Denver, CO Martial Law Blog

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...

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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...

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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 . . .

Monday, June 11, 2018

Destroying Military Property Can Destroy a Military Career

Q: Can a prank result in a bad conduct discharge?

A viral video on social media of a 173rd Airborne Brigade training exercise shows multiple Humvee vehicles attached to parachutes being dropped from the back of C-130s. The majority of them floated gently to the ground as expected, but three of the Humvees broke loose from their parachutes and came crashing to the ground below. In the video footage taken during the equipment drop in Germany, multiple men (presumably service members) can be heard off-camera laughing, cheering, and cursing as each vehicle fell. But it wasn’t funny when a

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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 . . .

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