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
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
Think military service members don’t have rights at a trial or legal proceeding. Service members have rights just like they do in civilian courts. One essential right that I find a lot of military members do not know about is the right to have legal representation. You can choose to be represented by one of … Read more
So, after a very long and arduous battle. My client is free. He had been suffering under false allegations of sexual assault for the last, gosh, almost a year. And this allegation came from an accuser who decided to come forward more than 15 months after their brief sexual encounters. She fell prey to what … Read more
The experienced attorneys at The Law Office of Jocelyn Stewart are accustomed to defending senior servicemembers against allegations of all kinds. While we are known for our victories at trial, we also resolve many cases early by proactively dealing with allegations during the investigation process. In recent years, many of our senior military clients have … Read more
At the Law Office of Jocelyn Stewart, we routinely represent military leaders accused of misconduct ranging from sexual harassment claims to fraud and everything in between. In recent years, a new type of allegation has grown in frequency and seriousness for our more senior clients, with some new and confusing terms. The term “toxic leadership” … Read more
A common situation that causes military personnel to reach out to our office is the distressing experience of being told by their leadership that they are facing involuntary administrative separation… and then in the next breath hearing that same leader immediately say, “you need to start the clearing process.” This can cause stress and confusion … Read more
This idea of lawyers being used as shields is not a new one. Plenty of movies and TV shows have moments where someone says the phrase “talk to my lawyer!” Often this phrase is touted against an adversary, enemy, or just someone who is in a position of authority or power. It’s also used in … Read more
I am (often) critical of legal advice the government provides to its commander client. I was recently reminded that in the grey where command sometimes operates, the military client seldom does himself or herself any favors by filing complaints. Even when the command is not following process. At least not before speaking with a seasoned … Read more
On 26 January 2022, the President signed an executive order making Sexual Harassment an explicit offense under the Uniform Code of Military Justice.
The firm often fields questions about whether or not the command or police authorities can seize personally owned weapons from service members. As many issues in the law, it depends. A search warrant or other valid authority is required for law-enforcement to search for evidence, but there are other legal reasons why law-enforcement may be … Read more
If you are a servicemember thinking about secretly recording a conversation with law enforcement, your commander, or other military officials, that’s a sign that you probably should be talking to an attorney who specializes in military legal issues.
Whether or not members of your unit, your command, and even military law enforcement can enter your military housing can be a complicated issue. Military family housing is a type of private residence. It is true that the military “owns” the buildings used for military family housing, and often those quarters are leased through an … Read more
A friend reminded me recently that even though not everyone can afford my full representation, there are plenty of people who still need and value my time. I think a lot about time and spend a great deal of time writing about it. Time is the only currency that can never be replaced. As I … Read more
After almost nine years in private practice, my firm moved to paid consultations for some categories of new clients. I have been tempted to do so for many years. My impulse earlier this year was for all consultations to be paid, but I backed off from it. When I first started out, I fielded a … Read more
I cannot care more about a military client’s case than they do. Well, technically, I can, and I have. But I won’t. Anymore. When I was in uniform defending Soldiers in Germany and later at Fort Hood, Texas, I found myself stressed and on the brink of exhaustion. I was trying to carry an entire case … Read more