In United States v. Bass, the court basically said the government could not just point to a positive THC-8 drug test and assume the person knowingly used THC-8. That mattered because THC-8 can show up after someone uses hemp or hemp-derived products, and those products are widely sold in normal p...
A frequent question for Servicemembers facing nonjudicial punishment is whether they have the right to counsel. It makes sense to ask such an important question considering that nonjudicial punishment, also referred to as NJP, is a procedure used in dealing with alleged misconduct committed by Se...
It's hard to pinpoint exactly how long a court-martial will take, but an experienced military lawyer can give you a good approximation of how long your court-martial will take based on several factors. An important question to ask is this: what level of court-martial is the Government pursuing ag...
Whether or not you should agree to take a polygraph (lie detector) test when you are suspected of committing a crime is a complex decision and depends on several factors. It's important to note that the admissibility and accuracy of polygraph tests can vary widely, and their use in legal proceedi...
One of the most effective ways to drastically change the outcome of a trial is by suppressing a statement or false confession. Your attorney does this by filing a Motion to Suppress with the Military Judge. Such a motion can be an absolute game-changer in a trial by keeping out unwanted, incrim...
Dismissal of a case can happen where the Government "vindictively prosecutes" an accused. Vindictive prosecution is a prosecution to deter or punish the exercise of a protected statutory or constitutional right. United States v. Goodwin, 457 U.S. 368, 372 (1982). Although there is no uniform tes...
One of the main functions of a defense counsel in military courts is to do everything possible to prevent Unlawful Command Influence, otherwise known simply as "UCI". Unlawful command influence occurs when a superior substitutes their judgment for that of a subordinate thereby precluding the sub...
Defending against alcohol-related incidents that are prosecuted in the military under the Uniform Code of Military Justice (UCMJ) does involve differences. The UCMJ is the set of laws and regulations that govern the behavior and conduct of members of the U.S. armed forces. Under the Uniform Cod...
A military service member who has several years under their belt has a lot to lose if a discharge from a court-martial were to occur. It is possible to lose your military retirement benefits if you are convicted at a court-martial. The specific impact on your retirement benefits will depend on t...
An accused in a General Court-Martial always has questions about the procedures. One of the most common questions is whether or not they should waive their Article 32 hearing and instead proceed without it. Waiving the Article 32 eventually results in the subsequent referral of the accused's ch...
Article 31 of the Uniform Code of Military Justice (UCMJ) is a provision that provides certain rights to members of the U.S. military who are accused of a crime. It is similar in some respects to the Miranda rights provided to civilians, but it has some key differences. Article 31 rights include ...
When a suspect in the military is arrested, they should be aware of several important considerations and concerns. Don't confuse what happens in State Court with what happens in the military. Military justice systems have their own unique processes and rules. Here are some key things a military...
Is it self-serving to say that you should hire a lawyer as soon as possible? It is to some degree, but more importantly, it's the most beneficial thing you can do when you are under investigation in the military or facing pending charges. First of all, as much as someone who is accused of an of...
I can't pinpoint exactly how long a court-martial will take, but I can give good approximations of how long your court-martial will take based on several factors. First, what level of court-martial is the Government pursuing against you? We are usually referring to Special Courts-Martial and Ge...
So you've been accused of sexual assault in the military and are now facing a court-martial. Things are about to get real, fast. The military justice system moves swiftly, and before you know it you'll be sitting in a courtroom fighting for your freedom and reputation. The stakes couldn't be high...
Filing motions in a military court-martial has often been described as "preparing the litigation battlefield." However, filing motions do more than just "prepare the litigation battlefield," filing motions can ultimately result in obtaining victory at trial.
A military service member facing charges that were preferred to a court-martial are routinely informed by the Military Judge that they are entitled to the free, JAG defense lawyer that has been detailed to him or her at no expense to the Government. You also have the option to pay for a civilian defense counsel out of your own pocket. The civilian defense counsel does typically possess more experience than the free, detailed JAG attorney.
Being arrested in the Military is a terrifying thing, whether it is for sexual assault or for murder. Most times, you are arrested on the spot, where the crime allegedly happened. Sometimes, the arrest comes after the crime has occurred. Other times, you know a criminal investigation is active, l...
What is Lack of Intent as a Defense in the Military? A defendant may argue lack of intent as a defense under the Uniform Code of Military Justice ("UCMJ") to a charge where they did not possess the necessary criminal intent at the time they committed the unlawful act. For a defendant to be fou...
If you are convicted of a sex crime in the Military, you will likely be required to register as a convicted sex offender. So, unlike other criminal convictions, you are slapped with a life-long penalty. The information you have to share and the obligations you must fulfill follow you throughout m...
The offense of Abusive Sexual Contact is such a common allegations under the Article 120 offenses that I thought I would literally include a page of the offense out of what is called the Military Judge's Benchbook. In a court-martial, the Military Judge prepares instructions for the military pan...
Preparation is key for winning. I included a testimonial from my client after a court-martial trial last week. The trial was a sex assault case, a straight up "He said, She said," type of case. The result of the court-martial was a full acquittal, findings of NOT GUILTY on each and every speci...
Testifying in State Court hearings can be risky if you are facing a possible court-martial.
How Long Does A Court-Martial Take? I'm frequently asked by potential clients speaking with me for the first time this question: how long does a court-martial take? It makes sense for someone who is facing the anxiety of an investigation or newly preferred charges to be asking that question. ...
About 65-70 percent of my case load involves offenses of a sexual nature, whether its maltreatment through sexual harassment, or serious allegations of sexual assault or rape under Article 120 of the UCMJ. Keeping my clients out of confinement and saving their careers are clearly important to me ...
