What are the new UCMJ Sentencing Guidelines?

Rule for Courts-Martial (RCM) 1002 establishes the military justice system’s new sentencing procedures. With the exception of death penalty cases, the military justice system has transitioned to judge-alone sentencing. That is, members will still determine the findings of the court-martial (guilty or not guilty), but the military judge will determine the sentence following the appropriate […]

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Category: JAG Defense Blog

Security Clearance Retained Despite Repeated Drug Use

GUIDELINE H: Drug Involvement and Substance Misuse Mid-Atlantic:  Government Contractor applying for a first-time Secret level clearance received a Statement of Reasons (SOR) alleging marijuana purchase and use at varying frequencies over the prior five (5) years.  Marijuana was only legalized in the contractor’s state of residence during the last year of use, but remains […]

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Category: Security Clearance Success Stories

What Are “Covered Offenses” Under the UCMJ?

Starting on December 28, 2023, military commanders are required to report all allegations of “covered” offenses to the Office of the Special Trial Counsel. The OSTC holds exclusive authority to determine whether a reported offense falls under the category of covered offenses. Additionally, the OSTC may also exercise its authority over related offenses, offenses alleged […]

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Category: JAG Defense Blog

Office of the Special Trial Counsel

On 27 December 2023, each branch of the military officially stood up their Office of the Special Trial Counsel (OSTC). These offices are made up of specially trained JAGs with exclusive authority over “covered” offenses.  Covered offenses are primarily personal violence offenses specifically including sexual assault. The OSTC for each service is responsible for prosecuting […]

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Category: Firm News, JAG Defense Blog

Forcible Sodomy Charges Dropped

E-3 Marine engaged in a consensual sexual relationship with another Marine in his unit. When he decided to break off the relationship, she threatened to report him for forcible sodomy on multiple occasions. Regrettably, she actually did it, and then bragged about it to other Marines in the unit. Our client’s chain of command immediately […]

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Category: Military Success Stories

November 2023

Marine Corps E-3 General Court-Martial, Fort Gregg-Adams, VA Result: All Charges Withdrawn and Dismissed

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Category: Recent Results

October 2023

Air Force O-3 General Court-Martial, Lackland AFB, TX Result: Full Acquittal

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Category: Recent Results

September 2023

Army O-3 Board of Inquiry, Fort Sam Houston, TX Result: Officer Retained

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Category: Recent Results

August 2023

Air National Guard O-6 Secretary of the Air Force Inspector General Investigation Result: All Allegations Unsubstantiated

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Category: Recent Results

July 2023

Air Force O-5 Security Clearance Adjudication for Allegations of Drug Use Result: Favorable Adjudication from DoDCAF (Clearance Retained)

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Category: Recent Results