The Expansion of “Routine Booking Questions” The “Routine Booking question” exception permits the police during custodial interviews to ask certain information about the suspect so that they can identify him or her and ensure his or her safety while in police custody. In Pennsylvania v. Muniz, 496 U.S. 582 (1990), the United States Supreme Court, …
10 U.S. Code § 1567a is titled “Mandatory notification of issuance of military protective order to civilian law enforcement.” This provision was enacted as part of the 2019 National Defense Authorization Act in response to reports that civilian law enforcement were unaware of and could not enforce military protective orders (MPOs) issued by military commanders. …
Military Protective Orders and Military No Contact Orders Read More »
A junior member of the military is accused by another military member of sexual assault. Witnesses state and cell phone videos capture the two flirting and engaging in what appears to be consensual physical contact. Video shows them going into a barracks room. Twenty minutes later, video shows the pair leaving the barracks room – …
Korody Law continues to handle administrative separation boards, boards of inquiry, Article 32 Preliminary Hearings, pretrial confinement initial review officer hearings (IRO hearings), courts-martial (Special Courts-Martial and General Courts-Martial), and security clearances, even after the military has implemented its restrictions on travel and social distancing measures. We have had some courts-martial charges dismissed without prejudice …
The Air Force and Army by instruction have the ability to issue Letters of Reprimand without an Article 15, UCMJ (nonjudicial punishment proceeding). The Air Force characterizes a Letter of Reprimand as an administrative tool to correct rather than punish behavior, even though a Letter of Reprimand will have a lasting impact on the military …
For enlisted military personnel, there are 6 possible characterization of discharge upon separation from the military. They are Entry Level Separation (ELS) Honorable (HON) General (under honorable conditions) (GEN) Other Than Honorable (OTH or uOTH) Bad Conduct Discharge (BCD) Dishonorable Discharge (DD) Bad Conduct Discharges and Dishonorable Discharges may only be given as a result …
Understanding Military Discharges and VA Benefits Read More »
Patrick Korody handled his first Article 120 UCMJ case in 2006. For the last 10 years, he has been on the front-lines of the military’s war on sexual assault. And, he has seen its casualties – countless good Sailors, Soldiers, Marines, Airman, and Coastguardsmen who have had their lives ruined based on nothing more than …
In 2014, a substantial change in the UCMJ took place. The mandatory proceeding under UCMJ Article 32 prior to referral of charges for trial by General Court-Martial transitioned from an “investigation” to a “preliminary hearing.” The primary motive for the change was the extensive cross-examination of complaining witnesses in military sexual assault cases. Under the …
Can Korody Law help me obtain my security clearance? Korody Law’s success rate in its security clearance cases is extremely high. We focus on representation of servicemembers, civil service employees, and government contractors before the Defense Office of Hearings and Appeals and the Personal Security Appeals Board (PSAB). Our representation normally begins when the applicant …
Security Clearance Lawyer – Guideline F: Failure To File Taxes Read More »
Korody Law has handled dozens of security clearances from San Diego, California to Washington, DC to Key West, Florida to Pensacola, Florida. We pride ourselves on being Florida’s top security clearance law firm. We are a local Florida law firm. Mr. Korody started his law practice in Jacksonville, Florida after leaving active duty in the …