Double Jeopardy

Can I be punished by both the military and a civilian court for the same crime? This is called Double Jeopardy and the answer is “Yes”. Unfortunately, this happens quite frequently. If you are charged with a crime by civilian law enforcement, not only will you face civilian charges, you will likely face action by … Continued

Military Plea Deals

Should I Take a Plea Deal? One of the most frequent questions that I hear in my practice relates to the very difficult decision to accept the military version of a plea deal (pre-trial agreement). This question can only truly be answered after a thorough review of all the facts of a case and the … Continued

Negative Info on Military Records

Removing Negative Information from Military Records Service members in each branch of the military commonly receive negative information permanently filed in his or her military records. Such information can cause irreparable damage to the service member’s career. Service members will often have a difficult time getting promoted. In fact, some may even face separation as … Continued

Non-judicial Punishment

What is non-judicial punishment (NJP)? The term non-judicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in each of the armed forces. NJP is allowed by Article 15 of the Uniform Code of Military Justice (UCMJ). Depending on which service you are a member of, NJP is referred to by … Continued

Military Interview Techniques

Military Interview Techniques One of the critical aspects of our representation involves a strategic approach to dealing with military law enforcement. The Special Agents of the Army Criminal Investigations Division, Navy Criminal Investigative Service, the Air Force Office of Special Investigations, and the Coast Guard Investigative Service are Federal law enforcement officers who receive their … Continued

Security Clearance Guideline E

Responding to the dreaded Guideline E – Ways to maximize mitigation in your response to the Statement of Reasons Those of us that deal in security clearance issues and litigation understand that successful mitigation of security concerns is the key to helping our clients obtain their cleared status. We also understand that for cleared professionals, … Continued

Positive Military Drug Test

Failed Military Drug Test? What Happens Next? Most armed service members know when they return to their unit after the holidays, they will likely be subjected to military drug testing. A positive military drug test result can impact their military career and may even result in court-martial charges. Any military member who tested positive for … Continued

Military Discharge Types Defined

Military Discharge Types A characterization of service, often called a “discharge,” is assigned when a service member is separated from military service.  A military discharge usually falls into one of six categories: Honorable Discharge General Discharge – Under Honorable Conditions Other Than Honorable Discharge Bad Conduct Discharge Dishonorable Discharge Uncharacterized Discharge Any discharge characterization that … Continued

Rebutting An Army QMP Selection

What is the Army QMP? The Army Qualitative Management Program(Army QMP) was established under Army Directive 2014-06. The Army QMP’s purpose is to identify noncommissioned officers (NCOs) whose performance, conduct, or potential for advancement do not meet Army standards for continued service. The Army QMP also encourages Soldiers to maintain their eligibility for continued service … Continued

Defending Military Sexual Assault Allegations

Attorney R. Davis Younts, Esquire I recently had the privilege of defending a Lieutenant Colonel who was falsely accused of sexual assault. At his court-martial our combination of independent investigation and strategic questioning of witnesses resulted in the complaining witness admitting on the stand that she did not believe she was sexually assaulted and that … Continued