Military Legal Matters
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.
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.
Positive Military Drug Test
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 any drug should consult with an experienced military attorney immediately.
