13
Jan
The military is unique. It provides members and their families with housing, jobs, grocery stores, and gas stations. It only makes sense that the military would keep within its community its own judicial system. While there are several similarities to the civilian court system, m...
View MoreCategory: Courts-Martial
13
Jan
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...
View MoreCategory: Courts-Martial,
13
Jan
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 ...
View MoreCategory: Punitive Articles
13
Jan
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...
View MoreCategory: Courts-Martial
13
Jan
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...
View MoreCategory: Frequently Asked Questions
13
Jan
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 will appo...
View MoreCategory: Frequently Asked Questions
13
Jan
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 referred to, is an important pr...
View MoreCategory: Courts-Martial
13
Jan
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...
View MoreCategory: Courts-Martial
13
Jan
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...
View More13
Jan
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...
View MoreCategory: Administrative Appeals
13
Jan
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...
View MoreCategory: MJA News and Announcements
13
Jan
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...
View MoreCategory: Frequently Asked Questions
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