Defending Capital Sexual Battery (Child Sex Abuse) Cases in Jacksonville, FL

The only thing worse than child sexual abuse, which in Florida is charged as Capital Sexual Battery or Lewd or Lascivious Molestation, is being falsely accused of child sexual abuse. I have defended numerous child sexual abuse cases in both State and military courts, and so often prosecutors, investigators, and social workers are blinded by […]

Military Drug Cases

When I first joined the Navy JAG, it was common to see courts-martial where the sole charge was a violation of Article 112a, UCMJ, for wrongful drug use.  We called these “single spec pop” cases because the case involved a single specification (charge) based on a positive urinalysis drug test (hence the “pop”).  Over the […]

Military BAH Fraud, Theft, and Repayment

I have handled dozens of BAH (basic allowance for housing) fraud (also sometimes called BAH theft) cases over the years.  They come in several varieties including: a) sham marriages (a marriage for the sole purpose of getting BAH or an increase in BAH) b) the member divorces but never updates his dependent application with personnel […]

Florida Division of Military Retirement Pension In Divorce

I am constantly contacted by recent military retirees in Florida who want to know whether they can change the provision in their divorce judgment as it relates to division of a military pension with a former spouse. The common scenario is this:  military member gets married young and divorces some years later.  The military member […]

NROTC Performance Review Board Guidance

Performance Review Boards, or a “PRB,” is the formal hearing before a panel of officers given to a Naval Reserve Officer Training Command (NROTC) student before a disenrollment or discipline decision is given by the NROTC unit Commanding Officer or Professor of Naval Science (PNS).   At the PRB, the student has many important rights […]


The majority of cases reviewed by administrative judges from the Department of Hearings and Appeals (DOHA) involve allegations of financial concerns under Guideline F to DoD Directive 5220.6.  Financial concerns for security clearance applicants are almost always raised following a review of the applicant’s credit reports during the investigation process.  The Central Adjudication Facilities (CAF) […]

How to Fight Getting Kicked Out of the Marine Corps

1) Stay out of trouble The biggest mistake that Marines make when they are told they are being kicked out of the Marine Corps (often with an “OTH”) is to throw in the towel and engage in additional misconduct. I represented an officer who tested positive on a urinalysis. He was so upset about the […]

What is the difference between a Special Court-Martial and a General Court-Martial

Special Courts-Martial The special court-martial can try any servicemember for any noncapital offense or, under presidential regulation, capital offenses. Special courts-martial generally try offenses that are considered misdemeanors. A special court-martial can be composed of a military judge alone, not less than three members, or a military judge and not less than three members. Contrary […]

Fighting NROTC and ROTC Disenrollment

ROTC stands for Reserve Officer Training Corps.  The Army, Air Force, and Navy maintain ROTC programs at colleges and universities around the country. There are two types of ROTC Cadets or Midshipman: scholarship and non-scholarship.  Those “on scholarship” have their education paid for and receive monthly living allowances in exchange for a defined military obligation […]

Search of Computers for Child Pornography

Does sharing a computer with someone give that person authority to consent to a search and seizure by law enforcement during a child pornography investigation? This was the question that the Seventh Circuit Federal Court of Appeals recently answered in United States v. Wright.  In Wright, a husband and wife had a domestic incident and […]