Court Martial Defense

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 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 . . .


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 . . .


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