General Court-Martial Lawyer in Hawaii

Hawaii Military Criminal Defense Attorney

A General Court-Martial (GCM) is the highest criminal forum under the Uniform Code of Military Justice. It is intended for the most serious crimes punishable in military courts.  A GCM conviction is equivalent in most ways to a federal felony conviction.  However, servicemembers will sometimes find themselves facing a GCM for relatively minor charges.  The maximum punishment that can be imposed at a GCM varies depending on the crimes being charged.  In the most serious cases punishment can include life in prison or even death.  Other potential sentences in a GCM include confinement at a military prison for a period measured in years not months, total forfeitures of all pay and allowances, reduction to the lowest enlisted rank (for enlisted members only), fines, and a punitive discharge (bad conduct discharge or dishonorable discharge).
Before bringing a servicemember to a GCM, the command must convene a hearing under Article 32, UCMJ.  At this hearing, a neutral investigating officer, usually a JAG, will examine the case to make a recommendation as to whether to send the case to a GCM.  Alternatively, the investigating officer may recommend that the charges be brought before a Special Court-Martial (SpCM), or that they be dismissed altogether. This recommendation is delivered to the Convening Authority, usually an O-6 or higher, who makes the final decision on case disposition.   It should be noted that the commander is not required to follow the investigating officer's recommendation and can convene a GCM notwithstanding a recommendation against GCM. 

Facing charges in a GCM is a frightening experience. Military members brought before a GCM run the risk of losing far more than their careers.  Their very freedom is at stake! A bad conduct or dishonorable discharge can have devastating consequences on their future educational and occupational prospects, to say nothing of that fact that they will now carry a federal conviction on their record for the rest of their lives.  Further, if the charge is for a sex crime, it could carry a permanent brand as a sex offender. For all of these reasons, you should not go through this process without an experienced and aggressive  criminal defense attorney in your corner.

If you feel that you might be facing charges at a GCM, contact our firm.  If you already have a JAG defense attorney assigned to your case, you can still hire a civilian defense attorney and the free military lawyer remains on your case.  What this means essentially is that you have two attorneys to fight for you for the price of one.  The stakes in a GCM are enormously high.  You deserve an aggressive criminal defense attorney with prior experience and knowhow.  You deserve a person who will use their experience to fight for you.