13

Jan

Understanding Camp Lejeune’s “Elective Option” Settlement Offer

Marines and loved ones who have filed a Camp Lejeune water contamination claim may be offered a financial lump sum to end their claims early through what is being called the Elective Option (EO). Under the Elective Option, an eligible claimant can be offered up to $550,000 to res...

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13

Jan

Fundamental: The Right to a Speedy Trial (Part 4 of 5)

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. confin...

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Category: Courts-Martial


13

Jan

Fundamental: The Right to Present a Defense (Part 3 of 5)

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 t...

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Category: Courts-Martial


13

Jan

Fundamental: The Right to Trial by Jury (Part 2 of 5)

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 bel...

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Category: Courts-Martial


13

Jan

Fundamental: The Right to Remain Silent (Part 1 of 5)

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 memb...

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Category: Courts-Martial


13

Jan

Article 133, UCMJ – Conduct Unbecoming an Officer

Article 133, UCMJ – Conduct Unbecoming an OfficerMilitary 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 ...

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Category: Punitive Articles


13

Jan

Chip Hodge Named as MJA Partner

May 1, 2023 – Press ReleaseMJA 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 Lieute...

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13

Jan

From Death to Discharge: Types of Court-Martial Punishments

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 ...

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Category: Courts-Martial


13

Jan

Can Poppy Seeds Cause a Positive Drug Test?

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 urin...

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Category: Courts-Martial,


13

Jan

FY23 NDAA Changes to Military Law

On December 23, 2022, President Biden signed the National Defense Authorization Act (NDAA) for Fiscal Year 2023 (FY23) into law. The NDAA contains important updates to military law including recission of the COVID-19 vaccine mandate, expanded judicial review of court-martial conv...

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Category: Courts-Martial


13

Jan

SECDEF Rescinds COVID-19 Vaccine Mandate for Military

On 10 January 2023, the Secretary of Defense rescinded the requirement that U. S. service members be forced to receive the COVID-19 vaccine in order to serve in the military. While rescission of the COVID-19 vaccine mandate is certainly great news for service members pending exempt...

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Category: COVID-19 Vaccine


13

Jan

Looking Back on 2022: MJA’s Year in Review

It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, grateful clients, and expansion into new and existing practice areas. In 2022, MJA fought victoriously for clients at courts-martial, administrative separation hearings, and military correcti...

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