A court-martial and a civilian court are two entirely separate legal systems and as a service member in Kitsap County, you can face both at the same time for the same conduct. A court-martial is governed by the UCMJ and decided by a military panel, not a civilian jury. Which system applies, and what consequences follow, depends on where the offense occurred and the nature of the charge.
Being charged as a service member near Naval Base Kitsap means two separate legal systems can activate at the same time, and neither one waits for the other. You are probably trying to figure out which one you are actually dealing with, what each one means for your career and your record, and whether the same attorney can help with both. The answer to that last question is no. The “why” is exactly what we get into in this post covers.
As a retired Marine Corps military judge, Patrick McLain presided over more than 400 cases without a single decision overturned on appeal. Today he uses that insider knowledge to defend service members facing charges under the UCMJ and in civilian court, making sure they get the military defense they’ve earned.
What Is a Court-Martial?
A court-martial is a military criminal trial governed by the Uniform Code of Military Justice. It applies to active-duty service members and, under certain circumstances, reservists and National Guard members. Court martial can address military-specific offenses (such as desertion, insubordination, and absence without leave) as well as crimes that also exist under civilian law, such as assault, DUI, or drug offenses.
There are three types of court-martial:
- Summary court-martial: The least serious level. Handles minor offenses through a simplified process. No military judge presides. Punishments are limited.
- Special court-martial: An intermediate level. A military judge presides, and the accused has the right to legal representation. Punishment is capped at one year of confinement, among other penalties. Roughly equivalent to a misdemeanor-level civilian case.
- General court-martial: The most serious level. Handles severe offenses, such as those that would qualify as felonies in the civilian world. A military judge presides, and a panel of military members determines the verdict. A conviction at this level is reportable as a federal felony conviction.
How Court-Martial Differs From Civilian Court
The two systems share a common goal: determining guilt or innocence. But the procedures, standards, and consequences are meaningfully different.
- No jury of peers: In civilian court, you are tried before a jury of civilians. In a court-martial, you face a panel of military members selected by the convening authority. The composition of that panel (their rank, branch, and experience) can significantly affect the outcome.
- Different verdict threshold: In Washington State civilian court, a guilty verdict requires unanimity from the jury. In a general court-martial, a conviction can be reached with a three-fourths majority of the panel, meaning not every member needs to agree.
- Different governing law: Civilian cases in Washington are governed by state criminal code or federal statutes. Court-martial proceedings are governed by the UCMJ and the Manual for Courts-Martial, which include military-specific offenses and their own rules of evidence.
- Speed: Military criminal cases move significantly faster than civilian cases. The timeline from charge to resolution can be compressed in ways that leave little room to prepare without an attorney already working the case.
- Unique military penalties: Both systems use confinement and fines, but military courts can also impose reduction in rank, forfeiture of pay, and dishonorable or bad conduct discharge. These consequences have no civilian equivalent and follow a service member for life.
Can You Be Tried in Both Systems for the Same Conduct?
Yes, with one important limitation.
Military court and federal civilian court cannot both prosecute you for the same offense. But military court and Washington State court can, meaning the same incident can result in two separate trials, two separate outcomes, and two separate sets of consequences.
In practice, this means that an off-base DUI in Port Orchard can result in both a civilian criminal charge in Bremerton Municipal Court and military proceedings through your command, running simultaneously, on separate tracks, with separate outcomes.
The civilian charge and the military proceeding are not connected. Winning one does not end the other. Each requires its own defense, and each requires a different attorney.
What Happens at Naval Base Kitsap Specifically
Naval Base Kitsap is one of the largest naval installations in the country. Cases involving service members stationed there can arise from conduct on base, off base in Port Orchard or Bremerton, or anywhere in Kitsap County.
- For conduct that occurs on base, the criminal charge is typically filed in the US District Court for the Western District of Washington (a federal court). Washington State DUI law applies under the Assimilative Crimes Act, but the venue, prosecutor, and sentencing rules are different from a state court case.
- For conduct that occurs off base, the case goes through Washington State court. Bremerton Municipal Court for misdemeanor-level charges, Kitsap County Superior Court for felonies.
In both situations, military proceedings through the chain of command run separately. Your command will learn of the arrest, and self-reporting is expected. Getting an attorney involved before that conversation happens puts you in a significantly stronger position.
One Call. Two Defenses. LaCross Law Handles Both the Civilian and Military Sides.
David is a criminal defense attorney based in Port Orchard who has spent decades defending people facing serious charges in Kitsap County, including service members stationed at Naval Base Kitsap. Before practicing law, he spent three years in the Navy at Puget Sound Naval Shipyard. He understands both worlds, handling the civilian criminal case (the charge filed in court that goes on your permanent record) from an informed perspective.
For the military justice side of your case, LaCross Law works with attorney Patrick McLain, who has served for over forty years as prosecutor, defense counsel, and judge presiding over courts-martial. Patrick McLain has more court-martial experience than any practitioner in the military justice system today. He knows how military prosecutors build their cases, what military judges respond to, and where the government’s case is most likely to have weaknesses.
If you are facing a civilian criminal charge alongside military proceedings, call LaCross Law at 360-447-9365.
Frequently Asked Questions About Court-Martial vs. Civilian Court
1. Can a service member be tried in both military and civilian court?
Yes, with one limitation. A service member cannot be tried for the same offense by both military court and federal civilian court. However, military proceedings and Washington State court can both address the same underlying conduct simultaneously. Each case runs independently.
2. What is the difference between a general and special court-martial?
A special court-martial handles intermediate offenses with punishment capped at one year of confinement (roughly equivalent to a misdemeanor-level civilian case). A general court-martial handles the most serious offenses, is equivalent to a felony-level trial, and a conviction is reportable as a federal felony conviction.
3. Does a court-martial conviction show up on a civilian background check?
A general court-martial conviction is reportable as a federal felony conviction and will appear on background checks. Special and summary court-martial convictions may also have civilian implications depending on the nature of the offense.
4. Do I need a civilian attorney if I am facing a court-martial?
If you are also facing a civilian criminal charge, which often happens when the conduct occurred off base, yes. The court-martial and the civilian case are separate proceedings. David LaCross handles the civilian criminal case. Patrick McLain, a former JAG lawyer and retired court-martial trial judge, handles the military side
5. How quickly do military cases move compared to civilian cases?
Significantly faster. The timeline from charge to resolution in military proceedings can be compressed in ways that leave little room to prepare. If you are also facing a civilian charge, call an attorney the same day you are released or notified of the charge.
6. What should I do first if I am facing both military and civilian charges?
Do not speak to anyone, including family or fellow service members, until you have legal counsel. LaCross Law handles both sides: David LaCross on the civilian case and Patrick McLain on the military. One call covers both.
