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Court Martial Law

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 . . .


Friday, June 28, 2019

Are Military Veterans Subject to the Uniform Code of Military Justice if Their Alleged Crimes Are Committed After They Have Retired?


When individuals have retired from their service with the military there is often a sense of pride and a belief that they are now free from military laws, such as the Uniform Code of Military Justice (“UCMJ”), that they had previously been subject to. However, what many retired military members may not realize, is they are still subject to court-martial under the UCMJ instead of civilian courts – even if the alleged crimes were committed after they retired.

Recent Precedent

Two marines have recently filed separate petitions with the U.
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 . . .


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 . . .


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


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 . . .


Tuesday, February 20, 2018

The Impact of a Government Shut Down on the Military

Q: Can a government shut-down result in a court-martial?

When civilians hear that a service member needs a skilled court-martial defense attorney, they may think the person is facing the most serious of charges.


Read more . . .


Saturday, January 20, 2018

Choosing a Military Defense Attorney in a High Profile Case


When do I need a military defense lawyer with public relations experience?

A skilled military court-martial defense attorney will be able to help not only an individual charged with an isolated incident, but also service members charged as part of an alleged widespread criminal operation in which multiple service members are charged.

In fact, when a high-profile case comes along, service members need a defense attorney experienced with both military law and public relations to prevent their right to a fair trial before an impartial decision-maker from being jeopardized by being portrayed negatively by the media.

Everything about the Navy's breaking “Fat Leonard” investigation suggests that the scandal could be big and sensationalized and that those service members snagged in its net could be unfairly pre-judged by the public.
Read more . . .


Friday, September 22, 2017

Colonel Gets Convicted in Sexual Misconduct Court Martial


Q: Is a high-ranking officer immune from prosecution and conviction?

A military sexual misconduct conviction can have devastating consequences to a service member’s career, reputation, and freedom.  

But child-related criminal offenses, including child pornography, child abuse, and sexual assault of a child, are among the most aggressively-prosecuted cases in all branches of the military. Not even the highest-ranking officers are able to avoid prosecution or conviction.
Read more . . .


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