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A Pretrial Agreement

The Uniform Code of Military Justice guarantees a Soldier the right to a court martial by members, and protects against self-incrimination.  Despite these guarantees, the vast majority of court martial cases end in a plea of guilty, not trial by members. Although a Solder has the right to plead not-guilty and require a court-martial panel…

201101.04 0

Motion to Dismiss for Lack of Speedy Trial

The Sixth Amendment right to a speedy trial is applied to military jurisprudence through two separate and distinct provisions– Rule for Court-Martial (R.C.M.) 707 and Article 10 of the Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 810).  While both provisions seek to protect the same constitutional right, and while there is considerable overlap…

201009.30
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Yet Another Outstanding Result!

The government charged a Fort Hood soldier with two specifications of rape, eight specifications of wrongful use of marijuana and cocaine, and four specifications of being absent without leave from his unit.  The soldier decided to retain my services after his Article 32 resulted in a recommendation that all charges go forward to a General Court-Martial. Once…