MILITARY LAW BLOG
Can You be Charged Under the UCMJ After Discharge?
The Uniform Code of Military Justice (UCMJ) has defined and punished military crimes since its inception in 1950. It’s usually reserved for charging active-duty service members, but the code also allows certain retirees to be court-martialed. Now, certain legal cases are challenging the longstanding rules, which could have significant ramifications for military veterans. Who Does … Read more
What are the Different Types of Military Discharge?
Most people are familiar with the two main types of military discharges—honorable and dishonorable—but there are numerous others as well. Most discharges are administrative, while others are punitive, related to medical conditions, or for the government’s convenience. Understanding the nature of your specific discharge can help you understand how it might complicate your ability to … Read more
What are the Differences in Military and Civilian Court Cases?
Are you a military service member who has been accused of committing a crime? While certain activities are illegal under both martial and civilian law, the military has a different set of codes, processes, and penalties for dealing with crimes. If you’re facing a military trial, it’s important to familiarize yourself with the differences in … Read more
What are Your Rights When Investigated by CID or NCIS?
Have you been contacted by CID, NCIS, or another military investigative organization? As soon as you learn you are being investigated for a crime while serving in the military, you should contact an attorney to defend your rights and guide you through the legal process. In the meantime, learn more about your rights as a … Read more
Do Military Personnel Need to Follow the COVID Vaccination Order?
Our brave men and women in uniform have dedicated themselves to protecting the country against grave threats to national defense. The question on everyone’s minds is whether military personnel should be required to get the COVID-19 vaccine to guard against a microscopic threat to their personal health. And once a full mandate is in place, … Read more
An Officer’s Guide to AR 15-6 Investigations
Investigating officers are appointed under the provisions of Army Regulation (AR) 15-6 to conduct timely, thorough, and legally sound inquiries. AR 15-6 investigations are specifically designed to be informal, though some provisions are also applicable to formal investigations. For the purposes of this guide, only informal investigations will be discussed. Who Can Serve as an … Read more
Recommended Changes to Sexual Assault Prosecutions for 2023
The military justice system isn’t set up to effectively handle sexual assault, sexual harassment, domestic violence, and other sensitive cases. That’s why an Independent Review Commission (IRC) out of the Pentagon has recommended 28 main changes and 54 sub-recommendations to fix the way sexual assault and related crimes are prosecuted in the military. While the … Read more
Facing Court-Martial after Dealing with CPS
The Killeen Daily Herald has reported the story of Staff Sgt. Sandy Marquis, who is now facing a court-martial over an old Child Protective Services (CPS) case. The article gives the years-long background to the current case and explains that Marquis believes she is being targeted for reporting instances of sexual misconduct to the authorities … Read more
What Could Passing the Military Sexual Assault Reform Bill Mean for the Accused?
After eight years of attempting to pass a military sexual assault reform bill, it appears the legislation finally has enough support to pass in the Senate. Senator Kirsten Gillibrand (D-NY) and Senator Joni Ernst (R-Iowa) co-authored the bill, which is backed by 61 senators on both sides of the aisle. This level of support means … Read more
Breaking Down Article 134 – Kidnapping
Does the military suspect you of seizing and confining someone against their will? Perhaps law enforcement has even insinuated that they have all the evidence they need to put you behind bars. If you’re being accused of kidnapping under Article 134 of the Uniform Code of Military Justice (UCMJ), you need expert legal representation to … Read more
Navigating the Types of Court Martial
If you’re a service member in the US Armed Forces, chances are you’re familiar with the term “court martial.” This is the military’s court of law, which hears cases against service members charged with violating the Uniform Code of Military Justice (UCMJ). The three types of courts martial—summary court martial, special court martial, and general … Read more
What is an Article 119 Charge?
Article 119 of the Uniform Code of Military Justice (UCMJ) is one of the most violent crimes a person can be charged with while serving in the military. If you have been accused of manslaughter, this means the prosecution has already had time to gather evidence and testimony supporting their claims. Joseph L. Jordan, Attorney … Read more