United States Army Trial Defense Service - Mission

Mission

The Trial Defense Service provides conflict-free legal services to soldiers who are facing adverse criminal or administrative actions at no cost to the soldier. Unlike public defenders in civilian jurisdictions, there is no means test required to determine eligibility; all soldiers are entitled to TDS representation by virtue of being subject to the UCMJ. The various categories of representation fall into three priorities.

  • Priority 1: Criminal representation at trials by court-martial is the top priority of TDS and takes precedence over all other actions. Defense Counsel make motions, voir dire the panel, offer evidence, examine and cross-examine witnesses, present argument, and negotiate on their client's behalf.
  • Priority 2: Assistance with administrative separations (actions to discharge soldiers prior to the end of their service), non-judicial punishments, and summary courts-martial.
  • Priority 3: All other actions, including advising soldiers of their rights as a suspect and responding to letters of reprimand. Priority 3 actions may also be handled by legal assistance attorneys, depending on the availability of TDS.

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