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…
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…
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…
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…
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…
