Preferral of charges is the first formal step in the military court-martial process. It happens when a commanding officer, or sometimes another service member subject to the UCMJ, presents charges against someone suspected of violating military law. Before this stage, cases are typically under investigation, and service members have limited rights. Preferral sets in motion several protections, including the right to legal counsel and notification of the specific charges.
The Investigation Leading to Preferral
Before charges are preferred, an investigation looks into the alleged misconduct. This may be conducted by a command investigator or a military investigative body like NCIS, OSI, or Army CID. The results of the investigation are given to the commanding officer, who decides whether to formally prefer charges. In cases involving sexual assault or sensitive offenses, additional rules govern how commanders and JAG officers review the evidence.
What Happens During Preferral of Charges
When the commanding officer decides to proceed, they draft a charge sheet. This document lists the alleged offenses and the applicable UCMJ articles. The accused is then given a notification of preferral of charges, which informs them of the charges and their right to counsel. Service members can choose civilian counsel or request military counsel from the JAG. Military counsel is provided free of charge and advises on legal options during the proceedings.
Preferral does not automatically mean a court-martial will occur. The convening authority can handle the allegations administratively, offer non-judicial punishment, or order an Article 32 pretrial investigation if the case may proceed to a general court-martial. Summary or special court-martial options may also be considered depending on the offense.
Referral of Charges and Court-Martial
Referral happens when the convening authority officially sends the charges to a military court. This step starts the court-martial process. If the case goes to a special or general court-martial, a military judge is appointed to oversee the trial. The convening authority can still dismiss charges or offer a plea bargain at this stage. Legal counsel is critical during referral because decisions here can affect the outcome of the case, a service member’s career, and future opportunities.
Protecting Your Rights and Career
Facing preferral of charges can be stressful. The process involves formal documentation, potential hearings, and serious consequences if the charges proceed. An experienced military defense lawyer can review the facts, challenge evidence, and provide guidance through investigations, Article 32 hearings, and court-martial proceedings. Early legal involvement increases the chances of favorable outcomes and helps protect a service member’s career, benefits, and future.
If you are facing preferral of charges, contact our military defense attorney today at (360) 908-2203 to discuss your case and protect your rights. Acting quickly can make a significant difference in how your situation is handled.