Pretrial Agreements

Pretrial agreements are agreements between the accused and the convening authority that may affect reduction in rank; length of confinement; and amount of forfeitures, among other terms.

Either the government or the defense may initiate the agreement.

A commander will normally be asked for a recommendation to the convening authority regarding acceptance or denial of an offer.

Pretrial agreements may be most appropriate when:

• The agreement offers an acceptable punishment for the offense

• The agreement will save significant resources

• The agreement will speed the resolution of the case

• One or more witnesses are reluctant to testify