If read your Article 31(b) rights, should you ever speak to military investigators?

The short answer is NO.  Also, don’t be confused about what can be used against you later at disciplinary, legal, or administrative hearing.Any statement – whether written, spoken, or even gestures – can be used against you at later time.Congress gave you Article 31b, UCMJ (it’s a federal statute!).  Use it.Article 31b applies when servicemembers […]

Do I have to report my DUI to my command?

I am often asked by active duty members if they have to report to their command if they get arrested out in town – for example, for DUI.  If you are Navy, the answer is YES (and I believe the other services have followed suit).   In a case where I was the trial counsel (prosecutor), […]

Why a Sailor should fight a positive urinalysis.

Several times a year, every Navy Sailor (and every member of the Marine Corps, Army, Air Force, and Coast Guard) has to pee into a small plastic bottle under the eyes of an observer.  The bottle is then left in a brown box and, for most, will never be seen again by the Sailor. The […]

Why domestic violence allegations can cripple a military career.

I answered a post on Avvo.com recently where a military member stated that he was investigated but not charged with an assault under Article 128, the victim being his spouse. Domestic violence, in its simplest terms, is a threat or act of violence against a family member or someone similarly situated, like a live-in girlfriend. […]

Korody Law – Military Defense Attorney Opens Firm in Jacksonville, FL

Attorney Patrick Korody spent 10 years on active duty in the Navy JAG Corps, where he was one of its top prosecutors and defense counsel.  Building on that experience, he has opened a law firm focused on military law such as court-martial defense, criminal defense, and personal injury. Mr. Korody served his country honorably and […]

Can base police really search my car when I come through the gate?

Yes.  Their authority is derived from the base commander’s authority to inspect persons and property, like vehicles, as it comes through the gate onto the installation for security reasons.  However, there may be circumstances where an “inspection” is a subterfuge for a “search” under the Fourth Amendment.  If you have had your vehicle searched and […]