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 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.
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.
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.
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
How To Fight Administrative Separation
On any given day in the U.S. Armed Forces, multiple servicemembers will get written notice from their unit telling them that they are getting kicked out for something they are accused of having done. This is known as administrative separation. Some assume that there is nothing you can do about this, but that is far … Read more
Understanding The Consequences Of An Administrative Separation For Misconduct
Officially, the military’s method of formally prosecuting misconduct (and “kicking out” those who commit it) is through a court-martial or military trial. What many don’t know is that far more cases of alleged misconduct are resolved through involuntary administrative separation than by courts-martial. An “administrative separation” is also known sometimes as a “Chapter” or a … Read more
10 Things You Need to Know about Evidence at an Army Board of Inquiry
Navigating evidence at an Army Board of Inquiry requires a nuanced understanding of military law and procedure. By familiarizing oneself with the tenets outlined in Army Regulation 15-6, individuals can better comprehend the evidentiary framework that underpins these proceedings.
PSA: Traffic Stops
Messy Military Lawyer. Today’s public service announcement involves traffic stops. Let’s say you find yourself late one night early in the morning and the police have pulled you over. Are you going to hand them your military ID because you somehow think that’s going to get you out of trouble? Don’t do it. Hand them … Read more
How To Request Reconsideration on Findings from a Command Investigation
When you are facing investigation and the aftermath where you need to request reconsideration of a command investigation’s findings, it’s crucial to protect your rights and interests throughout the process.