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Art. 112. Drunkenness and other incapacitation offenses

Posted by Ernesto Gapasin | Nov 30, 2021 | 0 Comments

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...

How Many Panel Members Will There Be?

Posted by Ernesto Gapasin | Apr 14, 2019 | 0 Comments

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...

How to Choose the Best Civilian Military Attorney

Posted by Ernesto Gapasin | Jul 15, 2017 | 0 Comments

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...

How to Hire a Military Defense Lawyer

Posted by Ernesto Gapasin | Jul 12, 2017 | 0 Comments

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...

Benefits of Hiring Professional Military Lawyers

Posted by Ernesto Gapasin | Jul 05, 2017 | 0 Comments

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...

Misbehavior Before the Enemy

Posted by Ernesto Gapasin | Sep 29, 2016 | 0 Comments

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...

Who Can Convene a Court-Martial?

Posted by Ernesto Gapasin | Sep 23, 2016 | 0 Comments

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...

Civilian Lawyers Specializing in Military Law

Posted by Ernesto Gapasin | Aug 18, 2016 | 0 Comments

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...

Court of Appeals for the Armed Forces

Posted by Ernesto Gapasin | Aug 08, 2016 | 0 Comments

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...

Court-Martial Lawyers

Posted by Ernesto Gapasin | Jul 28, 2016 | 0 Comments

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...

Punitive Articles of the UCMJ

Posted by Ernesto Gapasin | Jul 21, 2016 | 0 Comments

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...

Manual for Courts-Martial

Posted by Ernesto Gapasin | Jun 23, 2016 | 0 Comments

Anyone who understands the military knows that order, organization, and firm rules are defining features of the armed forces. Military personnel are held to a strict code of conduct, and soldiers are expected to treat their superiors with respect and obey the chain of command. As you might expect...

Malingering in the Military

Posted by Ernesto Gapasin | Jun 13, 2016 | 0 Comments

You might pretend to be sick to skip school or feign an injury to avoid soccer practice, but malingering in the military is a major crime. Malingering is described in Article 115 of the Uniform Code of Military Justice (UCMJ) as the following: “Any person . . . who for the purpose of avoiding wor...

Punishment for Going AWOL

Posted by Ernesto Gapasin | May 23, 2016 | 0 Comments

Failing to show up for work is never a good idea, whether you're a teacher, a nurse, a pilot, or an army private. In the military, it is actually a crime. Defined in Article 86 of the Uniform Code of Military Justice (UCMJ), unauthorized absence (UA) or absence without leave (AWOL) is a very comm...

Famous Court-Martial Cases

Posted by Ernesto Gapasin | May 11, 2016 | 0 Comments

Over the decades, there have been many significant courts-martial that broke boundaries and captured the public's attention. Although the cause for their notoriety varies, all of these famous court-martial cases are well known within the military justice system (as well as amongst the general pub...

Coast Guard Court of Criminal Appeals

Posted by Ernesto Gapasin | May 03, 2016 | 0 Comments

If you believe that your court-martial verdict is unjust, fight it! The military makes it easy for you to appeal the court's decision. In fact, following all special and general courts-martial, a review of the verdict and sentence is mandatory. The convening authority will review the case first, ...

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