for you to ensure that you are getting the best representation possible.
Your attorney is going to do the most to make sure that you have been given the necessary representation to actually fight a court martial and to get the consideration that you need. With the help of an attorney that does know what they are doing, you can fight back against a court martial, and you may even be able to come out on top of a court martial and get it dismissed. Knowing your rights and knowing that you can hire an outside attorney if you want to rather than having to depend on an appointed attorney can also help to make the case a bit easier to handle and can allow you the time you need to focus
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