Court Martial Defense

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 . . .

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

Read more . . .

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 . . .

Thursday, December 14, 2017

The Impact a Court Martial Conviction May Have on Post Military Civilian Life

Q: What becomes of service members after a court-martial conviction and military discharge?

The impact of a court-martial conviction significantly affects a service member’s future (as well as their family’s future) in many ways, so hiring a skilled civilian military court-martial defense attorney from the outset is critical.

A court-martial is not the time to trust your future to a free court-appointed member of the military defense counsel, who is likely overworked and inexperienced. Not only might a skilled civilian military defense attorney get the charges dismissed, but alternatively might secure a more lenient punishment.
Read more . . .

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