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), …
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 a Sailor should fight a positive urinalysis. Read More »
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. …
Why domestic violence allegations can cripple a military career. Read More »
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 …
Korody Law – Military Defense Attorney Opens Firm in Jacksonville, FL Read More »
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 …
Can base police really search my car when I come through the gate? Read More »