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Court Martial Defense

Thursday, September 5, 2019

Fixing an Error or Omission on Your Military Record


Everyone makes mistakes. But when that mistake impacts your military career it can have a profound negative impact. Luckily, the secretary of a military branch who acts through a board for correction of military records (BCMR) has the authority to correct any errors or remove any injustices within one’s military record. 

In deciding what to correct, the correction board may consider taking applications for the following:

  • Upgrading a discharge
  • Change a reenlistment code
  • Changing a discharge to or from medical discharge or military retirement
  • Reviewing a Discharge Review Board Decision
  • Making Other Changes to military records
  • Reinstating a veteran into the military
In other words, BCMRs may do anything to alter military records but for overturning a general court-martial conviction. However, there are limitations.
Read more . . .


Monday, August 12, 2019

Navy SEALs Caught Drinking in Combat Zone, Ordered Off Deployment


As it should, the United States Navy holds its military members to certain standards. Both tactical proficiency and ethical adherence are considered of equal importance. Unfortunately for a platoon of Navy SEALs on SEAL Team 7, they could not live up to these standards and comply with the law. 

On July 24, after a “perceived deterioration of good order and discipline within the team during non-operational period,” Navy Officials from the U.S.
Read more . . .


Wednesday, August 7, 2019

What to Know About the 3 Types of Military Court-Martial


When a member of the armed services is accused of offenses against military law, the military has its own internal judicial court system for prosecuting them. This is called a “court-martial.” There are three different types of courts-martial: summary, special, and general.
Read more . . .


Sunday, July 14, 2019

Military Members and “Misbehavior Before the Enemy”


While the military is often known for following rules and maintaining order, that does not mean that all of its members are incapable of finding themselves legally in trouble. Those in the military must follow the Uniform Code of Military Justice, or UCMJ. The UCMJ contains various offenses with which a military member may be charged. One of the most complex offenses is known as “misbehavior before the enemy.” 

What Constitutes Misbehavior Before the Enemy?

Misbehavior before the enemy is a broad offense that encompasses several types of behavior, when conducted in the presence of enemy forces.


Read more . . .


Friday, June 21, 2019

What is the General Court-Martial?


Those who serve in the military (the Army, Navy, Marine Corps, and Coast Guard) are subject to the Uniform Code of Military Justice and are to be tried via court martial.

There are three different levels of courts-martial. As far as military courts are concerned, while a summary court-martial is for minor offenses, the general court martial is the most serious.
Read more . . .


Wednesday, May 29, 2019

What Can I do if I’ve Received an Other Than Honorable Discharge?


You have worked hard to find yourself in a branch of the United States military. You have been willing to fight and even die for your country. You likely have sacrificed a lot in the process. When you have received an “Other Than Honorable” or “OTH” discharge from the military, it causes significant loss of benefits and may hinder your civilian life including employment and medical benefits going forward. So what are your options; what can you do?

Receiving VA Benefits After You Have Been Discharged


Generally speaking, in order to receive VA benefits and other services, a veteran must have been discharged under honorable conditions.
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 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 . . .


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