There are all types of charges under the Uniform Code of Military Justice (UCMJ) and therefore all types of potential defenses. Whether a defense applies depends on the specific facts of the case, the offenses alleged, and the law. Here we discuss some of the most common court-martial defenses and when they might apply., Read More
Guaranteed by the Fifth and Sixth Amendments to the United States Constitution, the right to counsel is arguably the most important guarantee in the Bill of Rights because it is through counsel that all other rights are protected. It is the attorney who preserves the rights of their clients, gives confidential advice, and who, Read More
The Sixth Amendment to the United States Constitution guarantees a criminal defendant the right to a speedy and public trial. In the military, the Sixth Amendment speedy trial protections are triggered upon preferral of charges or the imposition of pretrial restraint (e.g. confinement). While an accused will often allow pretrial delay in order to, Read More
Criminal defendants in the United States are presumed to be innocent under the law. While an accused is never required to prove his or her innocence, the Constitution does guarantee them the right to present a defense if they so choose. This includes the right to have notice of the charges and evidence against, Read More
The right to trial by jury is the cornerstone of the American system of justice. James Madison, one of the major contributors to the Constitution, stated that “Trial by jury is essential to secure the liberty of the people as any one of the pre-existent rights of nature.” The belief was widely held by, Read More
The right to remain silent is one of the most important rights to a person suspected of criminal misconduct. Provided by the Fifth Amendment to the United States Constitution and Article 31, Uniform Code of Military Justice (UCMJ), the right to remain silent allows a service member to refuse to answer any question that, Read More
Military officers, cadets, and midshipmen are held to the highest personal and professional standards. When those standards are not met, officers may be administratively punished or even criminally prosecuted for violating Article 133, UCMJ, conduct unbecoming an officer and a gentleman. When your military career, future, and freedom are on the line, you need, Read More
May 1, 2023 – Press Release MJA is excited to announce that Chip Hodge – who joined our firm last July – has moved into a full-time role as Partner. Chip’s practice areas include military administrative and criminal defense, civil litigation, and family law. Chip, a retired Lieutenant Colonel in the United States Marine, Read More
Service members convicted at court-martial can face significant punishments. Depending on the nature and severity of the crime, these punishments can include years in confinement, discharge from the military, reduction in rank, forfeiture of pay and allowances, and even death in the most serious cases. When your career, freedom, and future are on the, Read More
It has long been speculated that ingestion of legally purchased foods containing poppy seeds could result in a positive urinalysis for morphine or codeine. In 2023, the Department of Defense finally confirmed these suspicions and suspended reporting of codeine results on all urinalyses processed by the DoD. MJA understands the significant adverse consequences that, Read More