Know Your Rights & Options: Essential Legal Resources for Active Duty Military
Military Court-Martial Overview
What are the Types of Military Court Martial?
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There are Three types of Court-Martial: Summary, Special, and General
A Court-Martial is often a life-altering and career-affecting event. A Court-Martial has the potential to take away rank, pay and freedom, and depending on the type of court-martial a conviction could result in the accused receiving a Dishonorable or a Bad Conduct Discharge. Servicemembers facing a Court-Martial should seek out the best and most experienced civilian military defense counsel they can find.
Article 15 Overview
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Article 15 Proceedings: Know Your Rights
Servicemembers have the right to refuse Article 15 and request their case be tried before a court-martial. Servicemembers have up until the time their punishment is announced to make this refusal. Otherwise, they will no longer have the right to a trial by court-martial.
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Article 15: Non-Judicial Punishment Penalties
In the Army and Air Force, non-judicial punishment can only be imposed by a commanding officer. That means an officer who is on actual orders, designating them as a “commander.” In the Navy and Marine Corps, Non-judicial punishment may be imposed by an “Officer in Charge.”
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Article 15: Non-Judicial Punishment Appeal
If your Commanding Officer imposes punishment against you at non-judicial punishment (“NJP”) and you believe the punishment is “unjust” or “disproportionate” to the offense, then you have the right to appeal the non-judicial punishment to the next highest authority.
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Beyond the Court-Martial: Alternative Paths for Marines Facing Disciplinary Action
Facing the possibility of a court-martial can be a daunting experience for any Marine. However, it’s important to understand that a court-martial isn’t the only option. With the help of a skilled defense attorney, you may be able to explore alternative dispositions that can help you avoid the severe consequences associated with a formal trial.
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RILFAP: A Strategic Option for Marine Officers Facing Administrative Separation
Facing administrative separation in the Marine Corps can be a daunting experience. While a RILFAP (Resignation In Lieu of Further Administrative Processing) may seem like a viable option, it’s important to understand the potential consequences and carefully consider your alternatives. This article provides insights into RILFAP and the role of a skilled military defense attorney in navigating this process.
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Navigating Military Records Correction: What we can learn from Annicelli v. Kendall
Facing an unfair military decision? Annicelli v. Kendall shows the importance of challenging these decisions and securing the justice you deserve. Learn how to navigate the process and protect your rights.
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Preparing for Your Security Clearance Appeal
Facing a security clearance denial? Don’t give up! Our comprehensive guide will equip you with the knowledge and strategies to successfully navigate the appeal process and potentially overturn the decision.
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Steps to Expunge a DUI in Orange County
A DUI conviction can have far-reaching consequences, impacting employment, housing, and personal reputation. In California, expungement offers a chance to clear your record and move forward. This guide outlines the steps involved in petitioning the Orange County Superior Court for DUI expungement, emphasizing the importance of legal counsel in navigating this complex process.
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DUI on Camp Pendleton: What You Need to Know
A DUI on Camp Pendleton isn’t just a traffic violation; it’s a complex legal battle that can have far-reaching consequences. Learn what to expect and how to protect your rights.
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Conquer the ABCMR: Expert Guide to Correcting Army Records
Correcting errors in your Army record can be a challenging process. Our guide provides essential steps and expert advice to help you navigate the ABCMR application process successfully.
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Conquer the BCNR: A Step-by-Step Guide to Correcting Naval Records
Correcting errors in your naval records can be a daunting task. This comprehensive guide walks you through the BCNR application process, from eligibility to appeals. Learn how to increase your chances of success with expert legal advice.
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CMEO Complaints: What to Expect and How to Protect Yourself
Navigating the complexities of a CMEO investigation requires knowledge and preparation. Learn about the process, your options, and when to seek legal advice.
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Understanding Wilhelmus v. Geren: Protecting Your Rights in Military Administrative Actions
Whether you’re dealing with an administrative separation hearing, a board of inquiry, or petitioning to correct your military records, you need to be aware of the risks involved and the importance of having skilled legal representation to protect your rights.
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Uncover the Truth: Correct Your Military Record with BCMR
Discover how to correct errors or injustices in your military record through the BCMR process. Our guide provides essential information and expert advice to help you achieve a successful outcome.
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Set the Record Straight: Correct Your Coast Guard Record with BCMR
Ensure your Coast Guard service is accurately reflected. Learn how to correct errors and injustices in your military record through the BCMR process. Our guide provides essential information and expert advice.
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Best Evidence Rule: Your Secret Weapon in a Court Martial
Discover how this powerful legal principle can challenge questionable evidence and strengthen your defense in a military court.
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Can Your Commander Read Your Therapy Notes? Know Your Privacy Rights
Uncover the rules about your medical records and how to protect your confidentiality in the face of an ADSEP board.
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Busted on Base? Your 4th Amendment Rights in the Military
Learn when and how military police can search your vehicle, and what to do if your rights are violated.
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Too Many Charges? Fighting Unreasonable Multiplication in Military Court
Is the prosecution piling on charges? Find out how the doctrine of Unreasonable Multiplication of Charges could be your defense strategy.
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Desertion: Understanding Your Rights
Simply stated, Desertion exists when a service member is in an unauthorized absence status from their unit and chooses to remain away permanently, to avoid hazardous duty, or to shirk important service. Unlike being AWOL under Article 86 where the length of time in an AWOL status is the main issue, under Article 85 the key issue is whether the accused intended to “remain away permanently.” The legal determination of “intent to remain away permanently” “hazardous duty” and “important service” is based on the specific facts of each case.
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UA/AWOL Status
No matter the reason for leaving the command without authorization, the command will report the service member’s UA or AWOL status into a national data base. Therefore, if a service member in a UA or AWOL status is pulled over for the most minor traffic violation he/she may be immediately arrested and jailed by civilian authorities until the service member is picked up by the military. Once picked up by the military the service member will probably be placed in the brig on base until your UA or AWOL charges are resolved.
Military Servicemembers Credit Protections
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A Guide to the FCRA for Military Service Members
Serving in the military shouldn’t hurt your credit score. This guide explains how the Fair Credit Reporting Act (FCRA) protects active duty personnel with free credit monitoring, safeguards against debt collection issues, and limitations on interest rates, empowering them to build a strong financial future.
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Understanding the Servicemembers Civil Relief Act (SCRA)
Facing financial burdens while serving your country? The Servicemembers Civil Relief Act (SCRA) has your back! This powerful law eases financial stress for active duty personnel and their families, offering protections on interest rates, foreclosures, evictions, and more. Empower yourself with knowledge and utilize the SCRA to navigate challenges with confidence.
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BAH FRAUD | OHA FRAUD
BAH Fraud and OHA Fraud are prosecuted under False Official Statements and Larceny statues.
In order to be convicted, the government must prove that the service member completed the necessary allowance claim forms with the “intent to deceive.” In short, it is not sufficient for the government to simply show that the service member completed the form(s) incorrectly, but that the service member filled out evidentiary documents with the intent to deceive.
Gun Rights
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Ways You Can be Denied a Gun
If you are a military service member, a police officer or just an avid gun owner, being found guilty (either by pleading guilty or being convicted by a judge or jury) of certain crimes in California can terminate your right to own a gun and require you to relinquish the current guns you own.
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A legal practitioner’s guide to the Lautenberg Amendment
The Gun Control Act of 1968 was the foundation for gun control in the United States and is best known for prohibiting convicted felons from possessing firearms. However, few people realize that there was a Public Interest Exception built into the law. Specifically, the Gun Control Act of 1968 allowed military personnel, law enforcement personnel, and other government employees who were required to possess a firearm for official use, to continue to possess firearms despite a felony conviction.
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