Naval Station Jacksonville Navy Brig

Naval Air Station (NAS) Jacksonville's brig serves as the military's pretrial confinement facility for the Southeast United States. It houses service members from all branches of the military awaiting trial by court-martial or serving minimal sentences (less than 30 days).

NAS Jacksonville’s Brig is a Pretrial Confinement Facility (PCF) located on-board NAS Jacksonville.
The NAS Jacksonville Brig houses service members from all branches of the military who are either pending trial by court-martial; who are serving minimal court-martial confinement sentences (normally less than 30 days); or who have been sentenced to confinement and are pending transfer to a larger brig, normally Miramar, Chesapeake, or Charleston.

Any commissioned officer in the military may order an enlisted Navy Sailor (or any other enlisted member of the Armed Forces) into pretrial confinement at NAS Jacksonville’s brig based on probable cause that the Sailor committed an offense triable by court-martial and that confinement is required by the circumstances. There are different rules for officers.
After confinement has been ordered by a commissioned officer, the commander over the member must make a determination within 72 hours as to whether probable cause exists and necessity for continued confinement in the brig. When evaluating whether confinement should continue, a commander must consider whether confinement is necessary because the prisoner is a flight risk (will not appear at trial), whether the prisoner will engage in serious criminal misconduct, and whether less severe forms of restraint (such as restriction or conditions on liberty) are inadequate under the circumstances.
A service member can only be held in the brig if the commander intends to pursue trial by court-martial. Hence, the confinement is called “pretrial confinement.”

No. There is no monetary bail set for a member the military who is being held in a brig pending trial by court-martial.
After confinement has been ordered and the 72 hour review has been completed, a service member in the brig can request to have the decision to order pretrial confinement reviewed by a independent reviewing officer. This is called an initial review officer hearing, or IRO hearing. This officer will hear from the Sailor’s command and a Navy government attorney, and from the Sailor through his/her defense attorney. The hearing officer can also review documentary evidence and receive the testimony of witnesses. The hearing officer shall either approve continued confinement by finding probable cause and necessity as detailed above or order immediate release.
If the member is released by the reviewing officer, the member can still be the subject of restrictions on his or her liberty, such as requirements to stay on-board a base, always wear a uniform, and muster several times a day.

Absolutely, and you should do so fast. As the IRO hearing must occur within 7 days of confinement, there is very little time to prepare a case for release.
If the member is placed in pretrial confinement, the commander has decided the member should face trial by court-martial. That is a federal criminal court. The penalties range from loss of pay and loss of rank to punitive discharges, confinement for decades, and, in the case of a murder charge, the death penalty.
It is important the member have experienced counsel at the IRO hearing as this is the first chance for the member to obtain information about the case against him or her and the best opportunity to challenge the justification for the confinement. It is also equally important to ensure that the member does not present any evidence or say anything that could later harm him or her at court-martial
While a service member in the brig for pretrial confinement is entitled to a military JAG lawyer at the IRO hearing, they military often assigns the most junior lawyers in the defense counsel office to handle IRO hearings. Often the lawyer is not the lawyer that would later be assigned to the court-martial.

The decision by the IRO hearing can be reviewed by the military judge once charges have been filed, or “referred”, for trial. That can be anywhere from days or months after the IRO hearing depending on the type of case. Grounds for a Motion to Release from Pretrial Confinement include newly discovery evidence or that the IRO officer abused his or her discretion in ordering continued confinement.

Korody Law is the only military defense law firm located within minutes of NAS Jacksonville Brig. Unlike military defense attorneys with offices in California, Texas, and Virginia who will never see their client in the brig, we are able to visit our clients in-person on a regular basis and appear, on short notice, at IRO hearings.
Attorney Patrick Korody has more than 18 years experience practicing military defense. While on active duty, he was in charge of both defense and prosecution officers and served a special victim’s prosecutor. He is also certified by the Judge Advocate General of the Navy as a Specialist in Military Justice Litigation.

Let Korody Law provide you a free case consultation.