What Happens to Military Deserters?

Military deserter

Failing to report for military duty is a serious offense carrying severe penalties up to and including capital punishment (the death penalty) for desertion during wartime. The Uniform Code of Military Justice (UCMJ) covers three charges relating to failure to report for duty—desertion, absence without leave (AWOL), and missing movement. Being absent without leave for … Read more

Settlement to Review Thousands of Navy and Marine Corps Discharges

Marine Corps

Military service members often experience more than their fair share of trauma while serving their country. Unfortunately, the resulting post-traumatic stress disorder (PTSD), traumatic brain injuries (TBI), military sexual trauma (MST), and other behavioral and mental health conditions can lead to misconduct that garners wrongful military discharges. This is the argument Iraq War veteran Tyson … Read more

How Does Pretrial Confinement Work for Military Members?

When a person is charged with a crime, the judge may order pretrial confinement. The military version of pretrial confinement shares some similarities to civilian rules, but there are some notable differences. By understanding how pretrial confinement works for military members, you’ll know what to expect if this has been imposed on you. How Pretrial … Read more

Can Military Members Face Double Jeopardy?

Military service members have different rights than civilians. Still, they are protected under the Fifth Amendment of the US Constitution, which states: “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb.” This means no one can be charged more than once for the same crime. However, … Read more

Do Military Members Have First Amendment Rights?

U.S. military service members have always operated under different rules than civilians. The military’s special system of laws—known as the Uniform Code of Military Justice (UCMJ)—employs its own regulations for prosecuting and punishing violators, which often includes a court-martial. Many military crimes are not punishable under civilian law, and the rights of military service members … Read more

Can You be Charged Under the UCMJ After Discharge?

Judge ruling on UCMJ.

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?

Photo 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?

Photo of a court room.

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

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