Courts-Martial

There are three types of courts-martial: summary, special, and general.

As a matter of law, Soldiers are entitled to competent and effective TDS representation during special or general courts-martial, at no cost to the Soldier. This representation includes full advocacy on behalf of the Soldier and appearance during all phases of special or general court-martial proceedings, to include investigations, filing of motions and other legal documents, presentation of evidence, cross-examination of prosecution witnesses, delivery of arguments during trial, clemency requests, and the exercise of other remedies afforded to Soldiers under the law and Army regulations. Soldiers are also entitled to representation by a civilian defense attorney of their own selection during special or general courts-martial, but the Soldier will bear the cost of the civilian counsel.

As opposed to a special or general court-martial, there is no legal requirement for the accused to be represented by a TDS counsel during summary court-martial proceedings. The TDS counsel, however, can expertly assist Soldiers pending summary court-martial with understanding the process, evaluating the charges, assessing the evidence, securing the testimony of defense witnesses or documents, drafting of motions or other legal documents, preparing evidence in mitigation or extenuation, and appeals.

TDS cannot represent Soldiers facing charges in civilian jurisdiction or courts, to include cases in federal magistrate courts on military installations. TDS representation is restricted to proceedings under military jurisdiction only.

Suspects Rights Advisement

Non-judicial Punishment (aka Article 15)

Administrative Enlisted Separation / Officer Elimination from the Army

Other Adverse Administrative Actions