IDF Military Lawyer: Legal Representation Before the IDF and the Military Courts

If you have been summoned to a MATZACH (Military Police Criminal Investigation Division) interview, if a military indictment has been filed against you, or if you want to be released from service and you are stuck in front of a military body, it helps to work with a lawyer who knows this system from the inside. I am Adv. Emanuel Trach. I appear in the military courts, and I represent conscripts, career soldiers, reservists, pre-draft candidates and family members in all proceedings against the IDF.

The military runs its own proceedings under the Military Justice Law, with a military prosecution, military investigators and courts of its own. Someone who walks in unprepared sometimes gives a version that is hard to fix later, and misses chances to close a file before it reaches a court. That is why I recommend contacting a lawyer as soon as the summons arrives.

My background

I have been a member of the Israel Bar since 2011, and I have been handling cases for 15 years. I served in the MATZACH Central Unit for Special Investigations (Yamal”am). During that service I was certified as a skilled computer-crime investigator and as a technical surveillance officer, responsible for recordings, photography and wiretaps. Afterwards I worked as a lawyer in the criminal-administrative department of the Shin Bet. I hold an authorization to act as defense counsel in the military courts, from the period when such an authorization was required.

From the Special Investigations Unit I know how an investigation is built, what investigators look for, and what a well-built file and a poorly built file look like. The training in computer crime and technical surveillance helps most in cases where the evidence is devices, messages, recordings and photographs: I know how they are collected and preserved, and which questions to ask about how they were collected. From the Shin Bet I also know the side of the security authorities, which matters when a military proceeding may affect a security clearance or a career.

When to contact a military lawyer

• You received a summons to a MATZACH or military police interview. Consult before you give a statement.
• You were arrested, or an extension of your detention is being requested.
• You were told the prosecution is considering an indictment, or an indictment has already been filed.
• You want an exemption or release from service, for medical, mental-health, family or other reasons.
• You received a reserve duty summons and need a deferral or an exemption.
• You need to arrange a medical profile, an assignment or a position.
• You did not report to service, or you are outside the service without authorization.
• You need to arrange your status with the IDF, including children of immigrants, Israelis living abroad and dual citizens. See Military law for dual citizens and Child of emigrants status and the IDF draft.

How the military justice system is built

The Military Justice Law is a self-contained code: it defines offenses, courts, powers and procedure. Civilian laws, such as the Penal Law, the Dangerous Drugs Ordinance and the Arrests Law, apply in the military court when the Military Justice Law says so, and subject to the adjustments it sets out.

Not every offense committed by a soldier is tried in a military court. An offense with no military connection, for example domestic violence by a career soldier or an assault on a civilian without use of a personal weapon, is usually investigated by the Israel Police and handled outside the military system. It is worth finding out at the first stage which system will handle the case, because it affects procedure, the prosecution and the ways of resolving it.

A MATZACH investigation: what to know before you arrive

A MATZACH investigation usually begins with a caution. You may remain silent, and what you say may be used as evidence. Everything said in the first interview stays in the file, and sometimes it determines the rest of the proceeding.

The right to consult a lawyer is anchored in the Military Justice Law and in the Arrests Law, and investigators must inform the soldier of it. Military courts have examined cases in which this right was not respected, and have excluded evidence that was collected in breach of it. That is no reason to delay contacting a lawyer. By consulting before the interview, you can understand what the suspicion is, what is worth saying and what is not, and how to prepare for the questions.

A soldier summoned to an interview may consult a lawyer before reporting. If arrested, he is entitled to notify others of his arrest and place of detention, to meet the lawyer without delay, and to consult in private. Consulting a lawyer cannot be held against the suspect. Most soldiers are interviewed by MATZACH for the first time in their lives, young and inside a hierarchical system, so it is easier for them to be pressured, to say more than necessary, or not to point out evidence that supports them.

Routine investigations, such as drugs, absence and violence, are usually run at MATZACH bases. More complex and sensitive affairs may be investigated by the Central Unit for Special Investigations (Yamal”am), which I know from the inside.

I accompany soldiers before the interview, while they prepare for it, and afterwards as the direction of the case becomes clear. More: Military law in Israel.

Digital evidence, recordings and wiretaps

In many cases the central evidence is not testimony but collected material: a phone, a computer, messages, photographs, recordings and sometimes a wiretap. What matters is how the material was seized, who handled it, how it was preserved and what was done with it afterwards. An error at any of these stages can change the weight of the evidence.

As a skilled computer-crime investigator and former technical surveillance officer, I know how to read this material from the side of those who collected it. I examine the investigation steps, request the relevant investigation materials, and check whether there are grounds to challenge how the evidence was collected.

Detention and release

After an arrest, the decision whether to keep the soldier in custody is made before a military judge. The prosecution may ask to extend the detention and, later, with the indictment, to keep the defendant in detention until the end of proceedings. A detention decision of the District Military Court can be appealed to the Military Court of Appeals.

At detention hearings the defense tries to show that there is not enough prima facie evidence, that the grounds for detention are weak, or that an alternative to detention will achieve the same purpose. Sometimes it helps to request a detention report. The outcome depends on the offense, the investigation material and the soldier’s circumstances, and also on whether he is still serving.

A hearing before the indictment

When the investigation ends, the file moves to the Military Prosecution. It may send it back for further investigation, transfer it to a disciplinary proceeding, close it, or file an indictment in the military court. The prosecution is organized by region and subject: there are regional prosecution offices and also dedicated ones, for example for deserters and absentees and for operational matters. It is worth knowing which office is handling the file, because policy and options may differ.

In the civilian system the law requires a hearing before an indictment for a felony-level offense. The Military Justice Law has no general requirement of that kind, but the guidelines of the Chief Military Prosecutor provide for a hearing before an indictment for a felony-level offense against a soldier. A military court has already canceled an indictment because the prosecution did not hold a hearing.

At the hearing the lawyer presents the prosecution with the arguments why an indictment should not be filed, or why a narrower one should be filed. I prepare the material, examine the evidence, point out weaknesses in the investigation and, where appropriate, propose other solutions. A hearing held early and in an orderly way increases the chances that the file will be closed or narrowed.

Appearing in a military court

The District Military Court is the court of first instance, where the trial, the evidence and the sentencing take place. A convicted defendant, or a prosecution that disputes the sentence, may appeal to the Military Court of Appeals. The Military Court of Appeals is the highest instance of the military system, and above it one can reach the Supreme Court with leave.

I appear in the military courts at every stage of the trial:

• Preliminary hearing and reading of the indictment.
• Witness examination, cross-examination and submission of evidence.
• A plea arrangement, when it suits the case.
• Arguments on sentencing and the sentence itself.
• An appeal against the conviction or the sentence.

The military court acts under the Military Justice Law and not like a civilian court. Someone who knows the procedure, the military prosecution and how cases actually run can build a more precise defense. I will explain to you at every stage what to expect and what your options are.

The offenses I handle

Offenses fall into two kinds. Military offenses exist only in the Military Justice Law. General offenses appear in other laws but are charged against a soldier in a military court. I represent in both.

Military offenses, for example:

• Absence from service without leave, desertion and draft evasion.
• Violence in the army, abuse, and abuse of a detainee.
• Refusing to take a drug test.
• Weapons offenses, including unlawful use, threatening with a weapon and losing a weapon.
• Military property offenses: theft, removal from military control, damage and destruction.
• Fraud and forgery in military documents.
• Training accidents and causing death by negligence.
• Refusing to obey an order, exceeding authority and negligence in duty.
• Conduct unbecoming and harm to discipline.

General offenses tried in a military court, for example:

• Drug offenses under the Dangerous Drugs Ordinance.
• Sexual offenses, including online, and sexual harassment.
• Theft by a public servant and obtaining something by deceit.
• Failure to safeguard a firearm and abandoning a weapon.

The prosecution decides under which provision to charge, according to the policy of the Chief Military Prosecutor. This is one of the things that can be influenced at a hearing.

A conviction in a military court may affect a criminal record, continued service, future employment and a security clearance. I therefore examine each case also for its consequences beyond the proceeding itself.

Additional proceedings in military criminal cases

• Canceling an indictment: a motion asking the court to cancel an indictment because of a flaw in the process, for example when no hearing was held.
• A conditional arrangement or refraining from an indictment: closing the case without a trial, on conditions set in advance, when the circumstances allow.
• Criminal record: work to reduce the effect of a conviction and, in suitable cases, a request to delete or narrow the record.
• Sentence relief: motions to reduce a sentence that was imposed.
• Disciplinary proceedings: dealing with the judge officer and preparing a defense counsel’s opinion before a decision. See Disciplinary lawyer in Israel.

Exemption and release from service

There are several ways to obtain an exemption or release: medical, mental-health, unsuitability, family circumstances and others. Each requires its own documents and its own procedure, and not every request is granted. I first check which route suits you and which documents are missing, and only then submit.

More: Release from the IDF: exemption types.

Reserve duty

I handle requests for deferral of reserve duty, temporary exemption and permanent exemption, including cases where reserve service harms studies, work or health.

Profile, assignment and position

A medical profile affects the positions a soldier can be assigned to. If the profile does not reflect the medical condition, or the assignment is not suitable, you can approach the relevant committees and appeal the decision.

Absence, desertion and draft evasion

Someone who did not report for service, is absent, or was declared a deserter should first check what kind of absence it is, how long it has lasted and what options exist for arranging it. Sometimes the situation can be arranged without a criminal proceeding, and sometimes not. More: Punishment for desertion in the IDF and Consequences of avoiding IDF service.

Arranging status with the IDF

Arranging status is relevant for children of immigrants, for Israelis who grew up abroad, and for people who returned to Israel after a long period outside it. I handle requests before MITAV and the IDF. See Child of emigrants status and the IDF draft.

Security clearance

A military proceeding may affect a security clearance, and the reverse. I also handle security suitability, vetting interviews and appeals against decisions. See Security clearance in Israel.

How to choose a military lawyer

It is worth checking several things before you sign:

• Whether he really appears in the military courts. Today any lawyer may represent in them, so it is worth asking how many military cases he has actually handled, and not only whether he is allowed to appear.
• In which cases he has actually worked. The military field has many sub-fields, from MATZACH investigations to exemptions and profiles, and years of experience in one do not replace experience in another.
• Who will handle your file. In some firms the meeting is held with the owner, and the file passes to a junior lawyer. Ask who will be with you facing the investigator and the judge, and whether he is available.
• Whether he promises an outcome. The result depends on the evidence, the witnesses, the prosecution and the judge, and no lawyer controls all of them. Someone who promises an acquittal or the cancellation of an indictment at the first meeting, before examining the material, is telling you what you want to hear. In a criminal proceeding a lawyer may not make his fee conditional on the result.
• Whether he presents “connections”. My background gives me familiarity with the process and with the people in it, and no more than that. Decisions are made according to the material, and someone who hints at connections that will change the result is selling you something he does not have.
• What the judgments say. Military court decisions are published, and you can read in them how a lawyer worked. It is worth reading the result relative to the starting point, because a light conviction or the closing of a file is sometimes a real achievement.
• Whether there is a written fee agreement. The next section explains what it should contain.

Do not decide under time pressure. A military case demands quick decisions, but a good lawyer will also give you time to understand what you are signing, and will explain what he cannot do.

How it works

1. An initial consultation: I check the facts, the documents and the deadlines.
2. An assessment: what the options are, what the risks are and in what order to act.
3. Representation and accompaniment: approaching the military body, accompanying you in the interview, appearing in court or before a committee.
4. Continuation, if needed: an objection or an appeal.

Legal fees

There is no uniform price, because a case with a short investigation is very different from a long evidence trial. The cost depends on the type of proceeding, its complexity and the number of hearings.

In every case I conclude a written fee agreement. It is worth having it include:

• What exactly the representation covers: consultation, accompaniment in the investigation, a detention hearing, a pre-indictment hearing, a trial or an appeal.
• Who will handle the case and who will appear in court.
• How the fee is calculated and when it is paid.
• Which expenses are not included in the fee, such as an expert opinion, and which of them need your prior approval.

When the matter is urgent, for example when a soldier is arrested, the representation can be limited at the start to the present stage: the investigation and the detention hearing. It is not yet clear whether an indictment will be filed, and there is no reason to pay in advance for a trial that may not take place. If an indictment is filed, the continued representation can be defined in a further agreement, and an appeal is set separately. A case that closes without hearing witnesses requires less work than a case with a full evidence trial, and that should be reflected in the fee.

Questions and answers

When should I contact a military lawyer?

As soon as a summons to an interview arrives or a proceeding against the military begins. Early contact gives time to prepare before you give a statement or submit a request.

Can I consult a lawyer before a MATZACH interview?

Yes. A suspect has the right to consult a lawyer, and the investigators must inform him of it.

Who can be represented?

Conscripts, career soldiers, reservists and pre-draft candidates. Parents and family members may also contact a lawyer on the soldier’s behalf.

Does a lawyer need special authorization to appear in a military court?

In the past, yes. The law has changed, and today no special authorization is needed to represent in the military courts.

When is a soldier tried in a military court and when in a civilian court?

It depends on the offense and its connection to military service. Military offenses are tried in a military court. A general offense with no military connection is usually handled by the Israel Police and a civilian court. It is worth clarifying this early.

What is the difference between a military lawyer and a regular criminal lawyer?

The military court acts under the Military Justice Law and under its own procedure. Someone who knows the process, the military prosecution and the system prepares a more precise defense.

What happens at a hearing before an indictment?

The lawyer presents the prosecution with the reasons not to file an indictment, or to file it in a narrower form. The hearing aims to persuade the prosecution to reconsider its decision, and sometimes it succeeds.

Can a detention decision be appealed?

Yes. A detention decision of the District Military Court can be appealed to the Military Court of Appeals.

Can I get an exemption or release from service?

There are several routes, and suitability depends on circumstances and documents. There is no promise of a result. The first step is examining the file.

What happens if I did not report to service or to a summons?

You need to check what kind of absence it is and how long it has lasted, and which arrangement options are open. It is better to contact a lawyer before a decision is made or a proceeding is filed. More: Punishment for desertion in the IDF.

Does a conviction in a military court affect a security clearance?

It may. The effect depends on the offense, the circumstances and the clearance level required. It is worth checking this already at the defense stage.

Is what I tell you confidential?

Yes. The duty of professional confidentiality applies to everything said in the consultation.

Where is the office?

Yigal Alon 94, Alon Towers 2, 4th floor, Tel Aviv. There is also an office in Ramat HaSharon, by appointment. Phone and WhatsApp: 055-2550011.

Contact

For a consultation: 055-2550011 (phone or WhatsApp), or through the form on the site.

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Last updated: 30.10.2026. The information is general and is not legal advice for a specific case.