Denver, CO Martial Law Blog

Tuesday, June 20, 2017

Combatting Racial Discrimination in the Military Justice System

Q: Is there racial discrimination in the military justice system?

Being accused of a crime is a stressful experience. Your reputation, career, freedom, and even your life maybe on the line depending on the nature of the charges brought against you. The substantial differences between the civilian and military justice systems-- and the severity of the potential punishments you may be facing--make hiring a court-martial defense attorney who is in an experienced civilian military defense attorney more important than ever.
Read more . . .

Sunday, June 18, 2017

Navy SEAL Claims Unlawful Command Influence Impacted Court-Martial Outcome

Q: Can I appeal a court-martial sex assault conviction due to unlawful command influence?

Military sexual assault appeal attorneys have their work cut out for them because such convictions are serious and lead to harsh penalties which include prison time and dishonorable discharge.

In recent years the military has cracked down hard on sexual assault and numerous revisions and amendments to the Uniform Code of Military Justice (“UCMJ”) have made it easier to obtain convictions. That's why it's important for those defending a court-martial for sexual assault or for those appealing such a conviction to get an independent civilian attorney with military trial experience.
Read more . . .

Monday, May 29, 2017

Reining in “Revenge Porn” in the Military

Q: Is the wrongful distribution or broadcasting of intimate images by military members criminally punishable?

We've all heard the expression about those facing criminal charges having "the book thrown at them". Well, for Navy and Marine Corps members "the book" just got a little bit bigger as the distribution of nude or intimate photos without permission has been added as a criminal offense violation of which may require a court-martial defense.

An interim update to the official book of Navy regulations prohibiting what's known as “revenge porn” has been added in pending its next publication and applies to members of both the Navy and Marine Corps.
Read more . . .

Saturday, May 27, 2017

Military Sexual Assault Charges Can Cross International Borders

Q: Can a soldier based in one country be charged with sexual crimes allegedly committed in another country?

A prospective court-martial for sexual assault, voyeurism, and other serious charges allegedly committed by a corporal in the 5th Canadian Division Support Base, Gagetown (“5CDSB”) involves not only two alleged victims, but spans two different countries. In an effort to protect the identities of the two member victims, all identifying information including their ages, ranks, and genders have been withheld.

The alleged victims were both members of the Canadian Armed Forces in Washington and Esquimalt, B.
Read more . . .

Sunday, April 30, 2017

Beating a Court-Martial for Rape

Q: Are there mandatory minimum sentences for sexual assault offenses if convicted?

Article 120 of the Uniform Code of Military Justice (“UCMJ”) governs the multiple types of sexual assault in the military. In recent years, military sexual assault policies have undergone many changes and that has led to more service members being charged and longer, harsher punishments and additional penalties for those who are convicted.

Soldiers convicted of sexual assault offenses face mandatory minimum sentences such as dismissal or dishonorable discharge.
Read more . . .

Thursday, April 27, 2017

Making Desertion Charges Disappear

Q: Are Donald Trump’s alleged “dirty rotten traitor” and other disparaging remarks grounds for dismissal of desertion charges against U.S. Army Sergeant Bowe Bergdahl?

Court-martial defense attorneys representing U.
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Wednesday, March 29, 2017

West Point Drug-Dealing Probe: Cadet Toll Rises to Seven Charged

Q: What kind of disciplinary action do military cadets face for drug charges?

For several months, a probe has been ongoing into suspected military drug crimes at the US Military Academy in West Point. The list of cadets facing charges continues to rise with a seventh cadet being recently added.

Two of the six cadets initially charged will face Read more . . .

Sunday, March 26, 2017

Military Child Porn Case: Hard Drive Leads to Hard Time

Q: What are the possible punishments for possessing child pornography in military court?

In military court, the potential punishments upon a guilty plea or conviction in a child pornography court-martial case can be severe. In addition to confinement, the soldier may face dishonorable discharge and loss of all veteran’s and military benefits.

With their reputation, career, family life, freedom, and financial future on the line, accused soldiers would be wise to consult an experienced civilian Read more . . .

Tuesday, February 28, 2017

Defending a Sexual Assault on a Child in Military Court

Q: What is the age of sexual consent under military law?

A highly–decorated military police officer assigned to the 759th Military Police Battalion at Fort Carson, in Colorado was arrested and charged with a crime involving a minor--sexual assault on a child under the age of 15.

Because the soldier’s entire future rests on a successful court martial defense against these charges, he’d be wise to engage the services of an independent, highly-experienced, civilian Child-Related Military Criminal Defense attorney.

The 26-year-old officer has been in the military for 7-1/2 years and has reportedly received 11 awards, including two Army Good Conduct Medals, Army Commendation Medal, National Defense Service Medal, Afghanistan Campaign Medal with Campaign Star, Global War on Terrorism Service Medal, NATO Medal, Combat Action Badge, and more.
Read more . . .

Sunday, February 26, 2017

Is There Life After a Court Martial?

Q: What kind of life can I hope for after a court martial?

When you're a member of the military and facing a court-martial, it's natural to be nervous and worried about the future, especially if you plan to rely on an overworked and often inexperienced free military defense lawyer. Depending on the type of court martial and the charges levied against you, a conviction could result in such punishments as a reprimand, a discharge, confinement, or even death.

Even if you feel more confident because you have an experienced civilian court-martial defense attorney by your side, it’s natural to wonder: Is there life after a court martial?

Recent news reports in Colorado political circles indicate that there most certainly can be life after a court-martial or administrative separation—sometimes within the military and other times after separation.
Read more . . .

Tuesday, January 31, 2017

Colorado’s Veterans Treatment Courts Assist Struggling Veterans

What should I do if I am a veteran struggling to adjust to civilian life?

Specialized courts across Colorado are assisting struggling veterans with transitioning back to civilian life.  Veterans Treatment Courts have opened in a handful of Colorado’s judicial districts.  They provide veterans, especially those with substance abuse issues, a second chance.  Funded through the state and with the help of grants, Veterans Treatment Courts provide an alternative to incarceration for United States military veterans suffering from trauma spectrum disorders and/or substance abuse issues.  This innovative court system has had remarkable success in reintegrating our honored veterans back into society.

Read more . . .

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