Although most crimes in the military justice system echo those in the civilian justice system, there are several crimes unique to the military. Some of these crimes would not be possible to commit outside of the military (if you don't get leave, for example, how can you be absent without leave?),...
As you surely know, the military justice system and the civilian justice system are similar but ultimately quite different. For example, military courts do not label offenses in the same way that civilian courts do. Misdemeanors and felonies don't exist in court-martial proceedings, so it can be ...
Are you guilty until proven innocent in the military? When you joined the United States Armed Forces, you gave up certain rights to serve our country. However, you did not give up your most basic constitutional rights, including the ability to avoid cruel and unusual punishment and the right to a...
As a rule, the military justice system is far more streamlined than the civilian system. Civilian trials can wait on the docket for years in busy jurisdictions, but military trials will almost never require such a brutal amount of waiting time. Instead, the overall timeline for a trial depends gr...
When military service members are accused of a crime, they use a specialized military justice system that is based on the Uniform Code of Military Justice (UCMJ). What is the Uniform Code of Military Justice? It is a system that works very much like the civilian justice system, but it is complete...
A dishonorable discharge can have serious consequences from both a military and civilian perspective, including the inability to receive VA assistance, disability compensation, and GI Bill benefits. It also tends to be viewed as a “red flag” on future job applications, government or otherwise, an...
Military attorneys are simply not the same as civilian attorneys. Those who practice military law are extremely specialized, and most lawyers do not even attempt to dive into this area of the law. That means that when you are considering hiring an attorney for your military case, you should look ...
Pre-trial confinement in the military is typically not as severe as the arrest of a civilian in the U.S. Criminal Justice System. When civilians are arrested, they're usually confined to the same area that they would be kept if they were found guilty, and they're only able to regain their freedom...
Being the subject of a military investigation can be stressful. If you're being investigated for wrongdoing by the military, you are probably wondering when or if you can see the evidence against you. Civilians accused of crimes have a constitutional right to due process, which means that they ar...
Although the military uses its own justice system, completely separate from the civilian court system, it can sometimes be hard to figure out who has jurisdiction. If civilian police were involved, does the state have the right to prosecute? Does it matter where the crime took place? Does the civ...
In the United States and across the world, the right to remain silent is one of a suspect's most valued and essential rights. The suspect can refuse to comment during an investigation or a court room, remaining silent when questioned and not speaking on his or her own behalf. Additionally, this r...
The relationship between a client and his or her attorney is unique. Much like the relationship between a patient and his or her therapist, it is important that the client feels free to communicate candidly and frankly, without fearing a breach of confidentiality. That bridge of communication and...
Are you concerned because you've recently discovered that you're being investigated for a crime under the Uniform Code of Military Justice (UCMJ)? Good! You should be. An investigation is a very serious matter, and you should immediately begin researching your rights during an investigation and c...
There is a lot at stake during a court-martial. The verdict of the case could influence your career, your paycheck, your dignity, and even your family. To protect your life and loved ones, you need to hire the most competent and experienced lawyer that you can. Luckily, under the Uniform Code of ...
If you're facing a general court-martial, the number 32 will have special significance. After all, as general court-martials are reserved for the most serious offenses (crimes that civilians would commonly call felonies), the commander must first determine whether or not the evidence in the case ...
The military is unique in that it has its own criminal trial system. Conducted by the U.S. military, courts-martial are used to try members of the military who have criminally violated the Uniform Code of Military Justice (UCMJ). Like all American criminal courts, they're adversarial proceedings,...
