I rarely bad mouth active duty JAGs who serve as assigned military defense counsel. One reason is that I was one of them. I supervised them. I trained them. Every day there are court-martial being defended where I had some type of impact on either the judge, prosecutor, or defense counsel. In my reserve capacity …
Court-Martial Defense – The investment in a court-martial defense team Read More »
Florida’s “10-20-Life” law is a law that requires courts to impose a minimum sentence of 10 years, 20 years, or 25 years to life for certain felony convictions involving the use or attempted use of a firearm or destructive device. If the firearm is an assault weapon or machine gun, they must impose a sentence …
This post will discuss retirement grade determinations (RGD) for Regular Navy and Marine Corps Officers. This post addresses the situation in which an officer has earned the right to retire as an officer but may face a RGD. There are certain requirements to retire as an officer that will not be addressed in this post; …
Retirement Grade Determinations for Navy and Marine Corps Officers Read More »
I take a handful of discharge upgrade cases each year. I am very selective on the cases I take for several reasons: the cases have a long lifespan if they are done right (normally more than 2 years); the chance of success is relatively low if the case does not involve PTSD, homosexuality and a …
Discharge Upgrades – VA actually has some darn good guidance Read More »
Do you love that video? “Beyond a doubt”! Not sure who came up with that, but over the years there are known errors at the military’s drug labs – across all services. False positives, contamination, misplaced or lost samples, and unknown DNA contributors in the urine. And it shouldn’t be unexpected. Did you see how …
Positive Military Drug Test for THC – What does it mean? Read More »
I recently wrapped up a Navy Board of Inquiry (board found no misconduct; returned member to duty) where the officer was alleged to have “wrongfully used a prescription drug.” During the 8months it took to get this case before a board of inquiry, the officer was transferred from his normal position to a temporary assignment, …
CASE STUDY: POSITIVE MILITARY DRUG TEST FOR PRESCRIPTION DRUGS Read More »
Whether it is a State, Federal, or Military criminal prosecution, the loss of evidence or the failure to preserve favorable evidence can undermine a criminal defendant’s ability to successfully mount a defense. The police/investigators are the first persons investigating a crime. They do this, normally, before anyone has been charged and hopefully soon after the …
Loss of Evidence in a Criminal Case – Any Relief? Read More »
The military drug testing laboratories first screen each urine sample using a presumptive immunoassay screening test. Those samples that test negative for the 9 substances (possibly 10 if a synthetic cannabinoids screening is completed) are discarded and negative results are reported. Those samples that test positive during the immunoassay screening are retained and tested for …
Administrative Separation Board – Positive urinalysis for prescription drug defense Read More »
Korody Law routinely receives calls asking for assistance to appeal a DoD ISCR security clearance denial after a judge has denied the clearance. Because of the legal standard for a DoD security clearance appeal, an applicant normally has an uphill battle to win an appeal. THE BEST OPPORTUNITY TO OBTAIN A FAVORABLE SECURITY CLEARANCE DECISION …
Top Ten Reasons To Hire A Military Retirement Expert Military Retirement Benefits Are Not Handled In The Same Manner As Private Pension Plans, Which Are Governed By ERISA (Employee Retirement Income Security Act). In Florida, many service members assume that the soon-to-be former spouse is entitled to a specific amount of the military retirement by …
Florida Military Retirement Division in Divorce Expert Read More »