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Final Pretrial Preparation - 14134_206
4. Should I refuse trial by summary court-martial, the commanding officer may refer the charge(s) to trial by special court-martial. At a special court-martial, in addition to those rights set forth above with respect to a summary court-martial, I would also have the following rights: a. The right to be represented at trial by a military lawyer, free of charge, including a military lawyer of my own selection if he or she is reasonably available. I would also have the right to be represented by a civilian lawyer at my own expense. b. The right to be tried by a special court-martial composed of at least three officers as members or, at my request, at least one-third of the court members would be enlisted personnel. If tried by a court-martial with members, two-thirds of the members, voting by secret written bal- lot, would have to agree in any finding of guilty, and two-thirds of the members would also have to agree on any sentence to be imposed should I be found guilty. c. The right to request trial by military judge alone. If tried by a military judge alone, the military judge alone would determine my guilt or innocence and, if found guilty, he or she alone  would  determine  the  sentence. 5. I understand that the maximum punishment which can be imposed at a special court- martial  for  the  offense(s)  presently  charged  against  me  is: discharge from the naval service with a bad-conduct discharge (delete if inappropriate); confinement  for months; forfeiture of two-thirds pay per month for months; reduction to the lowest enlisted paygrade (E-1). Knowing and understanding my rights as set forth above, I (do) (do not) desire to consult with counsel before deciding whether to accept trial by summary court-martial. Knowing and understanding my rights as set forth above (and having first consulted with coun- sel), I hereby (consent) (object) to trial by summary court-martial. Signature  of  accused  and  date Signature of witness and date Figure 7-1.-Summary court-martial acknowledgement of rights and waiver—Continued. 7-7

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