Understanding an Article 32 Hearing and Its Role in a General Court-Martial
In the Army, Navy, Marine Corps, Air Force, and Space Force military justice system, an Article 32 hearing serves a critical role. This proceeding stems from Article 32 of the Uniform Code of Military Justice (UCMJ) and functions as a procedural safeguard to determine whether sufficient evidence exists to warrant a trial by general court-martial. Below is a detailed breakdown of what an Article 32 hearing entails and where it fits within the general court-martial…
Understanding Military Law: Types of Crimes and Their Implications
Military law serves as a specialized legal system designed to govern members of the armed forces. Unlike civilian law, it addresses the unique circumstances and demands of military service, ensuring discipline, efficiency, and readiness. In this post, we will explore the various types of crimes handled under military law, focusing on military-specific offenses, crimes that overlap with civilian law, and the foundational policies behind the Uniform Code of Military Justice (UCMJ). We will also delve…
Understanding Court-Martial Punishments in the U.S. Military
The Uniform Code of Military Justice (UCMJ) governs the conduct of U.S. military personnel, ensuring discipline and order within the armed forces. When service members violate the UCMJ, they may face a court-martial—a judicial proceeding similar to civilian criminal trials. The severity of the offense and the specific circumstances determine the type of court-martial convened and the corresponding punishments. Types of Courts-Martial The military justice system comprises three primary types of courts-martial, each varying in…
Understanding THC Delta-8: What It Is, Common Hemp Products, and What to Watch Out For
What is THC Delta-8, and how is Delta-8 THC different than Delta-9 THC? THC Delta-8 (Delta-8-tetrahydrocannabinol) is a naturally occurring cannabinoid found in cannabis and hemp plants. Chemically similar to Delta-9-THC (the primary psychoactive compound in marijuana), Delta-8-THC has a slightly different structure. This structural difference makes Delta-8 less potent and results in milder psychoactive effects compared to Delta-9. Delta-9 is the stronger of the two and is what most people think of when they…
Protecting Your Phone from Searches by Military Law Enforcement: What You Need to Know
In the digital age, our phones hold a treasure trove of personal information—photos, messages, emails, location history, and even financial data. If you’re under investigation by military law enforcement, such as the Naval Criminal Investigative Service (NCIS) or the Army Criminal Investigation Division (CID), it’s crucial to understand your rights and how to protect your phone from searches. Methods of Unlocking Your Phone Most smartphones today offer several methods of unlocking: Passcodes (PIN, Alphanumeric Password):…
Understanding Adultery Under the UCMJ and How to Protect Yourself
As a service member, adhering to the standards of the Uniform Code of Military Justice (UCMJ) is part of your duty. One area that often raises questions is the offense of adultery, now referred to as “extramarital sexual conduct” under Article 134 of the UCMJ. Understanding what constitutes this offense, its consequences, and your rights is crucial if you ever face such an allegation. What is Adultery Under the UCMJ? Adultery, or “extramarital sexual conduct,”…
The Uniform Code Of Military Justice Explained
Facing charges under the Uniform Code of Military Justice (UCMJ) can be a daunting experience. Understanding the structure and scope of the UCMJ is crucial for any service member navigating this challenging situation. This blog post aims to provide a comprehensive overview of the UCMJ, highlighting what it encompasses and clarifying its limitations. Understanding the UCMJ The UCMJ serves as the foundational legal framework governing all members of the United States Armed Forces. Established by…
The Burden of Proof in a Court-Martial: What Every Service Member Needs to Know
Facing a court-martial is a serious and often overwhelming experience for military personnel. One of the most critical concepts to understand is the burden of proof, which dictates how the prosecution must prove its case. Additionally, it’s essential to know that as the accused, the defense has no burden of proof in a court-martial. Throughout this process, having an experienced civilian military attorney by your side can ensure that your rights are protected and that…
Understanding the New Office of the Special Trial Counsel (OSTC) in the Military
The military justice system has undergone a significant transformation with the creation of the Office of the Special Trial Counsel (OSTC). This change, brought about by the National Defense Authorization Act (NDAA) for Fiscal Year 2022, reshapes how certain serious offenses are prosecuted in the armed forces. For military members facing allegations of covered offenses, understanding these changes is critical to navigating the system and preparing a robust defense. At KMD, our attorneys were both…
Navigating the Waters of Pretrial Confinement in the Military Justice System
MILITARY PRETRIAL CONFINEMENT Pretrial confinement in the military is a legal process that involves keeping a servicemember in the brig before their trial. This confinement is different from civilian pretrial detention in several ways, primarily due to the unique structure and requirements of the military justice system. Kral Military Defense (“KMD”) has represented countless clients in pretrial confinement proceedings. Pretrial confinement can lead to court-martial, and you need an experienced attorney to represent you. Legal…
Navigating the Court-Martial Process: A Comprehensive Guide
Facing a court-martial is one of the most challenging experiences a service member can encounter. It represents a critical juncture in your military career and personal life, often accompanied by uncertainty and fear of the unknown. Whether you are accused of a minor offense or a more serious violation, being well-prepared can make a significant difference in the outcome of your case. This guide explores the court-martial process in detail, highlighting your rights, preparation strategies,…
Understanding Incapacitation in the Context of Article 120
Article 120 of the Uniform Code of Military Justice (UCMJ) has undergone numerous revisions over the past two decades, particularly concerning offenses related to “rape and sexual assault.” In the current version of Article 120, the term “incapable” is central to defining rape and sexual assault, encompassing both the act itself and the alleged victim’s ability to consent. If an individual is rendered unconscious of administered a substance that impairs their ability to appraise or control…
Understanding and Defending Against Fraternization Allegations Under Article 134, UCMJ
Facing allegations of fraternization can be a challenging and stressful experience for servicemembers. Fraternization is governed by Article 134 of the Uniform Code of Military Justice (UCMJ), which establishes the prohibition against improper relationships between officers and enlisted personnel. Each branch of the military also has its own regulations outlining acceptable conduct, including OPNAVINST 5370.2E for the Navy, AFI 36-2909 for the Air Force, and AR 600-20 for the Army. What Is Fraternization? Fraternization refers…
How Long Does a Court Martial Take?
The duration of a court-martial process is a vital consideration for any service member facing charges. At Kral Military Defense, we understand that the length of this legal procedure can significantly impact the lives of our clients. In this article, we delve into various factors that determine how long a court-martial might take, providing our clients with a comprehensive understanding of what to expect. Types of Court-Martial Firstly, it’s important to identify the type of…
Can You Demand a Court-Martial? Exploring Your Rights Under Military Law
When facing allegations of misconduct, military personnel might encounter the challenging question of whether they can be denied a court-martial. This decision can significantly affect a service member’s career, reputation, and legal record. In this blog post, we will examine the concept of Non-Judicial Punishment (NJP), the rights afforded to service members, and the circumstances under which a court-martial is an option. By understanding the nuances of military justice, you can make informed decisions that…
What Happens When You Fail a Drug Test in the Military?
The military maintains a strict “zero tolerance” policy towards drug use among its members, encompassing both the Active Component and the Reserves. This policy is rooted in the expectation that service members, trusted with the nation’s security, should refrain from engaging in any illegal activities, including the misuse of drugs. This encompasses the prohibition against using prescription drugs that have not been prescribed to the individual or using prescribed drugs in a manner not directed…
Article 128b, UCMJ: Domestic Violence and Your Rights as a Servicemember
Domestic violence is a serious offense under military law, governed by Article 128b of the Uniform Code of Military Justice (UCMJ). If you are a servicemember, understanding what constitutes domestic violence, the legal criteria for guilt, and your options for defense is essential to safeguarding your career, reputation, and personal freedom. This article provides an in-depth explanation of Article 128b, its elements, potential penalties, and steps to take if accused. What Is Domestic Violence Under…
Article 120, UCMJ: What Servicemembers Need to Know About Sexual Offense Allegations
For servicemembers, understanding Article 120 of the Uniform Code of Military Justice (UCMJ) is essential. This section of the UCMJ governs offenses related to rape, sexual assault, and sexual contact. These crimes carry serious consequences, including confinement for decades, dishonorable discharge, and forfeiture of pay and allowances. Whether you are seeking to protect yourself from an allegation or better understand your rights and responsibilities, this guide will break down Article 120 and provide insight into…
Everything You Need To Know About Court Martial Appeals
Within the military justice system, court-martial proceedings play a crucial role in maintaining discipline and upholding the rule of law. There are three distinct forms of court-martial: summary, special, and general, each with its own set of rules and conditions for appealing rulings. In this comprehensive exploration, we delve into the intricate processes involved in appealing convictions at different levels of court-martial, shedding light on the rights of the accused, the role of military courts…
Meet the Director of Client Relations
Dealing with legal issues is an extremely stressful experience. Many servicemembers feel ostracized from their unit, abandoned by their command, or afraid that venting could be used against them in their case. Every military criminal defense law firm has attorneys to assist you with your case. But Kral Military Defense goes a step further to make sure your needs are met by having a Director of Client Relations as part of our team. We’d like…
Transparency In Military Justice: Lessons Learned From The NIMJ Conference
The National Institute of Military Justice (NIMJ) is a nonprofit organization dedicated to military justice reform. Steph has the honor to serve as a Fellow at the NIMJ. The NIMJ held a conference in Washington D.C. on October 6, 2023, focused on transparency in the military justice system. Panels at the conference included legal scholars, military justice experts, journalists, policymakers, and 1st Amendment lawyers. Abby represented KMD at the conference. Multiple insights emerged from the…
Mental Health In The Military
Warning: This post contains discussions of suicide. If you are in crisis, contact The Military Crisis Line. It is a free, confidential resource for all servicemembers: Dial 988, then press 1. Mental health is extremely important to all of us at Kral Military Defense. We represent servicemembers through some of the hardest times of their lives. Because we practice exclusively within the military justice system, every single one of our clients has taken the oath…
Behind The Scenes Of Military Courts-Martial: Understanding The Process
Military courts-martial are unique legal proceedings that are used to address violations of military law and maintain discipline within the armed forces. They operate differently from civilian courts, with their own set of rules and procedures. What are Military Courts-Martial? Military courts-martial are used to try military personnel who are accused of committing offenses under the Uniform Code of Military Justice (UCMJ). The UCMJ is a federal law that governs the conduct of members of…
Am I Being Charged? How To Know When You Are Facing Charges In The Military Justice System
We get a lot of questions at KMD from people who believe they’re being charged with a UCMJ offense in the military justice system. Here’s a guide to figuring out whether you’re being charged with a crime under the UCMJ. If you have any questions, you can always call us at 855-707-UCMJ to get all your questions answered. What happens when military police talk to you? When you get called into PMO, CID, NCIS, AFOSI,…
Military Protective Orders And No Contact Orders
In the military, both Military Protective Orders (MPOs) and No Contact Orders (NCOs) are legal tools used to address issues related to interpersonal conflicts, harassment, or potential threats within the military community. However, they serve different purposes and have distinct characteristics: Military Protective Order (MPO): A Military Protective Order is issued on a DD Form 2873. After it has been issued, it is typically distributed to the protected person, the servicemember’s personnel file, and law…
