NAS Jacksonville Brig Defense Attorney – Pretrial Confinement & IRO Hearings

If you or your loved one has been placed in pretrial confinement at the NAS Jacksonville Brig, time is critical. Confinement means the command intends to pursue a court-martial—federal criminal prosecution. Immediate legal action can determine whether the service member is released or remains locked down for months.

What Is the NAS Jacksonville Brig?

The Naval Air Station (NAS) Jacksonville Brig serves as the primary pretrial confinement facility for the Southeast United States. It houses service members from:

• Navy
• Marine Corps
• Army
• Air Force
• Coast Guard

The brig holds members who are:

• Awaiting trial by court-martial (pretrial confinement)
• Serving short court-martial sentences (generally under 30 days)
• Awaiting transfer to long-term military brigs such as Miramar, Chesapeake, or Charleston

Pretrial confinement is not punishment—it is preventive detention—but it requires strict legal justification and timely review.

How Does a Service Member Get Confined to the Brig?

Any commissioned officer may order an enlisted service member into pretrial confinement based on:

• Probable cause the member committed an offense triable by court-martial, and
• Necessity for confinement under the circumstances

Different legal standards apply to officers, but confinement is still strictly regulated.

The 72-Hour Commander Review

Within 72 hours, the member’s commander must determine whether:

• The member is a flight risk (may not appear for trial)
• The member poses a risk of serious future misconduct
• Less severe restraints (restriction, conditions on liberty, supervision) are inadequate

If confinement cannot be legally justified under these standards, the member must be released.

A service member may only be confined if the command intends to pursue court-martial. That is why it is called pretrial confinement.

Is There Bail in Military Confinement?

No. There is no monetary bail in the military justice system. Release depends entirely on winning the legal confinement review—not on posting money.

The Initial Review Officer (IRO) Hearing – Your First Line of Defense

After confinement is ordered and the 72-hour review occurs, the member is entitled to an Initial Review Officer (IRO) hearing within 7 days. This hearing determines whether continued confinement is lawful.

At the IRO hearing, the reviewing officer considers:

• The command’s evidence and rationale for confinement
• The government’s legal argument
• The defense position through counsel
• Witness testimony and documentary evidence

The IRO must either:

• Approve continued confinement, or
• Order the member immediately released

If released, the member may still face restrictions such as base restriction, uniform requirements, and daily musters—but will no longer be confined in the brig.

Updated Navy & Marine Corps IRO Policy – ALNAV 012/25

The Department of the Navy has issued ALNAV 012/25 – Updated Policy Governing the Initial Review of Pretrial Confinement, which changes who may serve as initial review officers for Sailors and Marines under Rule for Courts-Martial (R.C.M.) 305(j)(2). You can read the full message here:

ALNAV 012/25 – Updated Policy Governing the Initial Review of Pretrial Confinement (PDF)

Under ALNAV 012/25, effective immediately for Navy and Marine Corps cases:

• Primary IROs – Military Judges or Magistrates: Unless impracticable, the Chief Judge of the Navy and Marine Corps Trial Judiciary (or designee) will designate a military judge or magistrate to act as the IRO under R.C.M. 305(j)(2), and that judge or magistrate decides the location of the hearing, including using remote proceedings when appropriate.
• Alternate IROs – Senior Judge Advocates: If assigning a military judge or magistrate is impracticable, a General Court-Martial Convening Authority (GCMCA) will designate a neutral and detached judge advocate, normally an O-4 or above and certified under Article 27(b), UCMJ, to act as the IRO.
• Facility & Command-Based Assignment: For installations with a confinement facility (such as NAS Jacksonville Brig), the GCMCA with jurisdiction over the facility assigns IROs to specific cases; for installations without a brig, the GCMCA of the confinee’s parent command or regional commander does so.
• Victim’s Right to Be Heard: The IRO must follow R.C.M. 305(j)(2) procedures, including allowing the victim to be reasonably heard at the review.
• Documentation Requirements: The IRO must place a copy of the documents considered and the written memorandum of decision into both the confinee’s brig file and send it to the commander who ordered confinement.
• Neutrality & Experience: IROs must be neutral and detached, selected for their maturity and experience. Serving as a staff judge advocate is not automatically disqualifying, so long as the IRO is outside the chain of command of the officer who ordered confinement.

Until JAGINST 5800.7G is updated, ALNAV 012/25 controls Department of the Navy practice for IRO hearings. Practically, this means that NAS Jacksonville Brig pretrial confinement reviews are now more judicial in nature and must be handled with the same sophistication and preparation as a court hearing.

Should You Hire a Civilian Defense Attorney for the IRO Hearing?

Yes—and you must act quickly. The IRO hearing is often the best and only opportunity to secure early release from confinement before charges move deeper into the court-martial process.

Why experienced civilian military defense counsel is critical under ALNAV 012/25:

• IRO hearings now commonly involve military judges or magistrates applying R.C.M. 305 and ALNAV 012/25.
• The record created at the IRO can later be reviewed by a military judge once charges are referred.
• This is your first meaningful opportunity to test the government’s evidence and present favorable information.
• Anything said can later be used against the member at court-martial if not carefully managed.
• Military JAG defense counsel assigned to IROs are often very junior and may never represent the member again.

Continuity of defense and strategic planning from the first day of confinement forward is essential.

What If the IRO Orders Continued Confinement?

If confinement is approved at the IRO hearing, the decision may later be reviewed by a military judge after charges are formally referred to court-martial. Grounds for challenging confinement include:

• Newly discovered evidence
• Abuse of discretion by the IRO
• Failure to follow required procedures under R.C.M. 305 and ALNAV 012/25

However, this later review may occur weeks or months after the IRO hearing, which is why the initial IRO is the critical battleground for liberty.

Penalties If the Case Proceeds to Court-Martial

Once a service member is placed in pretrial confinement, it signals the command intends to prosecute in federal criminal court (court-martial). Sentencing exposure may include:

• Total forfeiture of pay and allowances
• Reduction in rank
• Punitive discharge (Bad-Conduct or Dishonorable Discharge)
• Years—or decades—of confinement
• In rare capital cases, the death penalty

Why Korody Law Is Uniquely Positioned to Defend NAS Jacksonville Brig Clients

Korody Law, P.A. is the only military defense law firm located within minutes of the NAS Jacksonville Brig. Unlike out-of-state firms, we:

• Meet our confined clients in person at the brig
• Appear at IRO hearings on extremely short notice, including remote and in-person proceedings
• Engage commands, trial counsel, and staff judge advocates early and directly
• Begin parallel defense investigations immediately to contest the government’s narrative

Our Jacksonville military attorneys bring more than 60 years of military justice experience, including:

• Former active duty Navy JAGs
• Supervised both prosecution and defense counsel
• Former Special Victims’ Prosecutor
• Former military judge
• Certified by the Judge Advocate General of the Navy as a Specialists in Military Justice Litigation

Immediate Help for NAS Jacksonville Brig Confinement

If your loved one has been placed in pretrial confinement at NAS Jacksonville, do not wait. Under the updated IRO policy in ALNAV 012/25, the stakes at the initial review are higher than ever—and so are the opportunities for a skilled defense attorney to secure release.

Defending Sailors, Marines, and other service members nationwide in pretrial confinement, court-martial, and military criminal investigations.