One of the hardest parts of facing a court-martial is not knowing what happens next. The military justice system has its own stages, its own language, and its own timeline. Here is the path a case typically takes, from the first knock on the door to a verdict.
Stage 1: The Investigation
Most cases begin with an investigation by a military criminal investigative organization — CID for the Army, NCIS for the Navy and Marine Corps, OSI for the Air Force and Space Force, or CGIS for the Coast Guard. Investigators interview witnesses, collect physical and digital evidence, and question the suspect. This stage can last weeks or months, and it is where the government’s case is largely built.
Stage 2: Preferral of Charges
If the investigation supports it, charges under the UCMJ are formally “preferred” against the service member. The member is informed of the charges and the accuser. Preferral is not a conviction or even a decision to go to trial — it is the formal start of the court-martial process.
Stage 3: The Article 32 Preliminary Hearing
Before a case can go to a general court-martial, it normally passes through an Article 32 preliminary hearing. A preliminary hearing officer reviews whether there is probable cause and makes recommendations about how the case should proceed. For the defense, this hearing is an early opportunity to see the government’s evidence and challenge its weaknesses.
Stage 4: Referral
A convening authority — a commander with the authority to convene courts-martial — decides whether to “refer” the charges to trial, and at which level: summary, special, or general court-martial. Charges can also be dismissed, reduced, or resolved at a lower level at this stage.
Stage 5: Trial
At trial, the accused is arraigned, motions are argued, and the case is heard by a military judge or by a panel of service members. The government must prove guilt beyond a reasonable doubt. If there is a conviction, a sentencing phase follows, where both sides present evidence about the appropriate punishment.
Stage 6: Post-Trial and Appeal
A conviction is not necessarily the end. Sentences are reviewed, and many convictions can be challenged on appeal before the service’s Court of Criminal Appeals and beyond. Errors made during the investigation or trial can matter enormously at this stage — which is one more reason the record built from day one is so important.
Every stage of this process has decision points where a strong defense can change the outcome. The Law Office of Alaric Piette, PLLC represents service members at every stage of a court-martial case. See how court-martial defense works — and why starting early matters.
This post is general information about the military justice system. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different — speak with a qualified military defense attorney about your specific situation.