If you are convicted of a sex crime in the Military, you will likely be required to register as a convicted sex offender. So, unlike other criminal convictions, you are slapped with a life-long penalty. The information you have to share and the obligations you must fulfill follow you throughout m...
The offense of Abusive Sexual Contact is such a common allegations under the Article 120 offenses that I thought I would literally include a page of the offense out of what is called the Military Judge's Benchbook. In a court-martial, the Military Judge prepares instructions for the military pan...
Preparation is key for winning. I included a testimonial from my client after a court-martial trial last week. The trial was a sex assault case, a straight up "He said, She said," type of case. The result of the court-martial was a full acquittal, findings of NOT GUILTY on each and every speci...
Testifying in State Court hearings can be risky if you are facing a possible court-martial.
How Long Does A Court-Martial Take? I'm frequently asked by potential clients speaking with me for the first time this question: how long does a court-martial take? It makes sense for someone who is facing the anxiety of an investigation or newly preferred charges to be asking that question. ...
About 65-70 percent of my case load involves offenses of a sexual nature, whether its maltreatment through sexual harassment, or serious allegations of sexual assault or rape under Article 120 of the UCMJ. Keeping my clients out of confinement and saving their careers are clearly important to me ...
I had a recent case at Wright-Patterson Air Force Base in Ohio involving a client who was facing a separation board. What was so interesting about this separation board is that my client seemed like a very accomplished NCO who did not seem to have any mental or emotional health issues from what I...
The most common question I get from people facing a court-martial who call me is whether or not they should give a statement to law enforcement (i.e., CID, OSI, NCIS or CGIS). My response is almost always the same whether it's an interrogation or even a commander's a command investigation – don...
The Johnny Depp v. Amber Heard defamation trial has brought to mind one case in particular. The Johnny Depp trial has undoubtedly captured the attention of millions of Americans. At the core of the trial is the subject of domestic violence. Add to that already explosive issue, the involvement ...
A frequently seen case in military courts involve allegations that an accused attempted to commit lewd acts on a child who had not attend the age of 16 years. We typically see the factual scenario played out where there is online chatter between the accused and a law enforcement agent who is pre...
Article 112, UCMJ, covers the criminal offense of being drunk on duty. It's not a common offense that I have seen over the last several years that I have specialized in court-martial defense, though it is something that will be preferred on a charge sheet from time to time. Typically, a Specifi...
Article 112, UCMJ, addresses the criminal offense of being drunk on duty. This blog covers how to best defend against the charge.
Article 128, UCMJ, covers charges for Assault and Battery. The Article states: (a) Assault. Any person subject to this chapter [10 USCS §§ 801 et seq.] who, unlawfully and with force or violence— (1) attempts to do bodily harm to another person; (2) offers to do bodily harm to an...
Your court-martial lawyer should have all objections well-prepared and ready to argue for trial.
Transcript: I completed an article 32 hearing last week and it was for a serious sex assault and rape case and what happened in that hearing is something that will happen from time to time. You will get an extremely biased young inexperienced article 32 preliminary hearing officer who is jag...
That depends on the type of Court-Martial in which the charges against you have been preferred. The passing of new amendments to the UCMJ which are contained in the 2017 National Defense Authorization Act (NDAA) has led to sweeping changes in some areas of the court-martial trial process. In othe...
Choosing a good military law attorney is key to upholding your rights and achieving the best outcome in your case or court martial. The aim is to make sure that the result will be either a dismissal, acquittal from charges, or a reduction of the indictments made against you so that you can conti...
Hiring a military defense lawyer is your best chance for protection when you're about to be court-martialed. You can hire one or several lawyers, but choose an attorney who can defend you in court knowledgeably. The right person can help you win not only your court battles, but also your honor. H...
Facing military disciplinary action can be a frightening feeling. Judgments can destroy careers and lives. If you or a loved one are involved in a military criminal investigation or trial, you need the most knowledgeable and skillful representation capable of navigating the complex and ever-chang...
Some people claim that it should be easy to stay out of trouble in the military, but this clearly isn't the case for everyone. The Uniform Code of Military Justice, or UCMJ, contains definitions of numerous offenses that you might be charged with during your service. Few of these are as potential...
You may fantasize about court-martialing your commanding officer for denying your last leave request, but unfortunately for you, only very specific parties have the power to convene (i.e., call up or summon) a court-martial. So if you're relatively low within the military chain of command, you si...
Are you facing a court-martial? Working with a civilian attorney may be necessary to keep your rank or even your freedom depending on the severity of the actions against you. Civilian lawyers specializing in military law typically have more time, passion, and liberty than appointed military lawye...
The U.S. military is separate from the civilian world in many ways. Servicemen and women often live in exclusive communities, send their children to base-run schools, and visit military hospitals for their medical needs. They're also bound to the Uniform Code of Military Justice. Thus, legal issu...
Courts-martial are not as glamorous or dramatic as they seem in the media. In reality, these proceedings have the potential to sidetrack military careers and ruin lives. Fortunately, defendants have the right to hire court-martial lawyers (including civilian attorneys) for excellent legal aid. C...
The Uniform Code of Military Justice (UCMJ) provides the backbone for military law in the United States. When a member of the armed forces commits a crime, no matter what the severity of the infraction, the UCMJ dictates what will happen next. What type of court-martial will occur: summary, speci...
