At the start of any courts-martial, there is a retainer to enter our appearance in your case. That is going to enable us to send notices to your command and the legal office that all communications should go through us. It will also put us in a position to get any reports and evidence the government has against you.
If you are facing a general courts-martial, the next step is to schedule a preliminary hearing. There is a flat fee for the preliminary hearing, which is $5,000. I cannot imagine a case where we would waive the preliminary hearing because it is an opportunity to see the government's case and have a neutral legal officer weigh in on the strength of the government's case, any evidentiary issues, and realistic advice to the convening authority. The only other expenses you would have would be travel to get me to the hearing, lodging, and a rental car so I can get to the hearing. I control costs wherever I can.
Once a case is referred, which means a courts-martial will be convened, that is when the trial fee is due. The trial retainer and preliminary hearing fee both go towards the trial fee. The trial fee is going to be based upon the complexity of the case and the charges you are facing. Courts-martials can be short and intense. They require a lot of preparation, and intense effort while the trial is happening.
Discharge boards are less intense because there are different rules, however they still require a similar amount of preparation. We ask for a retainer up front to enter our appearance and get the evidence, then the balance is due once the hearing is scheduled.
General Courts-Martial - $50,000
Special Courts-Martial - $25,000
Summary Courts-Martial - $20,000
Discharge Board - $15,000
Notification Discharge response - $5,000
Article 15 - $5,000
Article 138 complaint - $7,500
Paperwork response - $3,500
These prices could be subject to change depending on the charges. For example, if you are charged with murder, that is a much longer trial. If your special courts-martial has more than 50 charges and specifications (which I have seen), that would create a much more complex trial. We do our best to be transparent but cannot control how the government charges you.
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