Attorneys At Law
58 Public Square, Elizabethtown, KY 42701
If you are the subject of an investigation by military
authorities, or faced with adverse action against you
by the military, you need competent legal
representation to provide you with sound legal advice
and aggressively defend your rights. In conjunction
with any military counsel you may be appointed,
Moulton and Long PLLC will provide you with the
experienced legal representation you need. Your best
line of defense of a Courts-Martial, Board of Inquiry or
an Administrative Separation Action is your lawyer.
You need an attorney who is not afraid to stand up to
senior officers or the judge fight for you.
Some areas where we provide help are:
Trial by summary court-martial provides a simplified procedure for resolution of charges involving minor incidents of misconduct. A summary court-martial consists of one officer who, depending upon Service policies and practice, is a judge advocate. The maximum punishment imposed is considerably less than in a special or general court-martial. The accused must consent to be tried by a summary court-martial.
A special court-martial consists of a military judge, trial counsel, defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. An accused, officer or enlisted, may also request trial by judge alone. Maximum sentence in a special court-martial is limited to six months confinement, forfeiture of two-third’s basic pay per month for six months, a bad-conduct discharge (for enlisted personnel), and certain lesser punishments. An officer accused in a special court-martial cannot be dismissed from the service or confined.
A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. An enlisted accused may request a court composed of at least one-third enlisted personnel. Unless the case is one involving a possible death sentence, an accused may also request trial by judge alone. In a general court-martial, the maximum punishment is that established for each offense under the Manual for Courts-Martial, and may include death (for certain offenses), confinement, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser punishments. A pretrial investigation under Article 32, UCMJ, must be conducted before a case may be referred to a general court-martial, unless waived by the accused.