Members of the Armed Forces are required to be at or near their assigned duty station at all times unless military orders or leave requests dictate otherwise. Failing to report in a timely manner to your appointed place of duty can lead to an Absence Without Leave (AWOL) charge under the Uniform ...
In 2014, Washington DC's Initiative 71 legalized the recreational use of marijuana in the District of Columbia. But how legal is “legalized”? While possession-based arrests have decreased in the years since Initiative 71 passed, arrests are still made for public consumption and possession above t...
Going through a divorce, for most people, can be a difficult time. It is emotionally draining and can also be a financial burden. The length of the marriage, the amount of shared property and assets, the reasons for the divorce, and whether there are children adds to the complexity of the matter....
According to the Department of Veterans Affairs (VA), in fiscal year 2017, claimants generally waited less than 125 days for an initial decision on a VA disability claim, if they chose to appeal however, the average wait for a final decision was three years. In an effort to improve the appeals pr...
Today we wrap up our three-part series on the hearsay rules in the Military Rules of Evidence (MRE) by discussing exceptions to the hearsay rules when the declarant is unavailable to testify as a witness. We'll also cover what's known as the residual exception, which is the catch-all for circumst...
Congress passed the Military Justice Act of 2016 in order to reform and update the Uniform Code of Military Justice (UCMJ) and Manual for Courts-Martial (MCM). However, it did not go into effect until this January 1, 2019. Part of the implementation required that the judge advocates (a/k/a JAGs)...
President Trump threatened to revoke the security clearances of several former senior government officials, like the former CIA director, John Brennan, former FBI director, James Comey, and former CIA director, Michael Hayden. This has lead people to ask, “Can he do that?” You might not be too...
Various federal laws exist to protect workers and applicants from discrimination by private employers based on their race, color, religion, national origin, sex, age (over 40), disability, or genetic information. These laws include the Pregnancy Discrimination Act, the Equal Pay Act, the Age Disc...
President Donald Trump proclaimed December 2018 to be the National Impaired Driving Prevention Month. As the proclamation states, “Every day, lives are needlessly lost and irreparably altered by collisions involving drugs or alcohol. These horrible tragedies are avoidable, and each of us must mak...
Pro se legal representation comes from the Latin phrase, “for oneself,” or “on behalf of themselves.” It's legal speak for when someone represents themselves in court without the assistance of a lawyer. There are plenty of legal matters that you can pursue on your own, without having to hire an a...
Hearsay- Exceptions when the Declarant is Available to Testify In our last post on hearsay we explained both how Military Rules of Evidence (MRE) 801 defines hearsay and how it excludes certain statements from the general rule—found in MRE 802—that hearsay is inadmissible in courts-martial pro...
Most people know that “hearsay” is unreliable and inadmissible in court, but the term “hearsay” is a legal term that's often used incorrectly. That's not surprising because in military courts-martial, just as in civilian courts, the concept of hearsay is a tangled mess of definitions, exclusions,...
Does a military jury have to be unanimous? When the government charges you with a crime under the Uniform Code of Military Justice (UCMJ), the prosecution doesn't have to convince a unanimous jury that you're guilty beyond a reasonable doubt unless the penalty for the crime is death. In ou...
We previously provided an overview of military juries in a prior blog post, today we get into more specific questions about the composition and number of jurors, or “members.” Aren't I entitled to be judged by twelve? Aren't I entitled to a jury of my peers? Perhaps you've heard the phrase...
The Uniformed Services Employment Reemployment Rights Act Congress passed the Uniformed Services Employment Reemployment Rights Act (USERRA) in 1994. The purpose of the legislation was to: “to encourage non-career service in the uniformed services by eliminating or minimizing the disadvanta...
Patriots Law Group represents clients in every type of disability case! VA Disability Claims: Representing clients with service-connected disabilities is one of Patriot Law Group's top priorities. As a veteran owned law practice, we have seen and lived through the VA disability system and kno...
The short answer is that yes, military investigators and police can lie to you. Many people operate under the false assumption that if they are questioned by a military investigator that the investigator has to tell you the truth, however that is not the case. Police and military investigators c...
“A single incident of misconduct can render service in a grade unsatisfactory despite a substantial period of otherwise exemplary service.” -Air Force Instruction 36-3203 A few years ago the Air Force made news when it stripped several general officers of their ranks for sex scandals. The redu...
In the military there are no grand juries. The military's version of a grand jury hearing or probable cause hearing is called an Article 32 investigation. There are three types of Courts-Martial in the military: Summary, Special and General. Only a General Court-Martial requires an Article 32 ...
Everyone has seen Law and Order, or another cop or lawyer show on TV. The suspect is read his Miranda rights: “You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be ...
Divorce is always a difficult and complex process, which can become even more complicated when one spouse is a military servicemember. Especially when one's military pension is at issue. In some instances, when a veteran receives new disability benefits not contemplated during the divorce, this ...
Like most people, your cell phone is likely another appendage to your body. You probably carry it with you everywhere you go, you online bank with it, check your Facebook, text your friend, send emails, make calls, order pizza, etc. Cell phones carry a lot of your information. That is what makes ...
The U.S. Department of Labor (DOL) recently issued a decision awarding medical benefits to Veronica Landry, a KBR contractor who worked at Mosul Air Force Base in Iraq. Landry suffered from lung disease related to her daily exposure to “burn pits” while in Iraq. Burn pits are a common way to ...
Coast Guard Rape Conviction Overturned for Too Many Women on the Jury Through some recent media coverage, you may have heard about a recent court decision overturning a Coast Guard rape conviction for “jury stacking.” The jury was predominately female, included multiple sexual assault vic...
By, Toni Quinn O'Neill, top court-martial defense attorney When you are under suspicion, investigation or facing charges as a military member, you need to ensure that you are doing everything you can to save your career, your freedom, your reputation, and your future. Are you doing that b...
