Possessing or receiving child pornography may not be as hard to defend against as you think. If the government charges a servicemember at a court-martial of violating a statute by possessing or receiving child pornography, the government will have to be able to prove during the court-martial that the picture or pictures in question meet … Read more
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Yes. Article 73 of the Uniform Code of Military Justice states that at any time within 2 years of the convening authority approving a court-martial sentence, an accused can petition The Judge Advocate General (TJAG) for a new court-martial on the basis of newly discovered evidence or fraud on the court. If your case is … Read more
Sometimes military servicemembers facing charges are placed in pretrial confinement prior to their court-martial. If this happens to you, you may feel that your situation is helpless. However, even after being placed in pretrial confinement, this original confinement decision must get reviewed within 48 hours, sometimes 72 hours depending on who made the original confinement … Read more
On 30 April 2013, after hearing my argument, the Navy-Marine Corps Court of Criminal Appeals set aside the findings and sentence in OS1 James Rose’s case. OS1 Rose was convicted in 2010 at a court-martial for using cocaine based solely on a positive drug test. At that time he had served for 19 years and … Read more
I know it is difficult to testify against someone at a court-martial…especially if it is a fellow Soldier, Sailor or Airman. However, there some scenarios in which a Commanding General convening a court-martial may offer you immunity in order to use your testimony against someone else in a court-martial. Often times the Commanding General will … Read more
Soldiers, Sailors and Airmen are often punished by their superiors and peers prior to even being found guilty at a court-martial. This is very common and also very wrong. In the military, servicemembers live in close quarters. So, as soon as someone is alleged to have committed a crime or has court-martial charges preferred against … Read more
No it will not. There is no such thing as an automatic discharge upgrade. I have no idea where this rumor got started, but it is completely false. If you want your discharge upgraded you have to actually request an upgrade and you have to supply valid reasons why you believe it should be upgraded. … Read more
It depends. Many argue that this is a never a good idea. The reason for that is because the stakes are higher at a court-martial. At a court- martial, you have the chance at a criminal conviction and the possible sentence is much more serious. Most importantly, at a court-martial, you could receive a punitive … Read more
If you are convicted of a crime at a court-martial, it is very possible that your military pay will be forfeited. If you have a family to care for, this could be devastating. In fact, for many of my clients facing a court-martial, this is one of their biggest concerns. Here is a bit of … Read more
Short answer..NO. I recommend that you do not take a polygraph test without consulting an attorney. The investigators are not looking to help you. They are looking to trap you into confessing. It is true that a polygraph is not admissible as evidence in your court-martial. However, that is not why it is being offered … Read more