Should I Go Judge Alone?
One of the frequent questions I hear in my practice relates to whether or not a military member facing court-martial should “go judge alone.” Specifically, that means that a military judge rather than a court-martial panel will decide guilt or innocence and then decide on an appropriate sentence.
Is a Guilt finding at NJP an actual conviction?
A guilty finding at a Non-Judicial Punishment (NJP) is never a ‘conviction.’ Non-judicial punishment is not a criminal proceeding. The purpose of non-judicial punishment is to correct minor shortcomings among service members.
Temporary Disability and Severance Pay
As a Soldier, physical and mental fitness for duty is required to serve. If an injury or illness has hindered a Soldier’s ability to serve, medical retirement does not automatically follow.
Naturalization Through Service
Military.com ran an Associated Press story about the Army quietly discharging immigrant recruits. We found this story particularly troubling because immigration is a hot-button political issue impacting families all over this country, and the idea of a pathway to citizenship for those who demonstrate their loyalty through service is just and honorable.
When Experts Matter
We prosecuted a hard-fought trial in Pennsylvania involving the death of a woman. We obtained a full acquittal after almost two years of motions practice and battling with the prosecution. Although the trial lasted four days, the jury deliberated less than thirty minutes before reaching a verdict.
The Language of Command
Crisp Military Law recently represented a military member at their in-person appearance for Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice. While not a complete victory, the outcome was highly favorable for the client and resulted in suspended punishment.
Will the Military Automatically Upgrade My Discharge?
One of the most common urban legends in the military is that a negative service characterization or discharge will be upgraded after six months. Throughout the 15 years that I have been practicing military law, I have heard this idea repeatedly.
Strategic Court-Martial Defense
“Strategic” refers to identifying long-term or overall aims and interests and the means of achieving them. Recently, the attorneys at our firm discussed the goals and reasonable potential outcomes for several of our ongoing cases. The conversations reminded me of discussions with other military officers when I was deployed
Fairness for Veterans Act 2016
In 2016, The U. S. Government Accountability Office studied Department of Defense (DOD) data collected from 2011 to 2015. Consequently, their analysis found that during the years 2011 to 2015, 91,764 service members were separated for misconduct.
Rebut and Appeal a Negative Military Evaluation
Service members should consider rebutting or appealing a negative military evaluation to avoid lasting effects on their careers.
