Legal Question in Military Law in Colorado

Re: Need to know about an attorney

I am a retired Navy-Marine Corps Military Judge who has presided over hundreds of court-martial cases. I am now in private practive to help individual servicemembers.

From what little you described, your husband was pleading guilty to one or more of the charges of Conspiracy, Attempting to Commit an Offense, and /or Improper Actions dealing with Captured or Abandoned Property.

Under military law a servicemember need not know what a specific "general order" is to be guilty of violating it. But to plead guilty at trial he must admit under oath at trial he now believes he did violate the order at issue. Otherwise the judge can reject the guilty plea, and void the pretrial agreement (if one exists).

That your husband's military defense lawyer is also a military prosecutor at the same time is very irregular - he may be transitioning from defense to prosecution and wrapping up cases with his "old" clients or vice versa. If not something seems very odd.

As to appeals for "bad" lawyers, that is reffered to as "ineffective assistance of counsel" as a reason for appeal. It is a tough standard to meet in terms of a sucessful appeal, but if granted most often it results in a new trial.

If your husband received a Bad Conduct Discharge appeal to a higher military court in Wash DC is automatic. If no BCD was awarded his appeal is only to a senior military lawyer - usually working for the Commanding General in the region/command. An administrative seperation board may also be held to try and "kick him out" with an other than honorable discharge after his brig time.

You may contact my office in San Diego at (619) 238-6000 if you wish to discuss other options or remedies your husband may have in more detail.