STUDENT AVIATORS AND ENLISTED STUDENTS AT NATTC ARE ROUTINELY PROSECUTED FOR SEXUAL ASSAULT. Being in a training environment on-board NAS Pensacola such as Schools Command or NATTC is professional challenging. Pilots learn to fly at NAS Pensacola. Aviation rates learn their rates at NATTC. But, these environments are also prime for accusations of sexual assault, …
I speak to clients and prospective clients all the time who misunderstand the difference between mandatory processing for separation and mandatory separation from the military. There are many grounds that require mandatory processing for administrative separation from the military: they generally include a positive drug urinalysis (drug abuse), a substantiated incident of physical domestic abuse, …
I am now co-author with Charlie Swift for the second edition of Court Martial Advocacy: Trying the Military Case, published by West Publishing (Thomson Reuters). Look for the second edition later this year. The update will focus on the recent changes to military law, which mostly relate to sex offenses and victim rights. Learn more …
5 REASONS TO CALL US RIGHT NOW. The initial consultation is free. It costs you nothing to discuss your legal problems with an experienced attorney. Our experience is unparalleled. From minor misdemeanors to serious felonies, we have been on both sides of the courtroom. We have the insight into how prosecutors and judges think. Right …
Today’s prosecutors have significant resources at their fingertips – investigators, forensic scientists, social workers, forensic psychiatrists, and so forth. This government machine is working towards the common goal of obtaining a conviction in a sex crime case. More resources are dedicated now more than ever to prosecute cases involving sexual assault and other sex crimes. …
Except in the case of a service member attached to or embarked in a vessel (normally Sailors assigned to ships or Marines/Sailors embarked on a ship for a deployment), the member can refuse non-judicial punishment (NJP) under Article 15, UCMJ and demand trial by court-martial. This is a very important decision for any service member …
I often am asked what is the difference between a personal injury claim and a claim under the Federal Tort Claims Act. The primary difference is procedural, because the law applied will be the same. The Federal Tort Claims Act is a law passed by Congress that permits claims and lawsuits to be made against …
Personal Injury and the Federal Tort Claims Act (FTCA) Read More »
I have previously written about why one should never waive Article 31(b) rights (the functional equivalent to Miranda rights in the civilian world) when interviewed by law enforcement unless guided by a skilled attorney. One of the reasons is because law enforcement officers like detectives and NCIS special agents have years of training and experience …
How a false exculpatory statement can crush an accused at trial. Read More »
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 …
If read your Article 31(b) rights, should you ever speak to military investigators? Read More »
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), …