San Diego Court Martial Appeals Attorney
Do not lose hope if you have been convicted of an offense in military court. It may seem like you are out of options and that your military career is over. However, you have the right to appeal your conviction. If you have been convicted of an infraction punishable by dishonorable discharge, confinement, or death your right to an appeal is automatic. You can increase your chances of a successful appeal by hiring a civilian military attorney to handle your case. Contact our San Diego office today for a free consultation.
Experienced Civilian Court Martial Appeals Attorney
You have the right to appeal your court-martial conviction. The process for this appeal can be complicated and overwhelming. It is important to hire an attorney who has experience and in-depth knowledge of the court-martial appeals process. Our San Diego civilian military law attorneys have more than 18 years of experience handling court-martial appeals. We understand what is at stake when you are facing a court-martial conviction. We will fight to overturn your conviction and reinstate your good name. Our attorneys utilize a thorough investigative process to help uncover any information, evidence, or testimony that may be helpful to your appeal. Contact our office today to schedule a free consultation.
Power of the Court Martial Appellate Process
The military Court of Criminal Appeals is unique. This is because it can consider both fact and law when it reviews a criminal case. Civilian criminal appellate courts only have the power to consider law when they review a case. The power to review both fact and law means that you have a greater chance of achieving a successful outcome when you appeal your court-martial conviction. The Court of Criminal Appeals will review any court-martial conviction that results in:
- Dismissal of a commissioned officer;
- Dishonorable or bad-conduct discharge;
- Confinement of one year or more; and/or
- Death of a servicemember.
Other court-martial convictions can be referred for review by the Court of Criminal Appeals. The Court will consider any evidence, information, and testimony that may be relevant to your case. The Court has the power to overturn a conviction or alter your sentence.
Getting Your Court Martial Conviction Overturned on Military Appeal
There are a variety of reasons why the Court of Criminal Appeals may decide to overturn or alter your court-martial conviction. As your civilian military attorney, it will be our job to argue any possible issue that could result in a positive outcome. Courts may decide to overturn or alter your conviction for issues including:
- A criminal sentence that is disproportionate to the crime;
- Insufficient evidence to convict you of the crime;
- Abuse of discretion;
- Error committed by the military judge;
- Unreasonable charges filed against you;
- Brady violations; and
- Violation of court-martial proceeding rules.
Our civilian-military attorneys will conduct a thorough investigation to support your appeal. This investigation may include:
- Reviewing court transcripts and records;
- Reviewing the specific procedures that led to your conviction;
- Analyzing how the law was applied to the facts of your case;
- Searching for additional evidence and information that could be used to your advantage;
- Re-interviewing witnesses; and
- Consulting with expert witnesses who may be able to offer additional insight into your case.
We will use this information to create a compelling and persuasive case. This case will highlight the reason(s) why the Court of Criminal Appeals should overturn or alter your court-martial conviction.
Hiring a Civilian Military Appeals Attorney
You have the right to be represented by a civilian military defense attorney during the appeals process. If you have been convicted of a military offense do not hesitate to contact our office. We understand what is at stake and will use our in-depth knowledge of military law and procedure to fight your court-martial conviction on appeal. The decisions you make today will affect your future. Do not hesitate to call us to schedule a free consultation.