Ei Incumbit Probation Qui Dicit.

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Joseph L. Jordan, Attorney at Law travels across the globe to assist in military criminal defense matters.

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A Third FACA Committee Created Oversee Military Justice Regarding Sex Crimes

The Federal Advisory Committee Act (FACA) has added a third committee to its number of federal advisory groups, the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual ...
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MRE 414 in Child Molestation Cases & How It Impacted U.S. v. Fetrow

In the average criminal defense case, one can expect that the defendant will be tried based only on evidence pertinent to the crime immediately in question. That is to say, for example, someone being ...
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Retired Service Members are Still Service Members, Says NMCCA

The Navy-Marine Corps Court of Criminal Appeals (NMCCA) has reaffirmed through a recent ruling that a military service member never truly retires from the Armed Forces. Through its comments on United ...
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Marine Corps Social Media Policy Paints Cyberbullying as Illegal

Cyberbullying has recently been elevated from a frowned-upon behavior to a crime in the eyes of the United States Marine Corps. The military branch has updated its social media policy to consider ...
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Survey Says Sexual Assault & Misconduct Up at Navy, Army Academies

An anonymous survey reviewed by The Associated Press has uncovered that sexual assault and sexual misconduct reports increased at both the Navy and Army Academies in 2016, compared to a similar report ...
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Prohibited Online Misconduct Among Army Members Can Be Penalized

The United States Army has recently released a policy update to encourage the professionalization of online conduct and the telling of “the Army Story.” The update applies only to the Army ...
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New Trial Granted to Air Force Member After Favorable Evidence Appears

In Cook v. United States, a panel of three judges representing the Air Force Criminal Court of Appeals (CCA) has chosen to permit a new trial based on the discovery of new evidence that could change ...
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Marine Corps Controversy Ignites After Nude Pics of Female Marines are Leaked

The United States Marine Corps (USMC) has found itself in the center of a scandal after it was recently revealed that male Marines had been sharing nude and private photographs, videos, and other ...
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Acquittal Doesn't Rule Out All Facts, Affirms U.S. v. Rosario

The Court of Appeals for the Armed Forces (CAAF) ruled to reaffirm the Navy-Marine Corps Court of Criminal Appeals (CCA) decision of United States v. Rosario. The case ended in a conviction and ...
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Lack of Probable Cause Reverses Guilty Plea in U.S. v. Nieto

The Court of Appeals for the Armed Forces (CAAF) decided the appeal motion for United States v. Nieto recently. The case regarded a military investigator’s search authority and whether or not it ...
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Military Judge Calls Trump's Comments on Bergdahl "Disturbing"

The Bergdahl desertion case is currently up-in-the-air after the former-Sergeant Bergdahl’s defense attorneys argued a fair trial was now impossible due to repeated statements from Donald Trump ...
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U.S. v. Muwwakkil: Missing Evidence Leads to Case Controversy

United States v. Muwwakkil represents a particularly interesting military defense case, in that an entire piece of evidence was stricken from the record due to the government’s negligence, and ...
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U.S. v. Bowen Rehearing Authorized Due to Use of "Excited Utterance" Proof

The Court of Appeals for the Armed Forces (CAAF) has concluded that United States v. Bowen was decided incorrectly due to the presiding judge’s abuse of discretion and erroneous judgement. ...
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Bergdahl's Defense Attorneys: Trump Comments Make Fair Trial Impossible

Military prosecutors have promised to provide Bowe Bergdahl a fair trial after he was charged with desertion during a tour in Afghanistan. Concerns over the ability to grant Bergdahl an unbiased trial ...
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When Housebreaking Doesn't Require Walls or Ceilings

Today, our military criminal defense attorney takes a look at a recent case with a seemingly strange assertion (and the appeal that repaired it). This past Friday, Army Specialist (E-4) Nathan Wilson ...
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Chelsea Manning to Be Released 28 Years Early

Whistle-blowing is a nickname for a legal case where an employee or citizen reports on the illegal activities of a superior. Whistleblowers are usually granted immunity from prosecution or retaliation ...
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CAAF to Consider How 4th Amendment Applies to Computer Searches

The Court of Appeals for the Armed Forces (CAAF) granted review of issues posed by United States v. Richards. CAAF will consider how the particularity requirement presented in the Fourth Amendment ...
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Bergdahl Prosecutors Barred from Using Wounds

In what was a significant ruling in the trial of Army Sgt. Bowe Bergdahl, the prosecution has been barred from using the wounds dealt to service members while searching for him as evidence in the ...
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Bergdahl "Responsible for Certain Amount" of Dangerous Missions

Army Col. Jeffery Nance, the judge in the case of Sgt. Bowe Bergdahl, said this week that Bergdahl does bear some responsibility for the dangerous search missions that were launched in the wake of his ...
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Army Court of Criminal Appeals Re-examines Hills Decision

Earlier this year, we wrote about the United States v. Hills decision—an impactful United States Court of Appeals for the Armed Forces determination that prior criminal charges could not be used ...
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Federal Court Vacates Marine Discharge in Controversial Case

A federal judge has determined that the Department of the Navy erred when it honorably discharged Major Jason Brezler in a controversial case of mishandling classified information. U.S. District Judge ...
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Understanding "Sextortion" in the Military

"Sextortion" is the name that investigators have been a particular type of cyber-crime that a growing number of U.S. military servicemembers has fallen victim to. Essentially, sextortion is ...
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JSC Clarifies Article 134 Definitions, Disjunctives

The Joint Service Committee on Military Justice (JSC) has released new supplementary material for the Manual for Courts-Martial (MCM) that could have a significant effect on Article 134 trials. The ...
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How Does Trump's Election Affect the Bergdahl Case?

Out on the campaign trail, Donald Trump singled out Sgt. Bowe Bergdahl numerous times as a "traitor" who deserved severe punishment for his alleged cooperation with Taliban forces during his ...
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Senator McCain's Comments Did Not Influence Bergdahl Case

This week, Army Col. Jeffery Nance ruled that prior comments from Senator John McCain did not influence the decision to prosecute Sgt. Bowe Bergdahl for his 2009 disappearance from a remote Army base ...
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