military justice

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Personal Injury or Death Caused by Military Medical Malpractice Under the Federal Tort Claims Act (FTCA), retired service members and military dependents who have been injured by medical malpractice or negligence at a military treatment facility (MTF) can file claims against the federal government. Complainants must file a Notice of Claim within two years of … Read more

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Financial Crimes One area that has seen a significant increase in lately is the area of financial crimes. Many of these involve mobilized reservists who are unaware of what benefits they are entitled to and who get conflicting information from DFAS. Bill Cassara is a former Army prosecutor and defense counsel with over 20 years … Read more

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Under Article 31 of the Uniform Code of Military Justice (UCMJ,) if a person on active duty with the U.S. military is suspected of committing a criminal offense under the Uniform Code of Military Justice, they have the following rights: A. THE RIGHT to be informed of the specific offense(s) he or she is suspected … Read more

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There are two types of searches in the military, those based on probable cause, and what are called “inspections.” This article will concentrate on what are called probable cause searches. If investigators believe they have probable cause to search you or your property, they will apply to a magistrate (civilian or military depending on where … Read more

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Article 32 of the Uniform Code of Military Justice provides that before charges may be referred to a General Court-Martial, the charges must be “investigated” at an Article 32 investigation. This is not an investigation as you would normally think of it. It is better called a hearing, and is similar to a preliminary hearing … Read more