Military Criminal Defense Archives | Joseph L. Jordan Attorney at Law

Dec 22 2020December 23, 2020

Reviewing the Report of the Fort Hood Independent Review Board Findings

Under the direction of the Secretary of the Army, the Fort Hood Independent Review Committee (FHIRC) recently conducted a comprehensive assessment of the “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 the Sexual Harassment/Assault Response …

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Nov 30 2020December 23, 2020

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 …

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Oct 16 2020

Understanding the MINOR Act

If a juvenile commits sexual assault against another minor on a military installation, who has the jurisdiction to prosecute? The federal government has exclusive legislative jurisdiction on many military installations because these are considered federal properties. As a result, local prosecutors lack the legal authority to apply state juvenile delinquency laws to minors living on …

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Sep 18 2020

Understanding Manslaughter Charges

When serving on the front lines, military servicemen and women may face the difficult responsibility of killing enemy soldiers on the battlefield. This type of killing is lawful because it is done against a hostile force during a war. However, when done without legal justification or excuse, killing a fellow human being is against the …

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Jun 30 2020July 28, 2020

What Will a Drug Charge Do to Your Military Career?

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 …

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Jun 17 2020

Understanding the Court Martial Process

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 …

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May 15 2020May 5, 2020

Could the Former Captain of the USS Theodore Roosevelt Face Charges?

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 …

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Court room with American flag in the corner

Apr 30 2020April 27, 2020

Non-Unanimous Jury Verdicts Are Still Allowed in Courts-Martial Cases

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 …

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Judge's gavel with American flag and open book in background

Jan 10 2020April 11, 2020

NAVY-MARINE CCA REVERSES SEXUAL ASSAULT CONVICTION DUE TO “FACTUAL INSUFFICIENCY”

In United States v. Gilpin, the sexual assault conviction is reversed by the Navy-Marine Corps Court of Criminal Appeals (CCA). According to the CCA’s review, the conviction was based primarily on testimonies from the alleged victim, which were deemed “factually insufficient.” The victim claimed they had been unconscious due to heavy intoxication while the accused sexually assaulted them, …

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Dec 6 2019April 11, 2020

Mass Arrest Of Marines In Battalion Formation Ruled As Unlawful Command Influence

In July, 16 Marines stationed at Camp Pendleton were arrested while about 800 other military service members joined in a battalion formation. The commanding officer of the battalion asked the Marines to come forward and held a red folder, which is usually used in ceremonies to award service members. Instead of awarding them, though, the …

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