Military Justice and Courts-Martial Defense
Representing service members at every stage of the military justice process, from investigation through courts-martial, post-trial review, and federal appellate litigation.
Is This Your Situation?
Service members and veterans come to Maher Legal at different stages of the military justice process. You may be in the right place if:
How We Approach Military Justice Matters
The attorneys at Maher Legal have represented service members at courts-martial and in post-conviction proceedings for decades. That experience includes time on both sides of the courtroom, as military prosecutors and as defense counsel, under the Uniform Code of Military Justice. We understand how the government builds its cases, what the investigative process looks like from the inside, and where the most important opportunities for defense arise.
Military justice proceedings are not civilian criminal cases. The rules of evidence, the structure of the court, the role of the convening authority, and the appellate process all operate differently from what most attorneys encounter in civilian practice. Effective defense requires familiarity with that system from direct experience, not legal training in general.
We have represented combat arms soldiers, including members of the 75th Ranger Regiment and other elite units, in cases arising from operational circumstances in combat environments. These cases require a particular understanding of the rules of engagement, the chain of command, and the realities of military operations, context that shapes every aspect of how a case is investigated, charged, and tried.
When a matter requires it, the firm works with investigators, psychologists and psychiatrists, polygraph examiners, accident reconstruction experts, forensic accountants, and digital evidence specialists. In complex matters, we coordinate these contributions into a unified defense posture rather than treating each element in isolation.
What the Process Looks Like
Investigation
Early engagement with counsel, before any formal charges are preferred, is one of the most consequential decisions a service member can make. The investigation phase is when evidence is gathered, witnesses are interviewed, and the government’s theory of the case takes shape. It is also when defense counsel can have the most influence over how a case develops.
Preferral and Referral of Charges
Charges are preferred by a commanding officer and referred to court-martial by the convening authority after an Article 32 preliminary hearing. The type of court-martial, whether summary, special, or general, determines the procedures that apply, the maximum sentence that can be imposed, and the rights available to the accused. Counsel at this stage advises on how to approach the Article 32 hearing, what evidence to present, and whether to pursue pretrial negotiations.
Trial
A general court-martial operates under the Military Rules of Evidence and the procedures of the UCMJ. The accused may choose to be tried by a military judge alone or by a panel of officers. Defense strategy depends heavily on the specific facts and charges involved, the composition of the panel, and the nature of the government’s evidence.
Post-Trial
After trial, the convening authority reviews the case and has the authority to take favorable action in appropriate circumstances. Counsel at this stage submits a formal presentation making the case for favorable action based on the facts, the service member’s record, and any errors that occurred at trial.
Appeals
Military convictions are reviewed first by the Court of Criminal Appeals for the relevant branch of service, then by the Court of Appeals for the Armed Forces, and may ultimately be reviewed by the United States Supreme Court. Appellate counsel reviews the entire record of trial, identifies legal errors, researches the applicable law, and presents the case in written briefs and, where granted, oral argument.
Federal Habeas Corpus
If military appeals are exhausted without a satisfactory result, a service member may seek review in federal civilian court through a petition for habeas corpus. This avenue challenges the trial, conviction, or sentence in Article III courts and may ultimately reach the United States Supreme Court. Maher Legal has litigated federal habeas corpus matters arising from military convictions, including Lorance v. Commandant in the Tenth Circuit Court of Appeals, resulting in a published decision addressing whether acceptance of a presidential pardon constitutes an admission of guilt.
Representative Matters
Maher Legal has represented service members in some of the most consequential military justice matters of the past decade, including two successful presidential pardon proceedings.
United States Army First Lieutenant Clint Lorance received a full and unconditional presidential pardon after serving years at the United States Disciplinary Barracks at Fort Leavenworth. Maher Legal played a central role in the legal and advocacy efforts that led to that outcome and subsequently litigated Lorance v. Commandant in the Tenth Circuit, resulting in a published decision that accepting a presidential pardon is not an admission of guilt.
Former United States Marine and Blackwater Security Specialist Dustin Heard, callsign Raven 23, received a presidential pardon after years of wrongful imprisonment. Maher Legal represented him through the legal proceedings and advocacy that led to that outcome.
The firm’s military justice work has also intersected with the documentary project Leavenworth, which examined the legal and institutional environment surrounding the United States Disciplinary Barracks at Fort Leavenworth and the experiences of the service members incarcerated there.
Speak With Us About Your Situation
If you or a family member are facing investigation or charges under the Uniform Code of Military Justice, or are pursuing an appeal of a military conviction, we welcome the opportunity to speak with you. An initial consultation is a conversation about your situation and your options, with no obligation to proceed.
You can also reach us by phone at (708) 468-8155.