Denver, CO Martial Law Blog

Tuesday, May 15, 2018

The Court-Martial Appeals Process

A court-martial is a court that tries armed service members who have been accused of breaking military laws. There are three types of court-martial—summary, special, and general—and the decisions of each of these courts may be appealed. Below are overviews of the summary, special, and general court-martial appeals processes.

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Friday, May 11, 2018

Air Force Exposes Alleged Penis Picture Club

Q: Is a court-martial or an administrative hearing appropriate for charges of conduct unbecoming an officer?

Service members who perform their duties in a brave and/or honorable manner often receive awards or commendations in recognition.

But sometimes, alleged conduct unbecoming garners awards, too—such as T-shirts, coins, and other prizes depicting a rooster. At least that's what Air Force investigators claim a group of 80+ active and retired service members could win after completing "a series of different poses and other acts" related to posting penis pictures and/or videos to a private online group. Now the officer may need

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Thursday, April 12, 2018

Commissioned Officer in San Diego Accused of Domestic Violence and Adultery What should you do if you’re court-martialed?

Capt. Jameson P. Hustek, a commissioned officer at Marine Corps Art Station Miramar in San Diego, California is being sent to court-martial after being accused of several serious offenses. Not only does he stand accused of physically attacking his wife on several occasions. He is also charged with multiple counts of adultery.

Read more . . .

Thursday, April 5, 2018

Representing Yourself at a Court Martial

Q: Can service members represent themselves in a court martial for murder?

Service members in need of a skilled court-martial defense attorney for murder and homicide-related charges generally decide between two options: a free attorney assigned from the military defense counsel or a skilled civilian military defense attorney.

Such serious charges come with the most serious punishments if convicted. Having an independent, civilian military defense attorney with a Read more . . .

Wednesday, March 21, 2018

Mandatory Minimum Sentencing in Military Sex Assault Cases

Q: What is the mandatory minimum sentence for military sex assault convictions?

If an Army attorney with special victim prosecutor experience hires a skilled civilian military defense attorney to defend him, rather than trusting his fate and future to a free military court-appointed defense attorney, there is likely good reason to do so.

Because the government has instituted mandatory minimum sentences for sexual assault offenses, it's particularly important to hire a skilled Read more . . .

Thursday, March 15, 2018

What is a Court-Martial?

A court-martial is a judicial court that tries members of the armed services who have been accused of breaking military laws. The Uniform Code of Military Justice outlines three court-martial types. These types of court-martial—summary, special, and general—differ in a number of ways, including the types of punishments that they may impose. Below is an overview of the three types of court-martials.

Summary Court-Martial

A summary court-martial may only try enlisted personnel for noncapital crimes, and the officer presiding over the proceeding is not required to be an attorney or judge.
Read more . . .

Monday, February 26, 2018

Suicide Before Court-Martial

Q: How does one facing court-martial remain hopeful of acquittal?

Being accused of a sex crime in the military can be overwhelmingly frightening. There is a tendency for the public to rush to judgment against you. There is also public pressure on the military to show it has “zero tolerance” for sexually-based crimes.
Read more . . .

Tuesday, February 20, 2018

The Impact of a Government Shut Down on the Military

Q: Can a government shut-down result in a court-martial?

When civilians hear that a service member needs a skilled court-martial defense attorney, they may think the person is facing the most serious of charges.

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Sunday, January 28, 2018

Navy May Charge Ship Captains in Deaths of Their Own Sailors

Can a Naval commanding officer be held criminally-responsible for failed “operational decisions” that result in a sailor’s death

Court-martial defense attorneys may be gearing up to fight a battle the military justice system very rarely sees within the Navy--criminally negligent homicide charges against commanding officers. To put it in perspective, only two commanding officers have faced and been convicted at court-martial for “failed operational decisions” in the past 40 years-- and the last of those convictions was 30 years ago.

Generally, commanding officers are not criminally court-martialed, but rather face military administrative action for non-criminal misconduct charges.
Read more . . .

Saturday, January 20, 2018

Choosing a Military Defense Attorney in a High Profile Case

When do I need a military defense lawyer with public relations experience?

A skilled military court-martial defense attorney will be able to help not only an individual charged with an isolated incident, but also service members charged as part of an alleged widespread criminal operation in which multiple service members are charged.

In fact, when a high-profile case comes along, service members need a defense attorney experienced with both military law and public relations to prevent their right to a fair trial before an impartial decision-maker from being jeopardized by being portrayed negatively by the media.

Everything about the Navy's breaking “Fat Leonard” investigation suggests that the scandal could be big and sensationalized and that those service members snagged in its net could be unfairly pre-judged by the public.
Read more . . .

Sunday, December 31, 2017

In Focus: Sexual Misconduct in the Military

Throughout the second half of 2017, the #MeToo movement roiled Hollywood, major media outlets and Capitol Hill with accusations of sexual misconduct. Now, three nonprofit advocacy groups are planning a rally for military women outside the Pentagon next month. The rally is scheduled for 8 a.
Read more . . .

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