SOLDIERING ON: INSIGHTS INTO MILITARY LEGAL MATTERS
We are a worldwide firm and will travel to any military installation, home or abroad.
Strategic Court-Martial Defense
“Strategic” refers to identifying long-term or overall aims and interests and the means of achieving them. Recently, the attorneys at our firm discussed the goals and reasonable potential outcomes for several of our ongoing cases. The conversations reminded me of discussions with other military officers when I was deployed
Rebut and Appeal a Negative Military Evaluation
Service members should consider rebutting or appealing a negative military evaluation to avoid lasting effects on their careers.
BAH and Travel Fraud
We represented an NCO at a General Court-Martial who was accused of Larceny in violation of Article 121 of the Uniform Code of Military Justice (UCMJ) and making False Official Statements in violation of Article 107 UCMJ, related to alleged BAH fraud.
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. The Toxicologist works as a civilian for the military. He has spent years working with military drug testing facilities and is familiar with their internal processes and the studies that evaluate military drug testing procedures.
Will the Military Automatically Upgrade My Discharge?
One of the most common urban legends throughout the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the last decade and a half that I have been practicing military law, I have heard this idea repeated many times.
When Experts Matter
We litigated 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. Even though the trial lasted four long days, the jury deliberated for less than 30 minutes before reaching a verdict.
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.” 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 compromised a Soldier’s ability to serve, medical retirement does not automatically follow.
Strategic Court-Martial Defense
“Strategic” refers to identifying long-term or overall aims and interests and the means of achieving them. Recently, during one of our Friday afternoon meetings, our firm’s attorneys discussed the goals and reasonable potential outcomes for several of our ongoing cases.
Military Body Composition
To become a service member in the armed forces, you must be physically healthy. That expectation remains even after you enlist or are commissioned as an officer. If you fail to maintain weight standards, it may result in separation.
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 he or she was selected for promotion.
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. Often, a Primary Hand Receipt Holder (PRHR) can be charged when the Army property they are safeguarding is missing without misconduct or negligence.
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.
The Language of Command
Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment pursuant to 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.
Double Jeopardy
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, but you will likely face action by your Command. For example, if you receive a DUI, you will face prosecution in civilian court, which may carry a driver’s license suspension, fines, court costs, and even jail.
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 after thoroughly reviewing a case’s facts and the unique circumstances of a client’s situation.
Negative Info on Military Records
Service members in each military branch 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.
Non-judicial Punishment
Nonjudicial punishment (NJP) describes forms of punishment used to maintain good order and discipline in 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 varying names.
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 trained at the Federal Law Enforcement Training Center (FLETC).
Security Clearance Guideline E
Those who deal in security clearance issues and litigation understand that successfully mitigating security concerns is the key to helping our clients obtain their cleared status. We also understand that losing their security clearance can have a devastating financial and professional impact on cleared professionals. Litigating issues related to security clearances is unique since the standard is in the best interest of national security. No one has a constitutional right to a security clearance.