Pretrial Agreements A Moral and Ethical Choice for the Accused
When a military member is between the Article 32 phase and the general court-martial, the government will sometimes try to negotiate a pretrial agreement. This pretrial agreement is between you and the government, and is not revealed to the jury during the military member’s general court-martial.
Pre-Trial Agreement
Either the military prosecutors or the military defense attorney can begin a discussion on the possibility of a pretrial agreement. It requires that the military member plead guilty to some or all of the charges in exchange for a limit on the maximum sentence. The pretrial agreement is presented to the convening authority, usually the first general officer in the chain of command in the case of a general court-martial. The convening authority then either accepts or rejects the agreement. If there is a pretrial agreement in place and the military judge or jury determine the sentence and the punishment, and afterwards, the military judge is informed of the pretrial agreement and discusses with the accused how it will affect his or her adjudged sentence.
Ethics of a Guilty Plea
A military member charged with a crime under the UCMJ can ask for a pre-trial agreement if he or she is guilty of the alleged charges. One cannot plead guilty to a charge if one truly is innocent. It is ethically and morally wrong and the UCMJ and Manual for Courts-Martial forbids it. Any military attorney who supports a plea of guilty, knowing the client is not guilty may be subject to discipline from his or her state bar.
Pleading Guilty or Not Guilty
Military members have critical decisions to make in their own defense. Once they hire a civilian military defense attorney, they rely on their attorney’s knowledge and experience in the military criminal process. The two critical decisions the military member must make during trial are whether to plead guilty or not guilty and whether or not to testify during the trial. But before those decisions are made, whether to enter into a pretrial agreement with the government is a decision best made only after consultation with a qualified military criminal defense attorney.
Tags: article 32, court-martial, military, Pre-Trial Agreement, USMJ
