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 mi...

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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 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...

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13

Jan

June 24, 2015

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...

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13

Jan

April 9, 2015

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 ...

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Category: Punitive Articles


13

Jan

November 16, 2014

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...

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Category: Courts-Martial