Your Rights During Military Cell Phone Searches
A Complete Guide for Service Members If you’re a service member facing an investigation where your cell phone may be seized, understanding your rights is crucial. Your digital devices contain some of your most private information, and the military justice system has specific rules governing when and how these devices can be searched. This guide will help you navigate the complex intersection of Fourth Amendment protections and military law enforcement investigations. Your Constitutional Rights Still…
Article 92 Violations: From Minor Infractions to Major Misconduct
Understanding failure to obey orders and regulations, including how minor violations can escalate If you’re a servicemember facing an Article 92 charge, you’re likely feeling overwhelmed and uncertain about what comes next. Article 92 of the Uniform Code of Military Justice (UCMJ) covers “Failure to Obey Order or Regulation,” and it’s one of the most commonly charged offenses in military courts. What many servicemembers don’t realize is that Article 92 violations exist on a broad…
Secretary Hegseth’s Charlie Kirk Directive
Your Rights and Risks as Social Media Investigations Begin The Bottom Line Up Front: Defense Secretary Pete Hegseth has ordered Pentagon staff to identify service members who made negative posts about conservative activist Charlie Kirk following his assassination. Multiple service members have already been relieved from their positions. If you’re facing investigation for social media activity, understanding your legal rights and the applicable regulations is crucial to protecting your career. The Current Situation: What’s Happening…
How to Handle CID, NCIS, or OSI Contact Without Making It Worse
When military investigators from CID, NCIS, or OSI contact you, the decisions you make in the first few moments can determine the entire trajectory of your case. Whether you’re dealing with allegations of sexual assault, domestic violence, drug offenses, or any other serious matter, how you respond to investigator contact is critical to protecting your future, your career, and your freedom. The Reality of Military Investigations Military law enforcement agencies—Naval Criminal Investigative Service (NCIS) for…
Military Justice for Junior Enlisted
Military Justice for Junior Enlisted: Why You’re Most at Risk and How to Protect Yourself If you’re a junior enlisted servicemember, you need to understand a harsh reality: the military justice system doesn’t treat everyone equally. While senior personnel often have more protections and resources when facing disciplinary action, junior enlisted personnel like you bear the brunt of UCMJ enforcement and face unique vulnerabilities that can derail your career before it even gets started. The…
Article 32 Hearings: The Preliminary Hearing Officer
The Role of the Preliminary Hearing Officer at an Article 32 Hearing If you’re facing a general court-martial, the Article 32 preliminary hearing represents one of the most critical stages in your case. At the center of this proceeding sits the Preliminary Hearing Officer (PHO), whose role and recommendations can dramatically shape the trajectory of your entire case. Understanding what this officer does and how their decisions impact your future is essential for any servicemember…
Understanding the VA Character of Discharge Review: New Opportunities Under the 2024 Regulatory Changes
Veterans seeking access to VA benefits face numerous challenges, but one of the most significant barriers has historically been the character of their military discharge. If you received an Other Than Honorable (OTH), Bad Conduct Discharge (BCD), or other less-than-honorable discharge, you may have been told you’re ineligible for VA benefits. However, significant changes effective June 25, 2024, may have opened new pathways to the benefits you’ve earned through your service. What is a VA…
What is Double Jeopardy in the Military?
Double Jeopardy and the UCMJ: Why Military Members Face Unique Legal Challenges For civilian defendants, the concept of double jeopardy is relatively straightforward: you cannot be tried twice for the same crime. However, for members of the U.S. military, the legal landscape is far more complex. Service members operate under a dual jurisdiction system that can expose them to multiple prosecutions and various forms of military discipline that would surprise most civilians. Understanding Double Jeopardy…
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards
Why “He Said, She Said” Might Be Enough: Understanding Evidence Standards Military justice operates under its own unique set of procedures and rules of evidence, yet many servicemembers facing allegations don’t fully understand how evidence works in these proceedings. If you’re currently facing accusations of sexual assault or domestic violence, understanding these concepts could be crucial to your defense. Burden of Proof in Military Trials In military courts, just like civilian courts, the prosecution must…
Testifying in Your Own Defense at a Court-Martial
Should You Testify in Your Own Defense at a Court-Martial? One of the most critical decisions a military service member faces during a court-martial is whether to testify in their own defense. This decision can significantly impact the outcome of your case, and it should never be made lightly. Let’s explore the advantages and disadvantages of taking the stand, and why this decision must be carefully considered with experienced legal counsel. The Right to Remain…
The Effective Use of Character Witnesses
The Impact of Character Witnesses in Military Court-Martial Proceedings When facing a court-martial, administrative separation board, or board of inquiry, the testimony of character witnesses can significantly influence the outcome of your case. These witnesses provide valuable insight into your character, reputation, and military service that may counter the prosecution’s narrative. At Kral Military Defense, we understand how properly prepared character witnesses can make a meaningful difference in your defense strategy. What Are Character Witnesses…
Social Media and Military Careers: Navigating the Digital Minefield
The Double-Edged Sword of Social Media for Service Members In today’s interconnected world, social media platforms have become an integral part of our daily lives. For military personnel, however, these digital spaces present unique challenges and risks that can significantly impact careers and operational security. While social media offers valuable ways to stay connected with family and friends, the same platforms can become career-ending liabilities when misused. Understanding the Military’s Social Media Regulations The Department…
A Guide to Involuntary Administrative Separation From the Military
Facing Involuntary Administrative Separation: Why Legal Representation Matters When your military career is on the line due to an involuntary administrative separation action, understanding the process—and your rights within it—can make all the difference. At Kral Military Defense, we’ve represented countless service members facing the daunting prospect of involuntary discharge. This comprehensive guide walks you through what to expect and why experienced legal counsel is critical to protecting your career, benefits, and reputation. Understanding Involuntary…
Court-Martial Appeals: Your Rights and Options
Court-Martial Appeals: Your Rights and Options After Conviction If you’re a servicemember who has been convicted at court-martial or are facing potential conviction, understanding your appeal rights is crucial. This guide outlines the appeals process under the Uniform Code of Military Justice (UCMJ) and the 2024 Manual for Courts-Martial (MCM), explaining your options in clear, straightforward terms. The Basics of Court-Martial Appeals A court-martial conviction is not necessarily the end of your case. The military…
The Transgender Military Service Ban: Discharging Transgender Military Members
On January 27, 2025, President Donald Trump issued Executive Order No. 14183, Prioritizing Military Excellence and Readiness, which banned transgender people from serving in the United States military. The executive order itself did not provide clear procedures or policy with respect to how transgender military members would be treated. A lot of questions remained: Will transgender military members who were already in the military be allowed to continue serving? Would the ban on transgender people…
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,”…
Everything You Need to Know About Article 32 Hearings
Under Article 32 of the Uniform Code of Military Justice (UCMJ), a hearing is mandated before certain cases proceed to a General Court-Martial, the most serious type of court-martial. These hearings occur after charges are “preferred” but before they are “referred” to a General Court-Martial trial. The purpose of this pre-trial hearing is for a Preliminary Hearing Officer (PHO) to review evidence from both the prosecution and the defense. This officer, who must be independent,…
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…
