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More Than 20 Years Of Active Duty Military Service
Yes. In most cases, you are able to file an appeal if convicted of rape, sexual assault or other sexual misconduct under Article 120 of the Uniform Code of Military Justice (UCMJ). Your appeal depends on the type of court-martial proceeding: summary, special or...
If you are under investigation by military police, you retain certain rights against illegal searches and seizures of property, just as civilians have under the Bill of Rights. However, those protections differ significantly depending on the circumstances and where...
A failed drug test can severely damage a military career and result in court-martial proceedings. The consequences differ depending upon your rank, the type of drug and the branch of the armed services to which you belong. Military members with positive drug tests...
In this series on the difference between court-martials and civilian cases, we focus on criminal accusations that lead to life-changing and potentially life-ending consequences following a court-martial verdict. Court-martials involve crimes and cases specific to the...
In this series on the difference between court-martials and civilian cases, we look at the potential verdicts and the rules governed by both civilian and military courts. Various options exist for both civilians and members of the military when it comes to resolving...
In this series on the difference between court-martials and civilian cases, we look at the difference between federal rules of evidence and military rules of evidence. Starting with the first Manual for Courts-Martial publication in 1895, military and civilian law...
In this series on the difference between court-martials and civilian cases, we look at the different processes military and civilian defendants face in asserting and protecting their rights. The most decorated servicemember can find themselves on the wrong side of the...
Desertion and AWOL, for absent without official leave, are two charges the government brings against some service members who fail to report for duty. We detailed those two offenses as well as the potential penalties and defenses in previous blogs. A third similar...
By joining the military, you agree to strict rules over conduct, duties and when you may take leave. Service members who fail to show up for duty can face severe punishment depending upon the circumstances. Previously, we looked at AWOL, or absent without official...
In this series on the difference between a court martial and civilian cases, we look at the history of the growing differences between the two legal proceedings. The decision to enter military service requires time and inner reflection for a potential recruit....