Understanding the Office of Special Trial Counsel
A criminal allegation in the military resulting in conviction can permanently and adversely affect a servicemember's life. When allegations are serious or a "covered offense," the Office of Special Trial Counsel (OSTC) will handle the case. This is true for all service members of every branch of the United States Armed Forces.
When you have been accused of a crime that puts you in a position where you must deal with the OSTC, you must protect yourself from the consequences of a conviction. Navigating such a complex legal situation alone can be incredibly difficult. It is your right, though, to have a specialized and experienced attorney helping you. In Virginia, theNorfolk military defense lawyers at The Griffin Law Firm can advocate on your behalf and represent your best interests.
The Role of the OSTC in the U.S. Military
As a critical component of the military justice system, the OSTC handles the most serious offenses requiring greater involvement than just that of an accused service member's chain of command. In particular, the OSTC takes a leading role in sexual assault and violent crime cases.
Congress created the OSTC to allow for greater transparency and independent oversight concerning covered offenses or those that are the most serious in the military justice system. The OSTC offers greater impartiality and expertise, utilizing specialized JAG attorneys to manage such cases.
The OSTC has three main functions.
- Independent and objective prosecution authority.
- Case management and oversight, including conducting investigations, gathering evidence, evaluating case facts, and making prosecutorial determinations.
- Despite operating independently, for the OSTC to function efficiently, it must closely coordinate with military commands, including sharing information and offering legal advice while abiding by all procedural requirements.
Military Cases Handled by the OSTC
Sex Crimes
Sex crimes are the most common type of serious crime that military members are accused of. The OSTC handles sexual assault, harassment, and other forms of sexual misconduct cases in the military.
Sensitive Cases
High-profile cases, such as those that involve high-ranking officers or that have been heavily publicized in the media, which could affect the military's reputation and integrity, are overseen by the OSTC.
Violent Crimes
Murder and manslaughter, aggravated assault, and other violent crimes demand specialized and resourceful legal expertise in addition to a comprehensive understanding of military procedures and law that the OSTC offers.
Miscellaneous Serious Crimes
The OSTC will also handle major breaches of military conduct that run adversely to good order and discipline. Drug trafficking or fraud are examples of such offenses.
When the OSTC takes on a case, they may decide on any of the following outcomes:
- Prefer charges and begin prosecution of the service member.
- Deferring to command for alternative disciplinary actions under the Uniform Code of Military Justice (UCMJ) instead of a court-martial.
- Referral for further investigation to gather additional evidence.
- Dismissal of charges.
Contact a Norfolk Military Criminal Defense Lawyer
If the criminal allegations against you are serious, then your case may be handled by the OSTC.
Contact a skilledNorfolk military criminal defense lawyer at The Griffin Law Firm today by calling (888) 707-4282. You have the right to secure help with your case and improve the chances of obtaining the most favorable results.