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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13

Jan

Article 138 Complaints: What You Need to Know

Article 138, UCMJ, allows service members who have been wronged by their commanding officer to petition a superior commissioned officer for relief. When used correctly, Article 138 complaints are a powerful tool to stop abusive commanders from unlawfully punishing or otherwise ad...

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13

Jan

Camp Lejeune Justice Act FAQs: Debunking the Barracks Lawyers

“Barracks lawyers” on Facebook have been working overtime since the Camp Lejeune Justice Act was signed into law. Like the barracks lawyers you remember from active duty (salty Lance Corporal types who had been busted down multiple times and would offer “legal advice” at the smok...

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13

Jan

I was Discharged for Not Taking the COVID-19 Shot: What Now?

So, you stuck to your guns and refused to get the jab? When everyone else caved to pressure from peers and their command, you stood strong and refused to compromise your convictions. And the military rewarded your courage by discharging you from the service for misconduct and, mo...

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