What is the single most important thing a service member should do in the first 24 hours after learning they are under UCMJ investigation?
The first twenty-four hours after a service member learns they are under UCMJ investigation are…
Can a soldier who reported sexual assault be charged under UCMJ themselves if the investigation reveals contradictions in their account?
Sexual assault reporting in the military is structured around protections designed to encourage reporting, but…
Does a court-martial conviction prevent a veteran from working in federal law enforcement after discharge?
Federal law enforcement positions, including agencies such as the FBI, DEA, Border Patrol, and federal…
Can a soldier be involuntarily separated following a court-martial acquittal through a separate administrative process?
Acquittal at court-martial is a complete defense to criminal liability for the charged conduct. It…
How does a UCMJ charge, even without a conviction, affect a soldier’s next promotion board evaluation?
A UCMJ charge that does not result in conviction is not necessarily invisible to a…
What happens to a soldier’s pay, rank, and benefits during the appellate process, and if the conviction is overturned, does the military owe back pay?
The period between conviction and the completion of appellate review is governed by rules that…
Can newly discovered evidence reopen a closed and final court-martial conviction?
New evidence discovered after a court-martial conviction has reached final judgment faces a demanding standard…
How long does a convicted service member have to file an appeal after court-martial sentencing?
The appellate timeline in the military justice system depends on the type of court-martial and…
If a witness recants their statement before trial begins, can the prosecution still introduce the original statement as evidence?
A witness who recants before trial does not automatically eliminate the original statement from the…
Can a soldier facing court-martial be confined before trial without a formal hearing, and for how long?
Pre-trial confinement is available to the military justice system as a tool for ensuring the…
Does a commanding officer’s documented personal animosity toward a soldier constitute independent grounds for dismissal of charges?
A commanding officer who harbors personal animosity toward a subordinate and then initiates or escalates…
Can a military judge dismiss charges outright for prosecutorial misconduct that occurred during the investigation phase?
Prosecutorial misconduct in the military context covers a range of conduct, from improper discovery practices…
If a senior officer publicly called a soldier guilty before trial, can that statement get the charges dismissed?
Public statements by senior officers about the guilt of a service member who has not…
What is unlawful command influence, how do you prove it in court, and what remedy does the military judge apply when it is found?
Unlawful command influence is the UCMJ's most serious structural concern, and the military justice system…
Can a civilian attorney and an assigned JAG defense counsel work together on the same court-martial case?
Civilian and military defense counsel can work together on the same court-martial case, and in…
Does retaining a civilian attorney signal guilt to a military panel or to the chain of command?
The right to retain civilian counsel at a court-martial is absolute, and neither the military…
What specific tactical and procedural things can a civilian military attorney do that a JAG defense counsel structurally cannot?
The JAG attorney assigned to represent a service member is a military officer whose career…
Can a military family member be subpoenaed and compelled to testify against a service member at court-martial?
The military court system has the authority to compel testimony from witnesses, including family members…
Will a court-martial conviction affect my military dependent benefits, base access, and commissary privileges?
A court-martial conviction and the discharge that follows can affect not only the service member…
How do I locate and retain a civilian military defense attorney when my spouse is stationed overseas?
Finding the right civilian military defense attorney requires knowing where to look and what qualifications…
As a military spouse, am I entitled to attend my husband’s court-martial proceedings as a member of the public?
Court-martial proceedings are generally open to the public, and a service member's spouse or family…
How does evidence gathered by a foreign government get treated in a U.S. military court proceeding?
Evidence gathered by foreign law enforcement or intelligence agencies and then shared with U.S. military…
Can a civilian military defense attorney physically travel to Germany, Japan, or South Korea to represent a service member?
A civilian military defense attorney is not limited to appearing in courts near their office.…
If a crime is committed off-base in a foreign country, does host nation jurisdiction or UCMJ jurisdiction take precedence, and does SOFA status change that?
When an offense occurs on foreign soil, the question of which legal system has authority…
Who has the authority to appoint an AR 15-6 investigating officer, and what rank must that officer hold relative to the subject?
The regulations governing AR 15-6 investigations establish specific requirements for who may serve as an…