13

Jan

December 19, 2017

How the Military Handles Domestic Assault Charges

Active duty service members facing criminal charges often face legal battles in two court systems; civilian court, and court martial via the military justice system. Both can have long-lasting consequences to your life and military career. Domestic assault charges are particularl...

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Category: Courts-Martial


13

Jan

October 18, 2017

How the Military Tests for Illegal Drugs

When it comes to illegal drug use, military service members are held to a much higher standard compared to civilians. Irrespective of the decriminalization of drugs in several U. S. States, the military has not changed their stance on the illicit use of controlled substances. The ...

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Category: Punitive Articles


13

Jan

September 19, 2017

Understanding Preferral and Referral of Charges

The concept of a court martial may seem mystifying to some, but it doesn’t have to be. Every military service member should understand the core components of the court martial process. In that spirit, let’s take a look at two essential elements of military court: preferral and re...

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Category: Courts-Martial


13

Jan

September 4, 2017

What to Do (or Not Do) If You Are a Suspect to a Crime in the Military

If you are suspected of a crime in the military, it’s critical that you understand your rights and how to invoke them. These basic rights include the right to remain silent and to have an attorney present during questioning by a law enforcement agent. However, beyond your basic C...

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13

Jan

August 19, 2017

What to Do and What Not to Do if You are Under Command Investigation

When a service member is accused or suspected of misconduct, that person's commanding officer may initiate a preliminary inquiry or command investigation (also known as an AR 15-6 investigation in the Army) to look into the allegations. Generally, the commanding officer wil...

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13

Jan

July 19, 2017

An Overview of Article 32 Hearings

Article 32, Uniform Code of Military Justice (UCMJ), requires that a preliminary hearing be conducted before criminal charges may be referred to general court-martial for trial. A “preliminary hearing” or “Article 32 hearing”, as it is colloquially referre...

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Category: Courts-Martial


13

Jan

May 19, 2017

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 ...

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Category: Courts-Martial


13

Jan

April 19, 2017

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...

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13

Jan

April 19, 2017

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...

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13

Jan

April 10, 2016

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

The AIOCLA recently announced its 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 r...

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