When government contractors receive a Statement of Reasons, they are given a choice whether to elect for a hearing before an Administrative Judge or have an Administrative Judge issue a decision based on the written record. Once that election is made and an applicant’s response has been submitted, Department Counsel (a trial attorney employed by […]
Read moreThere is a lot of confusion about marijuana use while possessing a clearance now that a number of states have legalized recreational use of the substance. Marijuana use, however, remains illegal at the federal level. While a small amount of recreational use prior to applying for a clearance may be mitigated by legality at the […]
Read moreCurrent and former military members who were investigated for a crime may have their names entered in the title block of a law enforcement activity report, have their identifying information including criminal history data and fingerprints indexed in DCII, and have DNA samples collected and submitted to USACIL. This information can have negative impacts on […]
Read moreCommanders have the authority to issue two types of protective orders: “No Contact Orders” and Military Protective Orders (MPOs). Commanders, First Sergeants, or anyone with a higher rank than the recipient can issue No Contact Orders. These orders temporarily halt communications between disputing parties, not reaching the level of a criminal investigation, or safeguard the investigative process in criminal matters. On the other hand, MPOs, exclusive to commanders (officers on G-series orders), are typically issued to safeguard individuals during criminal investigations, particularly to prevent spousal, child, or intimate partner abuse.
Read moreMidshipman, U.S. Naval Academy, Annapolis, MD Result: Disenrollment Proceedings Terminated
Read moreImagine potentially derogatory information has been identified that may have a bearing on your eligibility for access to classified information. Perhaps it is self-reported information or maybe it was discovered as part of the automated continuous evaluation background checks. This information may result in an Incident Report that DCSA CAS or another Agency Adjudicator uses […]
Read moreRule 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 […]
Read moreStarting 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 […]
Read moreOn 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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Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.
Army E-4 was charged with possession of child pornography and was facing the possibility of 10 years confinement, a dishonorable discharge, and a sex offender registration. At his Article 32 hearing, our knowledgeable cross-examination of the government’s forensic computer expert highlighted the government’s inability to prove that our client ever viewed the files of child pornography that were found on his computer. As a result, the government WITHDREW AND DISMISSED the charge against our client.
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