Assessing the Sides of a Sexual Assault Court-Martial
For a moment, let’s assess the teams that exist whenever someone in the military is prosecuted for sexual assault: For Prosecution and Conviction Prosecutor (Trial Counsel) Special Victim Prosecutor Paralegals and other legal assistants in the military justice shop. Investigators/Special Agents/Special Victim Investigators Special (Alleged) Victim Counsel Victim Advocates For the Defense Military Defense Counsel… Read More
Sexual Assault Reports Are Up, But What Does It Mean?
There are statistics, then there is how statistics are interpreted. The latter varies wildly depending on political persuasions. In practice, such debates in congress is of little use to military lawyers who focus on courts-martial, as we just continue defending allegations one case at a time. However, we are always mindful of potential changes and… Read More
Legal Pot is Still Illegal
That headline is confusing, isn’t it? Here’s what I mean: 1. Some states are now legalizing recreational marijuana sale and use. 2. If you are in the military, you still need to avoid state-allowed pot sales because possession, importing it to a military installation, sale, and use are still a crime in the military. States… Read More
The VA Claim Conundrum
VA claim appeals cases are an interesting subject among those of us who dedicate all or most of our practice to being a military lawyer. Most, like me, avoid these cases. In our estimation, not-for-profit advocacy groups and volunteers seem to be effective and successful. Additionally, finding a VA appeal that is worthwhile and not… Read More
The Changes are In
It is official, the UCMJ is changing, and alleged victims of sexual assault will no longer be required to testify at Article 32 hearings, dealing a huge blow to one of the most important tools for military lawyers who defend these types of cases. Via the Washington Post. Congress passed a broad set of changes… Read More
Things are about to get ugly for Army Captains and Majors
In the latest rounds of cuts, the Army plans to cut several thousand Company and Field Grade officers. These mid-range officers will be subject to administrative separation. No doubt, military lawyers will be watching these developments. It will be interesting to see if they pursue less-than-honorable characterizations for any with derogatory information. Stay tuned. Via… Read More
Gillibrand’s Reforms Appear to be Slipping Away
As stated before, military attorneys across the services are watching with great anticipation to see what changes to the Uniform Code of Military Justice will be brought by the latest defense authorization bill. Now, it looks like the more radical reforms will not be considered, as Senator Gillibrand’s bill will fall procedurally short of a… Read More
Insight into British Military Law
If you’ve been following the murder trial in the UK concerning a Royal Marine, it provides an interesting insight into their court-martial system. More information can be found here.
Honorable Discharge: The Goal
We always try to allow someone to continue their career in the military. If that doesn’t work (or is impossible), then our goal is always an Honorable Discharge. Today, we are thrilled that a good person will receive one of those, despite being accused of fraudulent enlistment. This is great news for a military lawyer… Read More
Officer Elimination – Eliminated
We always celebrate here when a client gets a favorable result. Today is one of those days. Making the holiday season a bit more enjoyable for one of our clients, they will no longer need to stress over a pending administrative separation or board of inquiry. We are thrilled to see a good soldier be… Read More