A drug charge is a serious offense for anyone, but if you’re in the military, the sentence may be especially harsh. After all, military service members are held to a high standard and may be punished severely if found guilty. If you recently tested positive for illegal drugs or have been implicated in the possession …
What Will a Drug Charge Do to Your Military Career? Read More »
If you are a military service member who has been accused of or arrested for a crime, you may now be facing a court martial. These criminal proceedings are reserved for members of the military. As such, military law applies, not the federal criminal code. While the two are similar—including the fact that the accused …
The general public is familiar with only two types of military discharges: Honorable and Dishonorable. However, there are many others, which may be punitive or administrative in nature, related to medical conditions, or for the convenience of the government. Your discharge may matter very little to a civilian employer, but your eligibility for state and …
How Our Team Can Assist with a Discharge Upgrade Read More »
The Navy’s top admiral, Mike Gilday, will soon decide the fate of Navy Captain Brett Crozier, the former commanding officer of the aircraft carrier USS Theodore Roosevelt. Then-acting Navy Secretary, Thomas Modly, fired Crozier on April 2 after Crozier emailed more than 20 people outside his chain of command explaining the dire situation regarding his …
Could the Former Captain of the USS Theodore Roosevelt Face Charges? Read More »
Americans place a strong emphasis on their constitutional rights and the importance of a fair legal system. In 48 states and federal court, the vote from a single juror to acquit a defendant is enough to prevent a conviction. But in Louisiana and Oregon, people have been punished on a 10-to-2 or 11-to-1 verdict since …
Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases Read More »
The Uniform Code of Military Justice (UCMJ) is the military’s code of law. It covers everything from minor infractions to serious felonies. Article 120 relates specifically to sexual misconduct, including sexual contact, assault, and rape. Sex crimes always receive harsh punishments, but the sentence could be even more severe if you are enlisted in the …
Understanding and Defending Against Allegations of Article 120, Sexual Assault Read More »
The U.S. Army Court of Criminal Appeals (CCA) recently ruled that a military judge’s failure to disqualify himself from a case was grounds to reverse the verdict and authorize a rehearing. It stated that the judge’s inappropriate relationship with the prosecutor’s wife undermined “public confidence in the judiciary and military justice system.” STAFF SERGEANT APPEALS …
MILITARY JUDGE’S RELATIONSHIP GROUNDS FOR COURT-MARTIAL REVERSAL Read More »
In a not so surprising turn, the en banc Navy-Marine Corps Court of Criminal Appeals (NMCCA) reversed a previous decision that stated that Articles 2(a)(4) and 2(a)(6) violate the due process clause of the Fifth Amendment. The current ruling finds that the jurisdictional schemes of the Uniform Code of Military Justice (UCMJ) apply differently to Fleet Reservists …
NMCCA REVERSES DECISION REGARDING COURT-MARTIAL JURISDICTION OF FLEET RESERVISTS Read More »
PANEL RELEASES REPORT ADDRESSING ISSUES IN NAVY AND MARINE CORPS JAG COMMUNITIES In August of 2019, Richard Spencer, who at the time was the Secretary of the Navy, ordered a review of the Navy Judge Advocate General’s Corps (JAG Corps) and the Marine Corps Judge Advocate (JA) to uncover organizational and procedural issues contributing to …
PANEL RELEASES REPORT ADDRESSING ISSUES IN JAG COMMUNITY Read More »
The Army Court of Criminal Appeals (CCA) recently announced that the Army regulation that prohibits underage drinking – AR 600-85, 3-2c – is not punitive. In other words, the regulation may prohibit underaged service members from drinking alcohol, but it does not raise any punitive charges if the regulation is violated. Army CCA judges found …
ARMY CCA SAYS UNDERAGE DRINKING NOT DEFINED AS PUNITIVE Read More »
