MILITARY LAW BLOG
What a Mental Health Discharge Upgrade for Vets Means for Active Members
In April 2017, Iraq War veteran Stephen Kennedy filed a class-action lawsuit on behalf of about 50,000 soldiers. The settlement class includes members and former members of the Army, Army Reserve, and Army National Guard who served during the Iraq and Afghanistan wars and who: Were less-than-honorably discharged; Have not received a discharge upgrade; and … Read more
Why You Need a UCMJ Lawyer
Have you been accused of a crime while serving in the military? You may seek representation from a free UCMJ lawyer if your case is referred to a general court martial or special court martial. Knowing this, why would you seek other legal representation on your own? There are plenty of reasons to secure the … Read more
Understanding Article 112a
Drug offenses in the military fall under Article 112a of the Uniform Code of Military Justice (UCMJ). If you have been accused of dealing, distributing, or abusing drugs, it’s important to understand what punishments you may be facing. With a knowledgeable military lawyer by your side, you’ll have what you need to defend yourself against … Read more
What Constitutes a Conspiracy Charge?
Article 81 of the Uniform Code of Military Justice (UCMJ) covers the topic of conspiracy. If you have been accused of this crime, it’s important to understand what constitutes a conspiracy charge so you can begin building your defense. Elements of Conspiracy Conspiracy is a serious crime with potentially long-term ramifications. The UCMJ recognizes two … Read more
Breaking Down “Beyond a Reasonable Doubt”
When a legal case is brought forward, the outcome of that case depends on the prosecution’s ability to prove the defendant’s guilt. Different standards of proof may apply, depending on the jurisdiction and the type of legal action taking place. The three primary standards of proof include preponderance of the evidence, clear and convincing evidence, … Read more
Why Service Members Should Stay Silent When Arrested
If you have been arrested while serving in the Armed Forces, your military career and livelihood may be on the line. How well you know your rights and even how you conduct yourself immediately following your arrest could greatly impact how your case plays out. That’s why you should know about your right to remain … Read more
The Lack of Convictable Evidence in Military Sexual Assault Cases
Sexual assault in the military has been a problem for years. The Pentagon recently announced 6,236 reports of sexual assault in 2019, up 3 percent from 6,053 in 2018. It is also estimated that only one in four sexually assaulted service members report the crime. At the same time, the Defense Advisory Committee on Investigation, … Read more
Military Rape Cases Have No Statute of Limitations
On December 10, 2020, the US Supreme Court ruled that military rape cases occurring between 1986 and 2006 are no longer subject to a statute of limitations. This 20-year legal gray area has fluctuated between having and not having legal time limits for rape cases several times in recent years. What is a Statute of … Read more
Reviewing the Report of the Fort Cavazos (Fort Hood) Independent Review Board Findings
Under the direction of the Secretary of the Army, the Fort Cavazos (Fort Hood) Independent Review Committee (FHIRC) recently conducted a comprehensive assessment of the “Fort Cavazos (Fort Hood) command climate and culture and its impact, if any, on the safety, welfare, and readiness of our soldiers and units.” The committee’s report focuses largely on … Read more
The Military Justice System: Innocent Until Proven Guilty
The Air Force made history this November when it charged Maj. Gen. William T. Cooley with sexual assault, making him the first active Air Force general ever to be charged with a military justice crime. He could also become the first Air Force general to face a court martial if the preliminary hearing, scheduled for … Read more
How a DUI Affects Your Military Career
Military service members often spend much of their days operating vehicles, aircraft, and vessels. They are expected to control these machines responsibly and safely. Failure to do so could result in a criminal charge. Drinking and driving—whether on base in a military craft or off base in a personal vehicle—is a violation of Article 111 … Read more
What to Expect: Military Legal Defense in Sexual Assault Cases
Rape and sexual assault charges can be serious and life-changing for anyone, especially if you’re in the military. You risk losing your career, ranking, allowances, and pay if you are convicted. You may even have to register as a sex offender or end up in prison. Unlike civilians who are tried in civilian court, on-duty … Read more