There are different types of rules for appealing military court conviction and it’s depend on which type of court martial you had from your senior officials. In your case, if you are convicted by general court-martial, it’ll get automatically noticed and reviewed by the officer who referred you for court-martial. That person (convening authority) has all the right to mitigate the sentence. By which he/she can minimize the charge you were convicted of and reduce your sentence. The convening authority can also dismiss the charges, but he/she can’t increase the sentence imposed.
If the convening authority reviews the report and the result won’t make you satisfied, you can appeal to the military court of your service branch.
Right to an Attorney
You have the right to an attorney during your court-martial case. Either you can get help from the military defense attorney or you can hire an attorney from your personal contacts. If you need any suggestion to hire a civilian attorney to represent you at the court, you can contact the Law Office of Jocelyn C. Stewart to consult with the best lawyers who can track-down your case properly and guide you to the right direction in the court. Those lawyers are very much experienced to tell you what to do and they can also help you to make all the needful paper works to save you from your case.
Military Courts of Appeals
There are four types of military courts of appeals in a special court-martial and general court-martial case. For all of these appeals, you can hire your personal attorney to get the best possible result for the military judges.
- Army Court of Criminal Appeals
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal Appeals
- Coast Guard Court of Criminal Appeals
If your sentence is all about bad conduct discharge, dishonorable discharge, confinement for one year or death, then your case will be reviewed by a military court of appeal. For other sentences, it has discretion about whether to hear it or not.
Review Process of Military Courts of Appeals
The court mainly looks for the legal errors and mistakes in deciding the fact which is a cause of your court-martial. The court can evaluate the punishment level and they can also change your sentence. But they cannot make it extended and more severe.
The court will review all the evidences and facts properly which are presented to make sure about your guilty. If you pled guilty, you’ll be discharged with some punishment which will also be evaluated to make sure of your guilty.
If your appeal to the military appeals court is not successful, then you can also appeal to the Court of Appeals for the Armed Forces to have proper justice.
In between the period of the appellate process, you have the right to petition the convening authority against the person who brought that charges against you. Through this process, a part of your sentence can be suspended successfully.