Work Directly with an Attorney on Your Tennessee Criminal Case
A service member connected to Fort Campbell may face military action and a Tennessee criminal charge arising from the same incident. Patton | Pittman defends clients in the civilian case while considering how plea and trial decisions could affect a military career. Any court-martial or other military justice proceeding is separate from the civilian defense services we provide.
We regularly represent members and officers of the 101st Airborne, as well as civilian spouses and children, in criminal matters. Chris Clark leads our criminal defense team. A former assistant district attorney, he has handled numerous high-profile felony cases.
Our criminal defense practice brings more than 110 years of combined legal experience to these cases. The attorney handling your case works directly with you from the initial charge review through resolution.
If you’re facing a Tennessee criminal charge connected to Fort Campbell, call (931) 361-4477 to discuss the civilian case directly with our attorneys.
How a State Charge Can Affect a Military Career
Military status doesn’t displace Tennessee’s civilian court process. Because Fort Campbell lies on the Kentucky-Tennessee border, an off-post incident can lead to a state charge and separate military action. Each system applies its own procedures, charging decisions, and potential consequences.
An acquittal in civilian court doesn’t prevent military authorities from pursuing a separate case. Likewise, the result of a military proceeding doesn’t prevent Tennessee authorities from continuing a civilian prosecution. We assess the evidence, available defenses, and possible case resolutions with the potential effects on a military career in view.
In Clarksville, criminal cases can proceed through two Montgomery County state courts:
Montgomery County General Sessions Court: Handles misdemeanor cases and conducts preliminary hearings in felony cases.
Montgomery County Circuit Court: Hears criminal cases and appeals from General Sessions Court.
A preliminary hearing allows the court to consider whether the state has enough evidence for a felony charge to proceed. It isn’t a trial on guilt or innocence. The path a case takes depends on the charge, the available evidence, and decisions made by the prosecution and defense.
Review Your Tennessee Defense Options
Bring us the charging documents, court notices, and other available records from your Tennessee case. We can review the facts, explain the civilian process, and identify options supported by the evidence without promising a particular result.
Call (931) 361-4477 to arrange a free initial consultation with Patton | Pittman about your criminal case.
How Courts-Martial Work Under Military Law
A court-martial is a federal military proceeding governed by the Uniform Code of Military Justice (UCMJ). It doesn’t follow the Tennessee court process, even when the underlying incident also produces a state charge. The formality, panel structure, and available penalties depend on the type of court-martial convened.
The military uses three types of courts-martial:
Summary court-martial: The least formal type, used to address relatively minor offenses.
Special court-martial: A proceeding roughly comparable to a civilian misdemeanor court, with at least three officers on the panel.
General court-martial: The forum for the most serious military offenses, with authority to impose any penalty available under military law.
Unless the accused waives it, an Article 32 preliminary hearing normally precedes a general court-martial. The hearing examines whether sufficient evidence exists for the charges to proceed and serves a function similar to a civilian grand jury process. It isn’t the final trial on the allegations.
Rights During Army CID Questioning
Under Article 31(b), military investigators must advise a suspect of the suspected offense and the right to remain silent before questioning. A service member contacted by Army CID can decline an interview and request counsel. Exercising those rights can’t be used as evidence of guilt.
That decision should be made before answering substantive questions or providing a written statement. Investigators may already have witness accounts, digital records, or other evidence when they request an interview. A request described as an opportunity to explain remains an investigative contact.
Trial Defense Services & Civilian Counsel
Service members facing military justice action at Fort Campbell are entitled to free military defense counsel through Trial Defense Services, the Army’s defense office that operates independently from the prosecution. A civilian attorney may also work alongside assigned military defense counsel. Civilian attorneys don’t need a Tennessee or Kentucky law license solely to appear in military court because courts-martial are federal proceedings governed by military law.
Article 15 Non-Judicial Punishment
Article 15, also called non-judicial punishment, is an administrative hearing rather than a criminal trial. It can’t result in a federal criminal conviction or prison time. The standard of proof depends on the service branch; the Army requires the commander to be convinced beyond a reasonable doubt, the same standard used for a court-martial conviction, while some other services apply a preponderance-of-the-evidence standard.
Independent Charging Authority for Covered Offenses
An independent special trial counsel decides whether to prefer charges (formally bring them) and refer charges (send them to trial) for certain covered offenses. This authority applies to covered offenses including:
Command authority continues to make charging decisions for offenses outside this covered group. The applicable process therefore depends on the alleged conduct and the provisions of military law governing the accusation.
