PSA: How To Be A Good Client
If your lawyer needs documentation or needs your assistance on your case, that takes priority.
Alcohol and Consent in the UCMJ (part 2)
One. Why does the military put out this misinformation about alcohol and consent? And two, what does the law actually say about it? Well, first: it is a scare tactic. The goal is to discourage service members from even putting themselves in a sensitive situation. But this is a disservice because service members need to … Read more
Court Martial Bloopers Part 4
So I’m prosecuting a case at a Fort Riley, Kansas, circa 2012. I’m prosecuting us an E-5 for very serious offenses that happened that he did to his daughter.
Alcohol and Consent in the UCMJ (part 1)
Alcohol and consent. Did you know you can still drink and consent to intimate relations with another person? Any civilian watching this is like, “yeah, duh.” But if you’re in the military, that might be news to you. One of the biggest problems that I still have to this day as a trial attorney during … Read more
PSA: Statutory Bar To Upgrading Discharge
Today’s public service announcement involves discharge in lieu of separation. Every branch calls it something a little bit different; in the Army, it’s called a Chapter 10, the Air Force used to call it a Chapter 4, now they call it a Chapter six, the Navy and the Marine Corps call it a SILT (a … Read more
Obstructing Justice Under the UCMJ
One of the offenses that we’re often asked about is obstruction of justice under the UCMJ. The specific article is 131 Bravo. The elements of that offense are as follows, that the accused wrongfully committed a certain act that the accused did. So in the case of a certain person against whom the accused had … Read more
How to Request Alternate Findings from the Approval Authority in an Army Regulation 15-6 Investigation
For those facing the challenge of disputing findings from a command investigation, seeking the advice and representation of private civilian counsel can be invaluable.
Does A Deferred Adjudication Impact Military Career?
You need to remember and realize that a deferred adjudication will always be seen as an admission of guilt no matter what it represents in the civilian court system.
Court Martial Bloopers Part 3
Court martial bloopers part three. So this one is Fort Riley, Kansas Circle around 2011. I’m prosecuting, I’m doing a special victim prosecution.
Military Rule of Evidence 404(b) – in Military Justice
In the military criminal justice system, Military Rule of Evidence [MRE] 404(a) generally prohibits the use of character evidence in order to demonstrate that the person is guilty of an unrelated offense on the charge sheet.
The Double Jeopardy Clause
Two separate sovereign governments can in fact prosecute a person for the same offense without violating the double jeopardy clause of the Fifth Amendment.
Do You Need a Lawyer to Fight an Article 15?
In the disciplined environment of the military, adhering to rules and regulations is paramount. However, when a service member is accused of a minor infraction or misconduct, they may face what is known as an Article 15, or non-judicial punishment. Non-Judicial Punishment | NJP in the Military The implications of receiving an Article 15 can … Read more
10 Rights You Have During Command Investigations From Army Regulation 15-6
Command investigations can be daunting but knowing your rights under Army Regulation 15-6 gives you a roadmap to navigate this challenging process. When you’re facing allegations, understanding these rights is paramount.
Army Sexual Assault Lawyer
Sexual assault within the ranks of the military is a grave issue that demands specialized legal intervention. In such cases, the role of an Army sexual assault lawyer is critical—not only to defend the accused but also to navigate the complex interplay of military regulations and the broader justice system. These attorneys are not just … Read more
Double Jeopardy and The UCMJ
Imagine being tried for the same crime twice. Scary, right? But in the military, there’s a twist. Today we’re talking about double jeopardy and the UCMJ. Hi, I’m Cody Harnish, a military defense attorney representing only service members under the UCMJ. We’ve all heard of double jeopardy from TV. In the movies, you can’t be … Read more
10 Steps to Challenging a Referred OER Under Army Regulation 623-3 and Army Regulation 600-20
Navigating the process to challenge a Referred Officer Evaluation Report (OER) is a complex task that requires a clear understanding of the Army regulations and a methodical approach. Based on the guidelines set forth in Army Regulation 623-3 and Army Regulation 600-20, here are ten steps service members can take to contest a referred OER … Read more