Purposes of the pretrial advice

Explanation of the purposes of the pretrial advice:

  1. militarydefenselawyers247Substantial Pretrial Right of the Accused.
    1. Protects accused against trial on baseless charges.
  2. Protects accused against referral to an inappropriate level of court-martial.
  3. Limited veto over convening authority’s power to refer charges.
  • Prosecutorial Tool.
    1. Provides legal advice to the convening authority regarding the charges.
    2. Additional opportunity for the SJA/military justice section to review the charges (form, substance, etc) prior to referral.