In State, Federal, and Military Courts, almost every case now involves a smart phone: phone logs, text messages, photos, contacts, email…. you name it, and the police want access to the treasure-trove of information on the phone. There are so many legal issues when it comes to searches of smart phones – vague and overbroad […]
Compelling Cell Phone Passwords So the Police Can Get into the Phone Read More »
A summary court-martial, especially after January 1, 2019, isn’t really a court-martial at all. Effective January 1, 2019, as part of the Military Justice Act of 2016, a summary court-martial finding of guilty can never be a criminal conviction. Prior to this amendment to the Uniform Code of Military Justice (UCMJ), states, who are the
When I first started practicing military law, the Navy had 4 Navy Drug Screening Laboratories (NDSL). NDSL Jacksonville – still open, though it has had issues in the past, it was generally thought to be the most well-run laboratory. NDSL Great Lakes – still open, has had at least 2 documented false positive reports and
Another Issue at the Navy Drug Screening Laboratory Read More »
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
Retirement Grade Determinations (RGDs) for Navy & Marine Corps Officers Retirement Grade Determinations (RGDs) for Regular Navy and Marine Corps officers are governed by SECNAVINST 1920.6 (series) and the federal statute 10 U.S.C. § 1370, which establishes the legal standard for determining the grade in which an officer will retire. Many officers assume that reaching
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 »
Positive Military Drug Test for THC? Free Case Consulatation! Let Korody Law provide you a free case consultation regarding your positive military drug test. Contact Korody Law Positive THC Drug Test Do you love that video? “Beyond a doubt”! Not sure who came up with that, but over the years there are known errors
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 »