Category: Military Justice
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):…
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…
