13

Jan

Do I Have a Defense? Common Defenses Under the UCMJ

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-ma...

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Category: Courts-Martial


13

Jan

Understanding Article 130, UCMJ – Stalking

From the jilted ex-lover, to the stranger leering at the attractive new neighbor, to the maniac with road-rage or the violent sociopath that turns an online date into a romantic obsession, Hollywood is well-known for its psychological thrillers and “stalker” movies. While Hollywo...

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13

Jan

Withdrawal of Federal Recognition (WOFR) for Army National Guard Officers

Commissioned and warrant officers serving the Army National Guard can be subject to withdrawal of Federal recognition (WOFR) proceedings when there is “sufficient evidence” of misconduct, substandard duty performance, or other concerns or conditions that warrant separation proces...

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13

Jan

Liability of United States Contracting Companies in Hostile Locations

Our firm is often contacted by people who are curious about lawsuits against government contracting companies in Iraq, Afghanistan, Somalia, and other conflict regions to which the United States sends its military. While class action lawsuits are sometimes brought against governm...

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13

Jan

Defense Base Act Benefits to SIV Holders and Refugees

Where the United States Military goes, so does a large amount of funding to support military bases and embassies, to repair infrastructure after a conflict, and generally to execute United States’ missions abroad. Much of this funding goes to pay local nationals for their service...

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13

Jan

Administrative Demotions: How the Army Strips Soldiers of Rank

Promotions in the United States Army are earned, not given, and are often the product of years of hard work and dedication. Given the sacrifices it takes to get promoted, there are few things more demoralizing to a service member than being involuntarily demoted. While administra...

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13

Jan

Historic Changes to the Manual for Courts-Martial and Military Justice

On 28 July 2023, President Biden signed Executive Order (EO) 14103 implementing significant amendments to the Manual for Courts-Martial (MCM). [1] These changes include the creation of a new Office of Special Trial Counsel (OSTC) and reforms to the court-martial sentencing system ...

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13

Jan

Looking Back on 2023: MJA’s Year in Review

It was an exciting, fast-paced, and ground-breaking year for MJA filled with battles won, new clients we were proud to represent, and expansion into new and existing practice areas. In 2023, MJA fought victoriously for clients at courts-martial, administrative separation boards, c...

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13

Jan

Fundamental: The Right to Counsel (Part 5)

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 th...

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Category: Courts-Martial


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