Article 31 is actually stronger than Miranda. It actually protects military service members from self-incrimination. More than Miranda protects civilians against self-incrimination service members have to be told what article they are accused of violating with Miranda.
Messy military lawyer, PSA, public service announcement. You’ve gone on dates, you’ve hooked up, you’ve had interactions with a young lady. Maybe things didn’t go the way she wanted. Maybe things didn’t turn out the way you wanted. Do not, do not, do not delete your text. Do not delete your call history. Do not … Read more
The army defines hazing in a very specific way. An Army command policy 600-20, paragraph 4-19, specifically subparagraph A1, hazing is defined as a form of harassment that includes conduct through which either soldiers or even DA civilians without proper military authority or governmental purpose, but with who have some type of a nexus to the military physically or psychologically injure, or create a risk of physical or psychological injury to soldiers.
As I say goodbye to the part of me that kept hope alive to finish what I started, thank you for allowing me to step into the space of knowing that I have indeed finished. I have. And yet, I have only just begun.
So can you be prosecuted in the military for what you post online? Absolutely.
Can a soldier be denied leave while going through UCMJ? The short answer is yes, but it doesn’t have to be that way. So leave is one of those things that you’re not entitled to leave is something that you can receive. A lot of times you see that people will be denied leave when … Read more
How do you catch a child molester? Jocelyn Stewart, Esq. knows first hand what it’s like to defend the innocent and catch a pedophile. But how do you do so when there is very little published on the subject? “I wanted to do the work the right way…so I grew my own personal library…I also … Read more
More and more we get calls and questions about what harassment in the military is. The cynic in me is inclined to answer that harassment is just about anything that anyone claims it is. Seriously. At least that is the first blush at the answer. I cannot count how many investigations I have reviewed where … Read more
DO.NOT.DELETE.YOUR.TEXT.MESSAGES.OR.PHOTOS and backup your data to the cloud. Too often someone will call and tell me that they are being accused of a terrible crime and that they had evidence that would prove the allegation is false, but they have deleted that evidence off their phones. Every time I hear this, my heart sinks for … Read more
It is not my job to develop uniformed counsel. Each of the services has an organization charged with training its counsel. I do not work for them, although I am sometimes invited to collaborate and to teach them. Years ago, I offered to uniformed counsel to come and work with me in drafting the cross-examination … Read more
Years ago, when the rating scheme for judge advocates changed from being rated within the Office of the Staff Judge Advocate (the other senior lawyers) to being rated by the commanders (who are the customers that are receiving the legal advice), I did not realize the danger. I did not know enough to be concerned. … Read more
There is a reason that the Equal Opportunity and Equal Employment Opportunity (EEO) processes *encourage* resolution at the lowest level. Many issues arise from a failure to communicate or from misunderstanding. A simple, “hey, what did you mean by that?” goes a long way. Or at least it could. And from my perspective, it should. … Read more
I return often to the idea of finding my joy. I have had many humbling experiences not so long ago that helped me see a reflection in the mirror that bore little resemblance to joy. In Master Resiliency Training, I was reminded of the power of positivity in “Hunting the Good Stuff.” I am a … Read more
When the command initiates an investigation against you, your world may be turned upside down. You are put into a limbo status while awaiting the investigation’s results. For a while, only field grade officers (O-4s and above) could see the investigation’s results and respond to any negative (derogatory) findings. However, company grade officers (O-3s) are … Read more
When I released each book in military motions practice, I had colleagues question why I would give away the special sauce. They reasoned that this somehow dilutes the likelihood that I would be hired as counsel on cases when I was giving away my “secrets” to the free uniformed military counsel. The same questions arise … Read more
Like so many of you, I am deeply troubled by violence our children and educators are being forced to endure, witness, or imagine to the point of feeling unsafe. Many people I love and care for keep adding discord to the topic and are merely sharing upsetting memes and trumpeting “do more!” “do something!” “make … Read more