Denver, CO Martial Law Blog

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 . . .


Friday, October 12, 2018

What is Non-Judicial Punishment?


In the United States military, non-judicial punishment is a form of military justice that allows commanders to discipline troops without a court-martial. Non-judicial punishment is known by different terms among the different branches of the military. For example, the Army and Air Force refer to such punishment as “Article 15,” the Marine Corps calls it "office hours,” and the Navy and Coast Guard call it “mast.
Read more . . .


Tuesday, September 25, 2018

The Benefits of Hiring a Civilian Military Murder Defense Attorney

Q: Should I hire a civilian military murder defense attorney or accept the free military defense counsel?

If you are a service member charged with murder, you need to consider hiring a skilled military murder defense attorney with the experience, time, resources, and passion to fight for you. Just as in civilian court, those charged with murder face serious punishment if convicted and are entitled to a free defense attorney. But do you really want to trust your future in the military, your freedom, and possibly your life to the overworked and often inexperienced free military defense counsel--the person appointed by and employed by the same organization that is prosecuting you?

Choosing a civilian defense attorney with a


Read more . . .


Monday, September 17, 2018

When Civil Lawsuit Allegations Lead to Military Investigations

Q: Is adultery a crime in the military?

The prosecution of crimes in the military justice system can be drastically different from the prosecution of crimes in the civilian court system. What they do have in common is the accused’s right to hire their own attorney.

For military cases, that means hiring a skilled civilian military defense attorney instead of accepting the free trial defense counsel provided by the government.


Read more . . .


Wednesday, August 15, 2018

Deserter Discovered After 35 Years

Q: Is there a defense to a desertion or AWOL charge?

Most people of a given age remember where they were when they first heard the news that the Challenger space shuttle exploded in January, 1986.

While a vision of that disaster is burned into the collective American conscience, it was only one of a string of French and American rocket ship launches that had gone bad in the mid-1980s, prompting some intelligence officers at the time to wonder if an Air Force officer with top secret security clearance who had mysteriously disappeared in 1983 and was sought for desertion could have had something to do with the disasters.

Desertion and AWOL charges are very serious and are generally met with a disciplinary hearing, typically a court-martial.


Read more . . .


Friday, August 10, 2018

“N-Hunting” Comment Leaves New Reservist Job-Hunting

Q: Can a new reservist be released only days after enlistment?

There are certain standards of conduct expected of all members of the military. When the service member falls short of those standards, they may be subject to a wide variety of disciplinary actions. The particular action taken and any consequences will depend upon the alleged transgression.


Read more . . .


Wednesday, July 18, 2018

Military Sexual Trauma Victim Wins Upgraded Discharge

Q: Can an “other than honorable” discharge ever be upgraded?

Being charged with desertion or AWOL (absent without leave) is very serious in the military.

Because the punishments can vary greatly, it's important to hire a...


Read more . . .


Tuesday, July 10, 2018

Investigating Alleged Sexual Assault in Cadet Dormitory

Q: Can a cadet face a court-martial?

While his peers were studying for final exams and preparing for graduation from the Air Force Academy, one senior cadet was spending time with his civilian court-martial defense attorney.

After an evening at the only bar on campus, the cadet found himself facing a...


Read more . . .


Wednesday, June 20, 2018

Court Martial Appeal in Child Porn Case

Q: Should an agreed-upon longer sentence be overturned on appeal?

Being accused of a crime in the military is serious and any service member in such a position should seek legal counsel from a skilled civilian court martial defense attorney. While the range of punishments upon conviction varies based upon the level of court martial proceeding and the seriousness of the charges, the possible punishments in a general court-martial --which is reserved for the most serious crimes-- can include such things as forfeiture of pay, rank reduction, dishonorable discharge, confinement and even death.


Read more . . .


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