Court Martial Law

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 . . .


Friday, July 28, 2017

Court-Martial vs. Non-Judicial Punishment


Q: Is Non-Judicial Punishment (“NJP”) preferable to facing a court-martial?

“Man overboard”. Words that strike fear and prompt action in Navy service members.

Sometimes a sailor falls overboard, is never recovered, and the hero's survivors become a Gold Star family. Other times, a presumed “man overboard” may have a different, decidedly less heroic or honorable resolution--like when a missing sailor was recently discovered bone-dry and hiding in the ship’s engine room a week after disappearing.

Sometimes men overboard may want a skilled court-martial defense attorney to defend them from AWOL (“absent without leave”) charges like abandoning watch and dereliction of duty.
Read more . . .


Wednesday, March 29, 2017

West Point Drug-Dealing Probe: Cadet Toll Rises to Seven Charged


Q: What kind of disciplinary action do military cadets face for drug charges?

For several months, a probe has been ongoing into suspected military drug crimes at the US Military Academy in West Point. The list of cadets facing charges continues to rise with a seventh cadet being recently added.

Two of the six cadets initially charged will face Read more . . .


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