What is a pretrial agreement in a court-martial?

A pretrial agreement in a court-martial is a contract between a service member and the prosecution in a criminal military case. It is an agreement between the two parties that allows the service member to admit guilt in return for a reduced sentence. This type of agreement is also referred to as a pretrial arrangement or a plea bargain. The decision to accept or reject a pretrial agreement is made solely by the service member, and the prosecution does not have the authority to force or coerce a service member into accepting a pretrial agreement. However, the prosecution is free to provide the accused with information about the potential punishments that could result from either going to trial or accepting the agreement. This allows the service member to make an informed decision. In Virginia, if a service member agrees to a pretrial agreement, they will typically plead guilty to lesser charges, such as a misdemeanor. The prosecution may also agree to drop some charges or reduce the severity of the sentence. The judge presiding over the court-martial must approve the agreement before it is finalized. In some cases, a pretrial agreement can result in an acquittal of the service member, meaning they will not be found guilty of any of the criminal charges against them. This is a favorable outcome and can save the service member from facing costly fines, jail time, and a dishonorable discharge from the military.

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