SOLDIERING ON: INSIGHTS INTO MILITARY LEGAL MATTERS
We are a worldwide firm and will travel to any military installation, home or abroad.
Is a Guilt finding at NJP an actual conviction?
A guilty finding at a Non-Judicial Punishment (NJP) is never a ‘conviction.’ Non-judicial punishment is not a criminal proceeding. The purpose of non-judicial punishment is to correct minor shortcomings among service members.
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.
Naturalization Through Service
Military.com ran an Associated Press story about the Army quietly discharging immigrant recruits. We found this story particularly troubling because immigration is a hot-button political issue impacting families all over this country, and the idea of a pathway to citizenship for those who demonstrate their loyalty through service is just and honorable.
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.
The Importance of an Honorable Discharge
We speak with many veterans who are seeking an honorable discharge. There is a myriad of reasons why people want an honorable discharge. However, a recurrent theme is that the veteran seeks to reclaim their honor, integrity, and good name. Skeptics believe that a veteran wants to change their unfavorably characterized discharge mainly because the veteran intends to collect benefits.
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.
Military Records Correction
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.
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.
Application of The Insurrection Act of 1807
In the past, the President of the United States hinted that he may use United States Military forces to control violent outbreaks and looting in certain states where the violence appears to be out of control.
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.
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
Misconceptions About Sexual Assault in the Military
If you or someone you know is facing allegations of sexual assault in the military, you must work with a team of attorneys who understand not only the law but also military culture and the training being provided to military members, especially when it can cause unfortunate misunderstandings and lead to wrongful convictions in court-martial proceedings.