SOLDIERING ON: INSIGHTS INTO MILITARY LEGAL MATTERS
We are a worldwide firm and will travel to any military installation, home or abroad.
Military Discharge Types Defined
A military discharge characterization of service is a designation assigned to a service member upon separation. The characterization is based on the service member's performance while in the military.
Can Jurisdiction Affect a Desertion Case?
People often wonder the differences between a deserter apprehended by local, state, or military police. The question is valid.
Murder
A Fort Hood soldier recently killed three people, including his 28-year-old wife. He then turned the gun on himself. Thus, making this the third murder-suicide involving troops stationed at Fort Hood in less than a year. In recent years, Fort Hood has been the center of several gruesome incidents.
Conduct Unbecoming an Officer and a Gentleman
Under Article 133 of the United States Uniform Code of Military Justice (UCMJ), conduct unbecoming an officer and a gentleman is an offense that subjects a service member to a court-martial.
Non-judicial Punishment
Nonjudicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in the armed forces. Article 15 of the Uniform Code of Military Justice (UCMJ) allows for NJP. NJP has varying names depending on the service branch.
Negative Info on Military Records
Service members in each military branch commonly receive negative information permanently filed in their military records.
Should I Go Judge Alone?
One of the frequent questions I hear in my practice relates to whether or not a military member facing court-martial should “go judge alone.” Specifically, that means that a military judge rather than a court-martial panel will decide guilt or innocence and then decide on an appropriate sentence.
Temporary Disability and Severance Pay
As a Soldier, physical and mental fitness for duty is required to serve. If an injury or illness has hindered a Soldier’s ability to serve, medical retirement does not automatically follow.
When Experts Matter
We prosecuted a hard-fought trial in Pennsylvania involving the death of a woman. We obtained a full acquittal after almost two years of motions practice and battling with the prosecution. Although the trial lasted four days, the jury deliberated less than thirty minutes before reaching a verdict.
Military Plea Deals
One of the most frequent questions I hear in my practice relates to the tough decision to accept the military version of a plea deal (pre-trial agreement). This question can only be answered honestly after thoroughly reviewing a case's facts and the unique circumstances of a client’s situation.
Double Jeopardy
It is Double Jeopardy. Unfortunately, this happens quite frequently. If civilian law enforcement charges you with a crime, not only will you face civilian charges, but you will also likely face action by your Command.
The Language of Command
Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice. While not a complete victory, the outcome was highly favorable for the client and resulted in suspended punishment.
The Military Bullet Journal
Have you ever looked around the room at a group of NCOs or Officers before a meeting? If you do, you will realize that all successful ones have something in common. They have a pen and notebook (usually a Federal Supply Service green notebook). There is a simple reason why a pen and a notebook matter. Even in a digital world, a pen and a notebook are critical gear for the success of any military member.
Financial Liability Investigation of Property Loss (FLIPL) Rebuttals
Soldiers can be unfairly and improperly held accountable for lost or destroyed government property through the Investigation of Property Loss.
Will the Military Automatically Upgrade My Discharge?
One of the most common urban legends in the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the 15 years that I have been practicing military law, I have heard this idea repeatedly.
BAH and Travel Fraud
We represented an NCO at a General Court-Martial accused of Larceny, violating Article 121 of the Uniform Code of Military Justice (UCMJ), and making False Official Statements in breach of Article 107 UCMJ related to alleged BAH fraud. Despite being wrongfully accused, my client was in a fight to save his career.
Questions About Military Drug Testing
While preparing for a court-martial case at Fort Bragg, I had the chance to speak with a Forensic Toxicologist who was one of my experts for the case.
Defending Military Sexual Assault Allegations
We had the privilege of defending a Lieutenant Colonel who was falsely accused of sexual assault…
Rebutting An Army QMP Selection
The Army Qualitative Management Program (Army QMP) was established under Army Directive 2014-06. The Army QMP aims to identify noncommissioned officers (NCOs) whose performance, conduct, or potential for advancement do not meet Army standards for continued service.
Promotion Review Board
By Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, paragraph 3-18, the appointment of an officer may be delayed in any case in which there is cause to believe that the officer is mentally, physically, morally, or professionally unqualified to perform the duties of the grade for which they were selected for promotion.