Post-Trial Clemency Petition
McNeil & Associates - North Carolina Military Attorneys

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If you have recently been tried by court-martial and are seeking clemency, the post-trial process under RCM 1105/1106 is the best place to start, and the attorneys at McNeil & Associates can help you prepare a well-written and meaningful petition.

A post-trial clemency petition may include new evidence or clarification of matters presented at trial, evidence of good character, post-trial statements from friends and relatives, evidence of financial hardship, and evidence of the adjudged sentence’s effect upon the accused’s family. Once gathered and prepared, these matters are forwarded to the convening authority for consideration and action. The convening authority has wide discretion and may approve or disapprove the findings, or may dismiss any offense or change the finding of guilty of any offense to one of a lesser-included offense. The convening authority may also disapprove the findings of guilty of all, or any part of, a legal sentence. The convening authority also has the power to reduce or suspend a sentence, or change the punishment to one of a different nature. For example, the convening authority may reduce or eliminate any confinement, may change a dishonorable discharge to a bad-conduct discharge, and may reduce a sentence of death to imprisonment. Prior to taking action, the convening authority must consider the results of trial, the recommendation of the Staff Judge Advocate, and any post-trial clemency matters submitted by the accused and his attorney.