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 particularly damaging to service members. Under The Lautenberg Amendment, police officers and military personnel, Read More

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 Constitutional Rights, it is equally important, Read More

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 appoint a senior enlisted or officer within his/her command to investigate the, Read More

If you are an active duty servicemember who is under investigation for drugs, the answer is unequivocally, “No.” As a general matter, Federal law requires that records which contain information on the identity, diagnosis, prognosis or treatment of individuals in a substance abuse rehabilitation program are confidential and are authorized to be disclosed under, Read More

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 Regulation 600-20 “Open Door” Policy. The MJA client, who is, Read More

Non-judicial punishment or Article 15 has historically been used as a tool by commanding officers and generals to handle a range of misconduct, from order violations, DUI, fraternization, to even low-level sex crimes.  Whether to offer NJP/Article 15 is at the discretion of the commanding officer or general imposing NJP.  NJP/Article 15 is rarely, Read More