For the servicemember acquitted at a military court-martial for any offense, but particularly of sexual assault charges, the sense of vindication is often short-lived. Many find themselves convicted of related or even unrelated, minor misconduct and face a seemingly endless battle of administrative consequences. Aside from the military’s other administrative measures to end the member’s … Read more
What many have dubbed a controversial ruling when federal judge, Richard Berman, vacated the four-game suspension that the NFL had handed down against Tom Brady for his “general” knowledge of deflation of footballs should be seen as a victory for process. Popular opinion seems to indicate that Tom Brady’s money bought him this verdict. Ironically, … Read more
I am a small business owner. I make my living by trying to help members of the military and veterans. But let’s be honest: my services come at a cost to those whom I serve. For veterans who have left the service under less than fully honorable conditions, at least according to their DD Form … Read more
The relationship that is forged between a criminal defense attorney and her client must include trust. Ethical duties of confidentiality and the attorney-client privilege aside, if a military service member does not trust his attorney, the defense itself is likely doomed. For persons that do not practice criminal law, a common question posed to the … Read more
When I am speaking with a potential new client that has a pending command investigation, one question that inevitably comes up is what work is included in exchange for the retainer fee. Unlike many if not most of my competitors, my retainer agreement includes efforts to keep their issue from becoming an action, whether it … Read more
One of the fundamental choices a military accused has is his decision to testify in his own defense or to remain silent. No matter how much advice he will receive on this issue, ultimately the decision is his alone. Most military judges will inquire on the record to ensure when the accused elects not to … Read more
A few weeks ago I wrote a blog about the process to go through when the government denies a requested witness for trial. Hopefully, I came across as level headed and tempered. I write today incredibly ill-tempered. There is a trend across the services among government counsel to deny every witness that could damage the … Read more
Many practitioners in military practice long ago wrote off the idea of truly being able to test the fairness of those in the position to decide the verdicts (findings) in military courts-martial. Military judges on the whole loathe any questions that probe deeply into potential biases or the appearance of potential biases, desiring more an … Read more
What is missing from the dialogue about the military and its sexual assault “epidemic” that no one wants to hear is that the military has done everything it can to stop sexual assault in its tracks. From creating positions of attorneys that represent the alleged victims to strengthening advocacy groups and providing other resources to … Read more
For the Soldier, Sailor, Airman, Marine, or Coast Guardsman that is aware that he is being investigated for sexual assault, an “investigation” can drag on for months and months and even up to a year. Stonewalls and silence are all this “suspect” finds from chain of command and peers alike. By regulation and instruction, uniformed … Read more
Unconditional Waivers to Article 32(b) Proceedings are Dangerous and Unwise There is an alarming trend right now among military defense counsel: they are telling their military clients that there is no point in participating in an Article 32(b) proceeding anymore and the client is better off just waiving his right to the hearing. I disagree. … Read more
I am currently preparing for my first oral argument to take on the government’s efforts to systematically deprive the military accused of the special protections he has long since enjoyed under Article 32(b) proceedings. Historically, the military accused was afforded protections above and beyond those of his civilian counterpart because Congress LONG AGO recognized that … Read more
Before a military prosecutor, court-martial defense attorney, and an accused ever set foot in the courtroom and before any evidence is introduced at trial, the most critical piece to determining whether that accused will be found guilty or not guilty already occurred months before: the charging decision. What do I mean by the “charging decision?” … Read more
As Congress continues its legislative assault against Servicemembers, it is crucial to be aware of the policy that it believes it is setting forth. Congressional dialogue revolves around the purported wish to make the military justice process more in line with “the civilian” system. I could devote an entire blog to why Congress’ stated intent is … Read more
The most notable consequence to a letter of reprimand or a general office memorandum of reprimand is going to be what the filing determination is going to be. If that particular reprimand is filed locally, there will not be a future impact on the service member’s career. If, however, that reprimand is filed in the … Read more
Even though military law is a fairly small specialty focus, the number of civilian court-martial lawyers that are hanging their “shingle” and practicing before military courts-martial is on the rise. With Internet advertising and many civilian military attorneys who offer global availability, you can find yourself overwhelmed by your options. To help you sift through … Read more