Denver, CO Martial Law Blog

Monday, May 13, 2019

You’ve Failed a Military Drug Test: Now What?


To ensure that all of our military members are in the best condition for fighting (not to mention for representing our country), each branch of the military employs a drug-testing program in the form of a urinalysis. This active testing helps to deter members of the military from engaging in any controlled substance activity. All told, the military tests a whopping 60,000 urine samples each month. 

What Might You Stand to Lose?


Those who test positive will generally receive great disciplinary or administrative action against them, including court-martial. Each branch of the military has a “zero tolerance” policy when it comes to drug use of its members.
Read more . . .


Friday, April 19, 2019

What are the minimum mandatory sentences for sexual assault convictions?


While it is obviously upsetting to be charged with any crime in the military, certain charges can be more frightening to face than others—like charges that subject a service member to dismissal or discharge or confinement. 

If you are facing charges of sexual assault in the military, it’s imperative that you have a skilled civilian court-martial defense attorney on your side. This is important because a conviction for sexual assault offenses carries a mandatory minimum sentence which, at the least, includes dismissal or dishonorable discharge.


Read more . . .


Thursday, April 11, 2019

Are military retirees subject to the Uniform Code of Military Justice for crimes they allegedly committed after their retirement?


When it comes to the “long arm of the law” court-martial defense attorneys know that the length of the Uniform Code of Military Justice (“UCMJ”) reaches farther than many retired military members may realize. And as several retired military service members have learned the hard way, they are indeed still subject to court-martial under the UCMJ—not the civilian courts—even for crimes allegedly committed after they retired. 

Two Marines have recently separately petitioned the US Supreme Court unsuccessfully to have their cases appealed claiming that the Department of Defense does not have the authority to prosecute retired service members for non-military crimes committed after retirement and that their cases should be right in civilian court.


Read more . . .


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 . . .


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