In my post almost 6 months ago in which I discussed the USS Fitzgerald collision off the coast of Japan and the law governing hazarding a vessel (can be found here), I predicted the CO would be relieved and face disciplinary action that could include court-martial charges. Now widely publicized, the former Fitzgerald and McCain […]

The SMARTEST thing anyone suspect in a criminal investigation can do is keep his or her mouth shut.  Don’t say anything.  Don’t try to explain how it’s just a big misunderstanding.  And most importantly, don’t ever, ever admit to anything that constitutes an admission or a crime. Some smart JAG with the Army’s appellate defense

In NAVADMIN 304/17, the Navy cancelled the provisions of the Military Personnel Manual (MILPERSMAN) that permit the service to separate enlisted members for two or more Physical Fitness Assessment (PFA) failures.  The message also cancelled certain pending separations for PFA failure and permitted certain Sailors pending separation for PFA failure to opt to remain the

The Navy is sending more officers to Boards of Inquiry. The average officer misconduct case takes 12-18 months to get to a Board of Inquiry. Board members are separating more officers. In recent years, there has been an increased number of Boards of Inquiry (BOIs) – also called “Show Cause Proceedings” – convened for Naval

Following almost every positive urinalysis, the military member will be asked to provide another sample.   Command often refers to this second sample as a “retest” but it really isn’t – it’s a second urinalysis. The command timeline for a military urinalysis is as follows: Day 1: urinalysis taken, placed into storage Day 2 – 5:

As one of Jacksonville’s best sexual battery (rape) criminal defense attorneys, I am often asked. “How do you defend a rape case?”  Back in 2008 when I was in charge of a Navy defense services office, I scoured the internet and read as many articles as I could on how to defend rape cases.  This

Sexual battery is a violation of Florida Statute 794.011.  Sexual battery is a serious criminal offense. Korody Law is YOUR BEST Jacksonville criminal defense attorney if you are charged with sexual battery. I generally classify sexual battery into three types of cases: Stranger rapes Date rapes Spousal rapes Date rapes and spousal rapes often are

In Florida, a DUI conviction will always stay on your criminal record.  A first-time DUI in the State of Florida is a first degree misdemeanor.  Therefore, if you plead guilty, plead no contest, or are convicted after a trial, you will always have the misdemeanor DUI on your record. On the other hand, if you

Accused of sexual assault in the military? Sexual assault in the military is charged under Article 120 of the Uniform Code of Military Justice (UCMJ).  Article 120 actually has 4 different offenses: Rape, Sexual Assault, Aggravated Sexual Contact, and Abusive Sexual Contact.  Rape and Sexual Assault are penetration offenses while Aggravated Sexual Contact and Abusive

Domestic violence is a hot topic in society these days.  It’s right up there with the opioid epidemic, sexual assault on college campuses, and sexual harassment in the workplace.  The publicity of domestic violence has led to additional safeguards for “victims” of domestic violence through legislation.  In Florida, Section 741.30, Florida Statutes, provides the framework