MILITARY LAW BLOG
Special Court-Martial: Navigating Disciplinary Actions and Consequences
The military operates under the Uniform Code of Military Justice (UCMJ), setting service members apart from civilians. If you are accused of a crime, your case might proceed to a court-martial, the military’s criminal court of law. There are three primary types of court-martial: summary, special, and general. This article delves into the medium-level military … Read more
Defending Against Charges of Indecent Exposure in the Military
Facing charges of indecent exposure under the Uniform Code of Military Justice (UCMJ) can be overwhelming for service members. Just what is indecent exposure, how severe are the punishments, and what defenses are available? The information here should provide everything you need to defend yourself against this accusation. The Definition of Indecent Exposure Under the … Read more
What Happens If a Military Member is Titled?
When a military service member is accused of a crime under the Uniform Code of Military Justice (UCMJ), it triggers a complex and often misunderstood process called “titling and indexing.” Every service member facing criminal accusations should understand this process, its implications, and the pathways to amend or challenge a titling decision. The Case of … Read more
Article 120 vs. Article 125: What’s the Difference between Rape and Sodomy?
Understanding the legal framework of military law is crucial for service members accused of serious crimes under the Uniform Code of Military Justice (UCMJ). Article 120 and Article 125 are easily confused, as they both deal with sexual activities, but they have unique definitions, prosecution standards, and penalties. Learn the differences between these two sections … Read more
Article 120b: Exploring Sexual Misconduct with Minors in the Military
In the military, maintaining discipline and upholding the law is as crucial as defending the nation. This is particularly true when it comes to serious offenses like sexual misconduct involving minors. Article 120b of the Uniform Code of Military Justice (UCMJ) specifically addresses the rape and sexual assault of children, reflecting the military’s commitment to … Read more
The Importance of Legal Representation for Service Members
Facing legal challenges within the military justice system can be daunting. If you have been accused of a crime, you need specialized legal experience to help you understand the intricacies of military law and the potential ramifications if you are convicted. Discover why it’s so important for military service members to secure competent legal representation … Read more
Article 120: What’s the Difference Between Sexual Assault and Sexual Contact?
The military takes all sex crimes very seriously. Article 120 of the Uniform Code of Military Justice (UCMJ) outlines specific definitions and consequences for different types of sexual misconduct, including sexual assault and sexual contact. If you have been charged with an Article 120 violation, the information here will help you understand exactly what you’ve … Read more
What Happens If You’re Accused of Sexual Assault in the Military?
Facing sexual assault accusations in the military is a profound situation with far-reaching consequences for your career, reputation, and personal life. Understanding the legal process, the potential punishments, and steps to defend yourself against such claims is crucial. Here’s what to expect if you’re accused of sexual assault under the Uniform Code of Military Justice … Read more
The Army’s Quest for “Yes Men”: A Concerning Trend in Military Defense
The recent firing of Brig. Gen. Wells from the newly created position of top prosecutor to handle sexual assault and misconduct cases has raised eyebrows and sparked concerns within the legal community. The decision to remove Wells, made by the Army Secretary within hours of receiving an email Wells sent 10 years ago, paints a … Read more
What is the Military’s Version of Miranda Rights?
The phrase “You have the right to remain silent” has become synonymous with arrests, thanks to countless portrayals in films and television. The right to remain silent is a powerful one, both in civilian and military contexts. It’s one of the Miranda rights granted to arrested civilians, making it a crucial part of the US … Read more
Can You Join the Military with a Misdemeanor?
When it comes to military enlistment, the criminal background check holds significant weight. Joining the US Military, revered for its high ethical and moral standards, calls for thoroughly vetting every applicant’s history. Such rigorous scrutiny may have you wondering—can a misdemeanor on your criminal record ruin your military ambitions? The short answer is that a … Read more
What is the Statute of Limitations for Article 120 of the UCMJ?
Understanding statutes of limitations can be complicated, especially when it comes to the military’s Uniform Code of Military Justice (UCMJ). Yet, it’s crucial to realize your legal accountability as a service member accused of a crime. Let’s demystify the statute of limitations for Article 120 of the UCMJ to give you a better understanding of … Read more