Category: Military Justice
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…
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 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 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):…
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…
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…
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…
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…
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…
