What are the potential forms of relief available to an accused in a court-martial?

In Virginia, when someone is accused of a military crime they are typically tried in a court-martial. The court-martial is presided over by an officer, called a judge advocate, and a panel of officers and enlisted persons from the military. The accused can receive various forms of relief in a court-martial. The most common relief is dismissal of the charge. If the judge advocate finds there is no significant evidence for the charge, they can dismiss it. This is usually done if there is not enough evidence or if the offense is minor. The accused may also be offered a plea bargain. This involves entering a plea of guilty or no contest in exchange for a lesser sentence. The accused may also be offered an administrative punishment. This eliminates the need for a court-martial and instead allows the military commander to address the accused’s conduct with a less severe punishment. The accused may also be offered pretrial adjudication. This allows the evidence to be evaluated before trial and the charge can be dropped if the accused is found to be innocent. Finally, the accused may be offered a sentence mitigation. This involves making a request to the court-martial for a lighter sentence. It is usually done if the accused has taken responsibility for their actions, is remorseful, or has suffered from extenuating circumstances. Overall, there are numerous forms of relief available to an accused in a court-martial in Virginia. It is important for the accused to be aware of these forms of relief so that they can make an informed decision when facing military charges.

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