Military Plea Deals

Should I Take a Plea Deal?

One of the most frequent questions I hear in my practice relates to the tough decision to accept the military version of a plea deal (pre-trial agreement). This question can only be answered honestly after thoroughly reviewing a case's facts and the unique circumstances of a client’s situation. Based on over 15 years of experience in over 100 courts-martial, we have learned some common questions that the service member should address before any military member decides to accept a pre-trial agreement.

Do I believe my attorney has thoroughly and carefully evaluated my case and given me the best legal advice?

Ensure to ask any questions about possible defenses and ways to mitigate the charges against you. Your military defense counsel may outrank you, but you still have the right to a passionate and aggressive defense. When your future is on the line, you need to ask the tough questions you must ask. If you don’t like the answers, consider speaking with an experienced civilian court-martial attorney.

Do I fully understand all of the consequences of pleading guilty?

Military convictions are reported to the National Criminal Information Center (NCIC). These convictions will show up on a background check. If you plead guilty, you must understand that the sentence will likely never go away, and depending on the offenses, you may be considered a felon. As a felon, you lose the right to vote and the right to own and carry weapons. You must also disclose your criminal history when applying for almost any job.

For Article 12 cases and any other case involving alleged sexual misconduct, will I have to register as a sex offender?

It would be best if you had your attorney give you a definitive answer to this question before entering any plea agreement—sex offender registration results in significant life-altering consequences. Consequently, you will be subject to monitoring and scrutiny for the rest of your life.

Do I fully understand the risk-reward analysis in my case?

This involves a detailed and careful analysis of your case.  An attorney with the experience necessary to give you a realistic range of potential outcomes should conduct the study. You should consider your options if your appointed military defense counsel cannot do that. You may need to hire an experienced civilian attorney focusing on their military defense practice.

Has my attorney talked to witnesses and thoroughly investigated my case?

Your defense attorney should conduct an independent investigation before encouraging any client to take a pre-trial agreement.  As a result, they should be able to explain the strengths and weaknesses of the government’s case. They should be able to tell what witnesses can be impeached through cross-examination or contradicted by other evidence. You may need a different attorney if your appointed military attorney cannot answer these questions.

Are there motions that an attorney can file to have the case or at least some charges dismissed?

Every military member has a constitutional right to a fair trial and due process. You have the right to all the protections of the Constitution. You swore an oath to support and defend the Constitution. The least the military justice system can do is protect your rights. However, those rights are often upheld through filing motions to dismiss your case based on unlawful command influence or violations of your right to remain silent and consult with an attorney under Article 31 of the Uniform Code of Military Justice. Ensure that you understand your rights and ensure your attorney has researched all potential motions in your case before you enter an agreement to plead guilty.

Should I give up my right to a trial by jury and be tried by a military judge alone?

Over the past few years, we have seen a trend of service members being advised to plead guilty and waive their right to have a military court-martial panel decide their case. This decision is crucial. Consequently, while judges are often more predictable in the punishments they hand down, they are generally harsher than the sentences that a court-martial panel will adjudge. Ensure you understand your attorney’s reasoning and strategy for this decision before giving up any of your necessary rights.

Experience Matters

Having tried court-martial cases for over fifteen years, we have learned that military members should ask all these questions before accepting a pre-trial agreement. Choosing whether or not you should plead guilty is a crucial decision.  Additionally, it will impact you for the rest of your life. If you have questions or concerns about your case, consider consulting with a member of our team of experienced military defense attorneys. The attorneys of Crisp and Associates Military Law are worldwide leaders in military justice and court-martial defense. Our attorneys include former military judge advocates, law enforcement officers, and others.  They have also served in the Army, Navy, and Air Force or worked closely with the other Uniformed Services. Our attorneys have handled every military law matter, from simple non-judicial counseling to defending Soldiers in a complicated court-martial. They have been on both sides of the aisle: prosecution and defense. We have handled matters from Seaman Recruit to general and flag officers. They have served at every level of the chain of command, from a platoon, ship, and squadron to the Office of the Secretary of Defense. If you face adverse action, Non-Judicial Punishment, or court-martial, call Crisp and Associates, LLC, for a free consultation.