Stackhouse Law Firm, Ltd. - Military Defender Legal Blog
Many service members are surprised to learn that their legal exposure does not stop with the Uniform Code of Military Justice (UCMJ). In certain situations, military personnel may face federal criminal charges in civilian courts, either instead of—or in addition to—court-martial proceedings. These cases carry severe consequences that can affect freedom, military careers, and future civilian opportunities. At MilitaryDefender, a…
Military investigations are a serious and often overwhelming experience for service members. Whether initiated by command, law enforcement, or a third-party report, an investigation can place a military career, reputation, and future at immediate risk. Many service members are unaware of how these investigations operate or the rights they have when questioned—mistakes made early in the process can have long-lasting…
For many service members, a security clearance is more than a job requirement—it is the foundation of their military career and future opportunities in federal service or defense contracting. When a clearance is denied, suspended, or revoked, the impact can be immediate and devastating. Loss of assignment, stalled promotions, forced separation, and long-term career damage often follow. At MilitaryDefender, a…
Allegations of sexual misconduct in the military are among the most serious and life-altering accusations a service member can face. Unlike civilian cases, these allegations are handled under the Uniform Code of Military Justice (UCMJ), a system that combines criminal law with military discipline. Even before formal charges are filed, an accusation alone can result in investigations, restrictions, loss of…
For many veterans, the end of military service does not mark the end of its impact. A less-than-honorable discharge or inaccurate military records can continue to affect employment opportunities, access to VA benefits, security clearances, and personal reputation for years—or even decades. Fortunately, military law provides legal pathways for veterans to seek discharge upgrades and record corrections, offering a second…
The infamous Question 21 of the security clearance form (SF-86) once asked if the applicant had sought help from mental health professional within the last seven. Saying yes was a red flag and even caused at least one person to leave the military rather than answer it. With greater awareness of PTSD and other documented mental health challenges related to…
A recent report CBS News online released a report earlier this week about the military’s alleged failure to handle sexual crimes aggressively. According to the report, in “cases filed between 2018 to 2020, the Department of Defense’s inspector general found that 64% did not have properly trained prosecutors assigned to them.” This report claims that less than half of all…
Separation hearings, generally In general, SBs and BOIs are very similar, the primary difference is that SBs are for enlisted servicemembers and BOIs are for commissioned officers. The Department of Defense has outlined procedures for both separation boards and boards of inquiry. These can be complex proceedings requiring in-depth legal knowledge. Work with a lawyer experienced with separation hearings to…
What is a general court-martial? The general court-martial is the procedure for adjudicating high-level military crimes. As noted above, it is the most serious of the three types of courts-martial and it involves serious and capital crimes akin to felonies in the civilian criminal justice system. A general court-martial can be called by the General Courts-Martial Convening Authority. The Convening…
What is the summary court-martial? In general, the summary court-martial is the least serious of the three types of court-martial. It involves the least serious offenses and the least detailed and intense procedures of the three. In most cases, a commanding officer or higher possesses the authority to order a summary court-martial. Even though it is the least serious of…