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...
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...
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...
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...
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...
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, ...
Although a court-martial verdict may feel like the end of the line, the appeals process in the military is actually quite extensive. Special and general courts-martial are reviewed automatically by the convening authority (who can reduce the sentence or charge), and if that re-examination doesn't...
A verdict is not always the end of a court-martial case. Special and general courts-martial are always automatically reviewed by the convening authority (i.e., the person who convened the court-martial in the first place). Amongst other important duties, this person has the right to reduce the se...
As we discussed in a recent blog post, many court-martial verdicts are automatically reviewed. In fact, special and general courts-martial are always reviewed by the convening authority, who can reduce the sentence or charge but not increase it. However, if you would like to appeal the results of...
In the armed forces, desertion describes the crime of abandoning the military with the intent to permanently leaved the armed forces. It also applies to someone who deserts in an attempt to evade a critical service or avoid a high-risk duty. The intent of the accused isn't just a detail; it is th...
