13

Jan

What Exactly is a Court-Martial?

A court-martial is a military version of a civilian criminal proceeding. Like its civilian counterpart, it requires an accused to be proven guilty beyond a reasonable doubt, but any real similarity ends there. Differences include:Courts-martial are specifically intended to try mi...

View More

Category: Courts-Martial


13

Jan

An Introduction to the SCRA

Are you a member of the United Army Reserve who has just been called up for active duty? An active-duty Marine or Soldier who is about to be deployed for several months? A Sailor who just got notified that you will be going out to sea for another tour? If so, you may be understan...

View More

13

Jan

Article 31(b) Rights: What Every Service Member Needs to Know

The Fifth Amendment to the United States Constitution protects civilians against compulsory self-incrimination. In the seminal case of Miranda v. Arizona (1966), the United States Supreme Court ruled that when a person is interrogated while in police custody, they must be read th...

View More

13

Jan

Gerald R. Healy Awarded “10 Best” Attorneys for South Carolina by the American Institute of Criminal Attorneys (AIOCLA)

The AIOCLA recently announced their 2016 “10 Best” Criminal Law Attorneys for Client Satisfaction in South Carolina. After thoroughly researching each candidate by the AIOCLA, Mr. Healy was formally nominated by the institute, clients, and fellow attorneys. He was chosen based on...

View More

13

Jan

Should I make a statement to law enforcement?

Should I make a statement to law enforcement? A question that any servicemember must ask themselves if they are the subject of a criminal investigation. Several weeks ago, a client of MJA requested and received a meeting with his commanding general in accordance with the Army Regu...

View More

13

Jan

Sexual Assaults in the Military

Why Would Anyone Make A False Allegation of Sexual Assault? Much ink has been spilled over the military’s handling of sexual assaults over the past decade. Some in the general public think that the military doesn’t take sexual assaults, or allegations thereof, seriously, or worse ...

View More

Category: Punitive Articles


13

Jan

Warning: Social Media Could Be Considered In Court-Martial Cases

Social media continues to be a hot topic of debate in many tried cases, raising questions about the legal validity of Facebook posts, tweets and comments on web sites as evidence. Unlike most American citizens, members of the military are held to the highest of standards and the p...

View More

Category: Courts-Martial


13

Jan

Should I Accept Article 15 Nonjudicial Punishment?

Nonjudicial punishment under Article 15, UCMJ, is a disciplinary measure more serious than administrative reprimands but less serious than trial by court-martial. Whether to accept or refuse nonjudicial punishment is one of the most important decisions a service member can make a...

View More