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Military Criminal Defense




Recent Posts in Military Criminal Defense Category

  • Choosing a Civilian Attorney for Your Military Defense Case

    Military service members that have been accused and charged with some sort of crime that will go to court-martial are given the option to use an appointed defense counsel, just as if they had been charged in civilian court. While this choice may seem tempting due to fact that there are no legal fees involved, it is generally not the best solution for someone who really wants to protect his or her ...
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  • What Does a Military Jury Trial Consist of?

    The military jury trial is not at all similar to what we see in civilian life. The jurors in the military are called “court members” and they are all military personnel. In a General Court-Martial , there must be at least 5 members; in a Special Court-Martial , there must be at least 3 members. All members must be commissioned or warrant officers. If the accused is an enlisted person, the accused ...
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  • A New Bill May Prevent Less than Honorable Discharges for PTSD

    For those in the military, service can come at a tremendous cost. One study by the RAND corporation estimates that at least 20% of Iraq and Afghanistan veterans have post-traumatic stress disorder (PTSD) or severe depression. Other sources indicate that this percentage may be higher. Unfortunately, returning veterans are not always able to get the medical care that they have worked hard for and ...
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  • The Court Martial Process - What You Need to Know

    A member of the military and any branch of the armed forces of the United States will be subject to a court martial if they are accused of committing a crime or a serious violation of the Uniform Code of Military Justice (UCMJ). Some criminal offenses that require court martialing are quite similar to civilian offenses, such as sex crimes or illegal drug use ; others are specific to a life in the ...
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  • Good Soldier Defense Eliminated in Court Martial Proceedings

    Throughout the history of military criminal law , military defense lawyers have long relied on the strategy of emphasizing a defendant’s moral character. Known as the “good soldier” defense, this strategy highlights a service member’s record of conduct and professionalism as a means of showing that the accused is morally incapable of committing the crimes of which they stand accused. However, due ...
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  • Navy Bans Alcohol Use in Japan After Officer Causes Crash

    Okinawa and all of Japan has been on edge in recent months after a series of scandals and incidents cast the United States military presence there in a negative light. Most recently, Petty Officer Aimee Mejia injured one local after causing a car accident due to her intoxication behind the wheel. After a night of off-base drinking, Mejia collided with two other vehicles; authorities report her ...
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  • How Long Does a Military Trial Usually Last?

    The military justice system generally speaking is far more streamlined and efficient than the civilian system. While civilian trials may wait years in busy jurisdictions before being heard, military justice system trials will frequently be much more efficient. There are however cases where the investigation may seem to drag out for an extended period of time before charges are formally initiated. ...
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  • An Examination of the Bowe Bergdahl Desertion Case

    The high-profile court-martial case of Sgt. Bowe Bergdahl is set to take place between August 8 th and August 19 th , 2016. Bergdahl faces charges of desertion and misbehavior before the enemy after leaving a military base in eastern Afghanistan in June 2009. Shortly after his alleged desertion, Bergdahl was captured by Taliban militants and spent the next five years being tortured in captivity ...
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  • When Military Members are Arrested for Public Intoxication

    Sometimes, when military service members choose to relax on their off-days, alcohol consumption is involved. While we can all understand a service member’s want to rest and relax, and agree that they certainly deserve this opportunity, matters can quickly get out of hand if there is excessive consumption of alcohol. Out of all the reasons a military member could face either civilian or military ...
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  • Understanding the Charges of Adultery in the Military

    Under the Uniform Code of Military Justice (UCMJ), it is a punishable criminal offense for a service member to engage in adultery. The act of adultery is defined as a situation where a service member engages in sexual relations with someone other than his or her spouse. A soldier who is single and has sex with a married person is also considered to be adulterous. These acts are considered to be of ...
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  • New Military Sex Crimes Reporting System for 2016

    A new reporting system is set to launch in mid-2016 that will increase the government’s and the public’s ability to track military-based sex offenders. The United States Department of Defense (DOD) will be required to report names of military sex offender convicts to the Department of Justice (DOJ) federal sex offender database. From there, it can be passed on to any number of publically ...
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  • The Three Categories of a Court Martial

    Did you know that there are three different types of military courts-martial? The concept of court-martial law is foreign to many, as this legal process can be extremely complex at first glance. To help clear up some confusion, our firm has detailed the differences between the three levels of courts-martial and what each type means for you. Basic or Summary In a basic or summary court-martial, the ...
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  • DOD Efforts to Reduce Sexual Assault Deemed Inadequate

    According to a report from the Government Accountability Office (GAO) that was submitted to the House of Representatives and the Senate Armed Services Committees, the Department of Defense (DOD) has not done nearly enough to reduce the prevalence of sexual violence within the military. While the Pentagon has been making strides to eliminate sexual assault for about a decade, it appears that these ...
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  • What to Do if You Are Accused of "Going AWOL"

    As a service member in the U.S. military, you are obligated to fulfill your duties of service. Unfortunately, desertion is a serious problem and the U.S. Armed Forces does not look kindly on those charged with absence without leave (AWOL) . If you were accused of this offense, you may be fearful as you consider the potential consequences that await you. Not every AWOL charge is the same, however, ...
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  • What are the Effects of an Article 15?

    A court-martial is an extremely serious military proceeding that can result in the loss of many things, including your military career and your rank. In some cases of misconduct, however, it may be possible for a military commander to give an Article 15 instead of a court-martial. While this may be in your best interests, it is important to understand the details of an Article 15 and how it can ...
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  • Military Sexual Assault Cases - The Other "Victim"

    In every military sex assault case I handle, I file a motion to prevent the Government from using the word "victim" in reference to the complainant. Although this might seem petty in the scope of the assorted issues I usually deal with in a sex assault case, in actuality, it can be an extremely critical part of my trial strategy. This past week I represented a young soldier accused of wrongfully ...
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  • Navy Master Chief Found NOT GUILTY of Domestic Abuse

    We frequently represent military personnel in state, federal and military court-martials on charges of domestic violence. A conviction of a domestic violence offense has lifelong implications and can quickly bring to an end what has otherwise been an outstanding military career. The Domestic Violence Amendment to the Gun Control Act of 1968, commonly referred to as the Lautenberg Amendment, makes ...
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  • How Do I Resolve an AWOL Case?

    Are you accused of going AWOL ? The consequences can be significant if you do not have legal representation to assist you to defend against the accusation. Both AWOL and desertion are serious crimes, and under the UCMJ, the penalties imposed can be significant, particularly if an officer is accused of deserting a post. If you, as a member of the Armed Forces, fail to go your appointed place of ...
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  • Dealing with Accusations of Violations of National Security

    It is extremely dangerous to be facing accusations related to violations of national security . The sentences imposed can be significant, and for many breaches of national security cases, can lead to decades served in prison. These cases can be difficult to defend, as gaining access to the material which is involved in the case is an issue that must be resolved. There is often the requirement that ...
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  • How to Appeal a Court Martial

    Were you wrongfully convicted or sentenced in a court martial ? You have the right to appeal. The process of seeking an appeal must be carefully managed by a legal professional with extensive knowledge and experience with the military justice system as well as the appeals process. Your request for appeal will be submitted to the Court of Criminal Appeals. There are only certain facts that are ...
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  • Difference Between an OTH and a BCD

    We have been consulted and retained by many service members who are facing administrative separation proceedings. Frequently our clients ask what the difference is between an OTH and a BCD. A Bad Conduct Discharge is a punitive discharge that can only be imposed by a General or Special Court-Martial. An enlisted administrative separation board, or officer Show Cause Board of Inquiry (BOI) can ...
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