military life Archives | Military Trial Defenders

Post-Traumatic Stress Disorder and the UCMJ Articles

June 13, 2017 by Otto

If you suffer from Post-Traumatic Stress Disorder (PTSD) and are facing non-judicial punishment, administrative action, or a court-martial for violations of the Uniform Code of Military Justice, the UCMJ articles may provide you with an effective defense. A military law attorney can help you navigate the complexities of PTSD cases. Keep reading for more information on PTSD and the UCMJ articles.

The Prevalence of PTSD

When PTSD was first recognized, doctors diagnosed it as a form of wartime exhaustion. Now, medical professionals and the Diagnostic and Statistical Manual of Mental Disorders (DSM) recognize PTSD as a mental illness. According to some statistics, 1 in 5 soldiers who have returned from Iraq and Afghanistan will develop PTSD. 71 percent of females are at risk of experiencing fragments of this mental illness as well.

Self-medication is also a common factor in several PTSD and traumatic brain injury patients. Such drug use is in direct conflict with sections 112a of the UCMJ articles. Because of this, PTSD, drug use, and punishment can cause a vicious cycle.

The disorder is more commonly caused by any traumatic event. Studies have revealed that hostility related to PTSD is greater in sample groups with combat experience. Other research has shown that veterans with PTSD are more likely to show aggression in the face of stimuli than non-veterans. Such recognitions have prompted the justice system to begin considering ways to address the needs of veterans and apply the law fairly.

Insanity and the UCMJ Articles

So, if you have been diagnosed with PTSD, you may be able to avoid a court-martial. Insanity is an affirmative defense under that Uniform Code of Military Justice, which states, “at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts.” 10 U.S.C. § 850a(a).

While the UCMJ articles and UCMJ precedence do not adequately describe the complexities and contours of PTSD, recent developments in traumatic brain injury research are making waves in the military world. Put plainly, a positive diagnosis for PTSD is a serious condition. It may help you avoid a court-martial conviction in your case.

Choose Experienced Military Trial Lawyers in El Paso

Whether or not you have been officially diagnosed with PTSD, you may suffer from PTSD symptoms that can help your case. Our mission at Military Trial Defenders is to defend those who defend our country. We also work hard to offer our legal support to those military members who suffer from PTSD. To learn more about the relationship between PTSD and military law, contact our experienced military law team today.

A Military Defense Lawyer Helps You Make the Best Possible Decisions

May 9, 2017 by Otto

Facing criminal charges in the military is somewhat like fighting an uphill battle. The military justice system is rigorous and challenging to navigate. Current statistics show that military trials have a conviction rate of almost 90 percent. Because of this, service members who face courts-martial need to work with the best military defense lawyer they can track down. The decisions that a military member makes in the early stages of investigation can make or break a trial, and the accused have to make countless decisions before the trial even begins.

Making a Statement

Military personnel who are accused of a crime will need to decide whether or not to give a statement to questioners. Article 31 of the UCMJ offers military personnel protection against self-incrimination. This means that a questioner who suspects a military member of committing an offense must offer a warning of rights before any questioning takes place. Article 31 also delineates the right to counsel. Wise legal counsel is a key element in a successful case.

In most instances, it is recommended that the accused should never give a statement before talking to an experienced military defense lawyer. It may seem easier to comply with questioners. Authority figures will do their best to convince the accused that their cooperation will ultimately be in their best interest. It is important to remember Article 31, however. If military members evoke their Article 31 rights, it cannot be used against them. It might make the accused look guilty, but the military already thinks they are guilty. It is in the best interest of the accused to remain silent until creating a solid defense strategy with a military defense lawyer.

Consent for Searching

The accused often face the decision of whether or not to let law enforcement search their car or barracks. In most cases, they should not give consent. As U.S. citizens, military personnel have rights under the 4th Amendment to be protected against unreasonable search and seizure. If law enforcement does not have consent or a warrant, the evidence that is found cannot be used against the accused.

If military members refuse a search that doesn’t have a warrant attached, they will likely have a refusal form. Before signing, they should read through the form carefully to ensure that they know what they are signing. A military defense lawyer can help go over these forms in detail.

A Military Defense Lawyer You Can Trust

If you have been accused of a crime under the UCMJ, the most important decision that you will make is hiring an experienced and trustworthy military defense lawyer. At Military Trial Defenders, we are committed to educating our clients. With this knowledge, they can make the best possible decisions. We defend those who defend our country. We are available to provide you with legal support during this time. With this in mind, contact us today for a free consultation.

Let a Ft. Bliss Military Attorney Defend Your Rights

March 21, 2017 by Otto

If you are stationed at Fort Bliss and are in need of legal counsel and representation, the attorneys at Military Trial Defenders are a great resource. Why? As Ft. Bliss Military Attorneys, we share in-depth knowledge of the various pressures that Army life imposes on military personnel. We know how to overcome structural challenges to ensure that our clients receive the justice they deserve. A Ft. Bliss Military Attorney can help you see the light at the end of the tunnel.

A Synergistic Force

Considered the home of America’s armored division, Fort Bliss is a thriving Army base with a rich history and a unique culture. It was officially established in September of 1848. It occupies both metropolitan El Paso and parts of New Mexico. This makes Fort Bliss one of the only U.S. army bases that rest in two states. Fort Bliss is more than just its interesting history and complex infrastructure, however. Just as “the whole is greater than the sum of its parts,” Fort Bliss is a synergistic force comprised of passionate men and women. These dedicated soldiers make Fort Bliss what it is, and their sacrifice makes the United States what we are.

The Need for Representation

Fort Bliss made national headlines in 2013 when an examination of a former Air Force weapons storage building discovered potentially hazardous materials. The low-level radiological contamination was allegedly related to poor maintenance protocol in the 1950s. To get to the root of the issue, the military conducted a thorough investigation complete with evaluations, interviews, and studies. Several military members were questioned.

While this news is now a few years old, it serves as a reminder that strange incidents can surface at any post and at any time. As United States citizens and military members under the Uniform Code of Military Justice, servicemen based at Fort Bliss have very specific legal rights. These rights also include the right to legal counsel and protection against self-incrimination. Any military attorney that represents these dedicated servicemen should demonstrate a thorough knowledge of these rights. But by choosing to work specifically with a Ft. Bliss Military attorney, servicemen ensure that their lawyer has deep knowledge of the infrastructure and organizational culture of Fort Bliss.

A Ft. Bliss Military Attorney Defends Your Rights

While it is possible to obtain legal counsel and representation from outside of one’s immediate city, military personnel stationed at Fort Bliss are wise to select attorneys who understand the dynamics of their specific base. The Uniform Code of Military Justice is complex on paper. It can be even more complex when it is being applied in a court-martial setting. An experienced legal team, such as the representatives at Military Trial Defenders, can unravel the complexities of the UCMJ as it pertains to your unique situation. You have rights, so let us defend them on your behalf and contact us today.

A Few Facts About Facing Discharge Boards

February 16, 2017 by Otto

If you are an active duty military member or veteran who is facing involuntary separation from military service, you may not be sure how to proceed. Discharge boards have the power to dramatically impact a service member’s life. It can be easy to feel overwhelmed in the face of such a weighty situation. The lawyers at Military Trial Defenders can help.

What is a Military Discharge?

Once an individual signs a military contract, he or she enters into a mutual and binding agreement with the United States military. The service member agrees to fulfill all duties and functions required of military personnel. In exchange, the military promises to provide a job, health care, and vacation leave. Generally, this agreement is in effect until the termination of the enlistment contract, at which point a military member can choose to continue or to retire. In some instances, however, early termination results due to administrative or disciplinary separation. This is otherwise known as a military discharge.

Punitive discharges are punishments stemming from violations of the UCMJ. A courts-martial authorizes these punishments. There are two types of punitive discharges. Dishonorable Discharge refers to separation under dishonorable conditions. Bad-Conduct Discharge refers to separation under conditions other than honorable. Administrative separations are not punitive in nature. Rather, military personnel can be separated on a basis. This could depend on government convenience, weight or health issues, patterns of misconduct, or poor quality of service.

What are Discharge Boards?

Each of the military branches maintains a review board that has the authority to apply discharges and review or modify discharges or dismissals that did not result from a general court-martial. An administrative discharge board has at least three experienced commissioned, warrant, or non-commissioned officers. If enlisted personnel are appointed, the must be senior to the respondent and in grade E-7 or above. These discharge boards have the power to correct or upgrade military records.

According to the Military Times, the Defense Department is engaged in a renewed effort to ensure military members and veterans know how to request a review of their service records. All military personnel who believe they have experienced injustice or an error have the right to request relief from their branch’s review board.

Approaching Discharge Review Boards with Confidence

The attorneys at Military Trial Defenders understand the importance of approaching discharge boards with a wise defense strategy and a solid argument for retention. So, if you are looking to avoid a discharge or are seeking to change, correct, or modify your discharge, consult with one of our experienced team members for advice on how to proceed.

Understanding Article 15 of the UCMJ Articles

January 30, 2017 by Otto

When a member of the military is suspected of committing a minor violation of the Uniform Code of Military Justice (UCMJ), Command is authorized to move forward with a non-judicial punishment procedure by issuing an Article 15. While the lawyers at Military Trial Defenders are well-versed in all of the UCMJ articles, we spend a lot of our time answering questions about Article 15. Accordingly, we have compiled an Article 15 “crash course” to help explain the process.

Article 15 of the UCMJ

The 15th of the UCMJ articles offers commanders the jurisdiction to choose how to proceed in the case of military misconduct. If a member of the military commits a minor infraction, the commander is permitted to resolve the issue without resorting to court-martial procedures. When a commander imposes a non-judicial punishment on military personnel, the accused have the option to respond in one of two ways. They can either accept the Article 15, opting out of the traditional judicial process, or they can refuse it by demanding a court-martial.

Importantly, accepting an Article 15 is not an admittance of guilt. If a military member accepts an Article 15, the commander must give opportunity for the accused to express their side of the case. In a non-judicial proceeding, the commander serves as both the judge and the jury to determine if further discipline needs to occur.

Possible Article 15 Punishments

Receiving administrative punishment via an Article 15 hearing does not constitute a criminal conviction. It does, however, often go on the service record of the offender. A variety of punishments can stem from an Article 15 hearing. Possible punishments include loss of pay, reduction in rank, correctional custody, extra duties, and increased restrictions. The commanding officer also has the judiciary right to suspend a punishment by offering a type of probation. This probation is basically a period in which the offender is under strict review.

The Right to Counsel

Whether military personnel choose to refuse or accept an Article 15, a military lawyer is instrumental in cases of minor misconduct. If the service member chooses to move forward with a court-martial, he/she has the right to be represented by an attorney.

Service members do not have the option to be represented by an attorney if they accept an Article 15. But they do have the right to consult with an attorney. A military attorney can help the service member compile records, gather good character witnesses, and assemble a list of military performance achievements that will help his/her case.

An Military Attorney with Experience on the UCMJ Articles Can Help

If you have been issued an Article 15 and are unsure of how to proceed, start by speaking with a military attorney. A crash course on Article 15 may be an important part of the research process. But it’s not a substitute for a detailed conversation with an experienced military attorney. The lawyers at Military Trial Defenders understand the intricacies of the UCMJ articles, court-martial trials, and Article 15 cases. Contact the attorneys at Military Trial Defenders for counsel from skilled military attorneys.