Getting arrested while in the military differs in several ways from being arrested when you’re a civilian. Legally, a crime is a crime, but the consequences and arrest and court processes could be different.
The underlying reason for many of these differences is because members of the military are expected to be held to a higher standard.
Getting Arrested While in the Military: How it Differs
The definitions of crimes may be the same, but getting arrested while in the military is different in some ways.
Consult your attorney for specifics, but one example is a little leniency in case you are unable to appear in court. This could occur if you are in another country.
After getting arrested while in the military, it’s possible that you will be demoted to a lower rank if you are convicted. You also could be thrown out of the military altogether for more serious crimes.
Most notably, the arrest and trial process may be completely different than it would be if you were a civilian. In fact, members of the military could face additional laws that do not pertain to civilians.
By dictionary definition, “a court martial is a trial in a military court of a member of the armed forces who is charged with breaking a military law.”
According to Military.com, the Uniform Code of Military Justice provides for three different types of courts-martial: summary, special, and general.
Court-martial convictions may be appealed to the United States Court of Appeals for the Armed Forces, a federal appellate court consisting of five civilian judges appointed by the President of the United States.
The offenses covered by the UCMJ include perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, conduct unbecoming, and refusal to obey a lawful order.
It also includes ordinary crimes; for military members, however, trial rules and procedures, as well as judgments and sentences, could be different.
How a Prior Arrest can Affect You
If you are considering enlisting in the military, having a past criminal history could be a mark against you.
Some types of crimes could disqualify you from becoming a member of the military. Other situations may be considered on a case-by-case basis. (By the way, credit history could be considered as well.)
Contact Detroit Bail Bonds for More Information
Considering that getting arrested while in the military can mean an entirely different court system depending on the situation, you will need one-on-one guidance. In addition to talking with your lawyer, contact Detroit Bail Bonds for more information about the process.
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