Possession of child pornography, child erotica, and other sexualized images of children under Article 134, UCMJ

While updating my book, Trying the Military Case: Court-Martial Advocacy, I spent some time reviewing recent developments in court-martial litigation over child pornography offenses in the military, which are charged under Article 134, UCMJ. In 2012, the President prescribed a child pornography offense under Article 134 prohibiting the possession, receipt, viewing, distribution, and production of […]

Security Clearance Hearings

Korody Law represents federal employees, military members, and federal contractors facing security clearance denials and revocations in and around Jacksonville, Florida. I recently completed a security clearance hearing in Jacksonville and was asked in the hallway by a pro se contractor from Blount Island, who was about to have a hearing, what he should do. […]

Article 32 Sexual Assault Defense

There has been much commentary in the military court-martial world about the benefit of representing a client before a preliminary hearing under Article 32, UCMJ, especially in a military sexual assault case. Congress changed the Article 32 process from an investigative hearing to a preliminary hearing in 2014, which was aimed to limit the ability […]

Should I hire an attorney for my adsep board?

  Members of the Navy, Marine Corps, Air Force, Army, and Coast Guard will be provided a military lawyer, free of charge, to represent him or her at an administrative separation board. If provided a lawyer by the military, should the member hire an experienced civilian military lawyer? Like many questions about the law, it […]

The Basics of Upgrading a Military Discharge

Characterization of military service is extremely important! A less than fully Honorable Discharge imposes significant limitations on veterans’ VA benefits entitlement and employment opportunities. There is a lot of misinformation that goes around such as an other-than-honorable discharge will be upgraded in six months automatically. That is simply not true! This is such a widespread […]

Sexual Harassment Charge in the Navy

THERE IS NO “GOOD” OUTCOME IF ACCUSED OF SEXUAL HARASSMENT IN THE NAVY.   After your reputation is destroyed by a sexual harassment charge, you can only hope to save your career.   Military members are not covered by the Equal Employment Opportunity Commission (EEOC).  Rather, each service has issued regulations prohibitting sexual harassment and […]

The Legal Process for Navy Officer Firings

  Navy officers are frequently fired, or relieved of his or her duties, for alleged misconduct, incompetence, or poor leadership, or simply because something unfortunate happened under his or her watch. In 2015, there were 20 commanding officers fired, 4 executive officers fired, and 8 senior enlisted leaders fired. There were also dozens of officers […]

NMCCA SEXUAL CONTACT

The Navy Appeals Court Makes an Interesting Observation of Sexual Contact Under Article 120, UCMJ   In United States v. Loeffler, NMCCA20150217 (May 31, 2016), a split Navy-Marine Corps Court of Criminal Appeals (NMCCA) finds factual insufficiency in Sgt Loeffler’s conviction for aggravated sexual contact.  Like Most Military Sexual Assault Cases, This Case is Fact-Driven […]

Jacksonville Military Criminal Defense Lawyer

Jacksonville Criminal Defense Attorney for Active Duty Military   I spent 10 years on active duty in the Navy JAG Corps and now I am a civilian attorney located in Jacksonville, FL.  I routinely represent active duty Navy, Army, and Marine Corps members who are facing Florida state criminal charges in Duval, Nassau, and St. […]

Abeyance of Privileges. How to respond.

When a military doctor receives a notice that his/her privileges at the military hospital have been placed in abeyance and approval for off-duty employment revoked, I generally see two reactions. The most common reaction by a military doctor who has had his/her privileges placed in abeyance is to think that he or she can resolve […]