Denver, CO Martial Law Blog

Monday, March 11, 2019

Can a service member suspected of an alleged crime be held in pretrial confinement?


Just as it is in the civilian justice system, being charged with homicide in military court is a serious and frightening experience with potentially severe penalties if convicted. The servicemember’ career, benefits, freedom, and life could be on the line. 

Hiring a Read more . . .


Monday, March 4, 2019

Is it still fraternization if the couple marries?


There are only approximately 24 women in the Marine Corps infantry. And soon there will be one less-- as soon as her expected administrative separation is complete. 

Recently, a former sergeant with a good record pleaded guilty to fraternization for having a relationship with a subordinate in her unit—a man who became her husband.
Read more . . .


Thursday, February 28, 2019

Can fraternal activities lead to court martial?


Whether a Nerf gun fight that triggered “active shooter and terrorist attack hysteria” on the same day had anything to do with it, another alleged incident at the Air Force Academy resulted in the first ever criminal hazing case in the Academy’s history. 

While hazing at the Academy was “officially banned” since it was founded in 1954, rituals that allegedly unfolded on the evening in question have reportedly been part of the Academy’s swim team’s tradition for many decades. 

Now, two senior cadets, who were barred from graduation, may need court-martial defense attorneys depending on the outcome of their preliminary hearings.
Read more . . .


Monday, February 4, 2019

How can a service member overcome drug charges?


Experienced military drug crime attorneys know how to defend service members against charges related to the use, possession, manufacture, distribution, and import or export of drugs. Due to the serious potential punishment, it may be wise to hire a civilian military defense attorney rather than trust your fate to a free court-appointed defense counsel who may be inexperienced and overworked.

Depending on the circumstances of the case, drug use defenses may include some of the following: 

  • the drug use was not wrongful because the drug was prescribed 
  • the service member unknowingly ingested a controlled substance
  • the wrong drug test was conducted
  • proper testing procedures were not followed
  • the service member’s positive drug test was a false positive.
    Read more . . .


Wednesday, January 16, 2019

How Can A Service Member Overcome Drug Charges?


Experienced military drug crime attorneys know how to defend service members against charges related to the use, possession, manufacture, distribution, and import or export of drugs. Due to the serious potential punishment, it may be wise to hire a civilian military defense attorney rather than trust your fate to a free court-appointed defense counsel who may be inexperienced and overworked.


Depending on the circumstances of the case, drug use defenses may include some of the following: 

  • the drug use was not wrongful because the drug was prescribed 
  • the service member unknowingly ingested a controlled substance
  • the wrong drug test was conducted
  • proper testing procedures were not followed
  • the service member’s positive drug test was a false positive.
    Read more . . .


Monday, January 14, 2019

Can I Be Discharged For Conduct Unbecoming An Officer?


Military administrative action attorneys can literally save the careers of service members who have been charged with violating any number of statutes, orders and service regulations collectively known as military administrative law. 


While Read more . . .


Tuesday, December 18, 2018

Hiring a Military Defense Attorney in a Murder Case


Should I trust the free military defense counsel with my murder case?

Hiring a civilian military murder defense attorney is arguably the best chance a service member has of being acquitted, having charges reduced, or having the consequences of conviction mitigated.

Many consider it risky to trust the free lawyer from the military defense counsel as they are often overworked, overwhelmed, less experienced, and without access to the resources necessary to mount the strongest court-martial defense.

Because murder charges threaten a service member’s future in the military, finances and benefits, freedom, reputation, and even their life, an experienced aggressive defense attorney can mean the difference between acquittal or conviction, or years vs.
Read more . . .


Monday, December 10, 2018

SEAL Held in Pretrial Confinement


Can a service member suspected of an alleged crime be held in pretrial confinement?

Just as it is in the civilian justice system, being charged with homicide in military court is a serious and frightening experience with potentially severe penalties if convicted. The servicemember’ career, benefits, freedom, and life could be on the line.

Hiring a skilled civilian military defense attorney with the trial experience, time, and access to resources needed to mount an aggressive defense is critical in such a case. Alternatively, you can roll the dice with the free court-appointed defense counsel who is likely overworked and unmatched in trial experience when compared to the prosecuting legal team… not to mention employed by the government agency that likely believes you are guilty as charged.

In addition, those charged in high profile cases need experienced civilian defense attorneys that not only have military defense experience but also the finesse required to handle the public relations aspects of the situation in the media frenzy that follows the case.
Read more . . .


Friday, November 9, 2018

Administrative Separation Basics


There are a number of ways in which a service member’s military career can come to end. One such method is administrative separation. Sometimes confused with a punitive discharge, which typically occurs following a judicial conviction at a court-martial, an administrative separation is a process by which a soldier’s command seeks to involuntarily separate him or her through the administrative process. Administration separation can occur for a number of reasons, including:

  • Substance abuse;
  • Misconduct;
  • Insubordination;
  • Weight problems;
  • Nonperformance of duties; and
  • Poor performance of duties.
    Read more . . .


Saturday, November 3, 2018

Statutory Rape Charges in the Military

Q: Is there a difference in statutory rape charges?

Statutory rape in the military falls under the category of military sexual assault. Seeing as it’s defined as intercourse with an individual that is too young to consent, it’s not surprising that it’s a very serious offense with equally serious potential punishment upon conviction.

That’s why it’s important to hire a skilled court-martial defense attorney if sexual assault charges are brought against you or if you expect that they might be.


Read more . . .


Saturday, October 13, 2018

An Overview of Failure to Report for Duty Charges


When a military service member fails to report for duty, he or she can face serious charges. The following three offenses are associated with a failure to report for duty:

  • Absence without leave (AWOL);
  • Desertion; and
  • Missing movement.
Below is an overview of the acts that constitute these offenses and their associated penalties.  

AWOL

An armed service member is considered Read more . . .


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