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 military offenses. All jurors are service members specifically selected by the base commander, Read More
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, Read More
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 their Miranda rights. These protections include not only the right to remain, Read More
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 receiving the highest degree of professional achievement in criminal and military law,, 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
Why Would Anyone Make A False Allegation Of Sexual Assaulted? Much ink has been spilled over the military’s handling of sexual assaults over the past decade. Some in the general public think that the military doesn’t take sexual assaults, or allegations thereof, seriously, or worse yet, that the military establishment is complicit in crimes, Read More
Social media continues to be a hot topic of debate in many tried cases, raising questions about the legal validity of Facebook posts, tweets and comments on web sites as evidence. Unlike most American citizens, members of the military are held to the highest of standards and the proper use of social media is, Read More
If you are an active duty military member, or a spouse, then it is important to know that under the Servicemembers Civil Relief Act (SCRA), you have additional safeguards to protect you from an improper foreclosure on your house. The SCRA requires banks and other lenders to take additional judicial steps when dealing with, Read More
Nonjudicial punishment under Article 15, UCMJ, is a disciplinary measure more serious than administrative reprimands but less serious than trial by court-martial. Whether to accept or refuse nonjudicial punishment is one of the most important decisions a service member can make and, depending on their decision, can have significant consequences. Military Justice Attorneys has, Read More