If you are suspected of committing an offense in the military, no matter how minor the offense is, invoke your right to remain silent if someone attempts to question you about your actions. Even if you did nothing wrong, stay silent!! Even if it is your direct supervisor asking you questions, remain silent! Then, immediately … Read more
Blog
If you have been ordered to an Article 32 hearing, then you have had charges read to you and your command is looking at sending you to a general court-martial. Obviously, you are confused and overwhelmed at this point and probably don’t know where to turn. What is an Article 32 hearing? The Article 32 … Read more
Not long ago I posted a blog regarding two common appellate arguments, legal insufficiency and factual insufficiency. Legal insufficiency means that a reasonable fact finder (court-martial panel or military judge) could not have found that the proof presented met the essential elements of the offense beyond a reasonable doubt. On Monday, February 23, 2015, in … Read more
No. While it is true that when you join the military voluntarily, you may give up certain freedoms, your constitutional rights stay intact. Just like in the civilian justice system, an accused is always “innocent until proven guilty.” It is shocking that this comes as a surprise to some. Some of the individuals who believe … Read more
DNA evidence can make or break a case. In a recent unpublished case, United States v. Hinojos, the Navy-Marine Corps Court of Criminal Appeals (N-MCCA) reversed an appellant’s court-martial conviction and authorized a rehearing because the military judge erred in allowing unauthenticated DNA evidence to be presented by the government. This court-martial was based on … Read more
Having an experienced attorney by your side at your court-martial is extremely important. Don’t wait until your appeal to make sure the right person is defending you, because the attorney representing you at your court-martial could make mistakes that could cost you your chance at a valid appeal. What I am talking about is “waiver” … Read more
Entrapment is a potential defense in a court-martial. It is a defense when there is evidence that the accused committed the offense charged solely based on the suggestion or criminal design of a government agent, such as, an undercover police officer. In order to be successful with this defense, it must be shown that the … Read more
There are a lot of different types of discharges, it can get confusing. So let me take a moment to walk through them. Discharges that you can get if you are found guilty of certain offenses at a court-martial are different than those that you could receive when you are administratively discharged. Also, in a … Read more
The National Defense Authorization Act (NDAA) for fiscal year 2015 has many provisions designed to combat the problem of sexual assault in the military. One of these provisions specifically requires each of the military services to establish a confidential process through which a victim of a sexual offense may challenge the terms or characterization of … Read more
You might. The military justice system has a unique rule when it comes to admitting a statement made by the accused prior to trial into evidence during his court-martial. Under Military Rules of Evidence (M.R.E.) 304(h)(2), if “only part of an alleged admission or confession is introduced against the accused, the defense, by cross-examination or … Read more