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Injured on Maritime Duty: Legal Options for Military Personnel 4 Dec 2024 2:33 PM (4 months ago)

Serving in the military is a commitment that comes with inherent risks. Military personnel are trained to handle dangerous situations, but despite rigorous training and precautionary measures, injuries can and do occur. But what are your rights if you suffer an injury? Can you recover benefits from the military? Can you file a lawsuit to recover additional compensation? What if it was an offshore injury?

If you are injured on duty, understanding your legal options is crucial for securing necessary support and compensation. This blog explores the various avenues available to military personnel who are injured while serving offshore.

Understanding Military Compensation After a Maritime Injury

The Department of Veterans Affairs (VA) offers a range of benefits and compensation for service-related injuries. These include disability compensation, which is a benefit paid to veterans who are partially disabled due to injuries or diseases sustained during active military service.

To qualify for VA disability compensation, service members must demonstrate that their injury is connected to their service. This requires medical documentation and, often, a VA medical examination to establish the extent of the injury and its link to military service. But it is often a complicated legal matter as injuries in the military are related to other types of injuries.

Servicemembers’ Group Life Insurance (SGLI)

Another important financial resource is the Servicemembers’ Group Life Insurance (SGLI), which provides coverage to eligible service members. In the event of a severe injury, the SGLI Traumatic Injury Protection (TSGLI) offers financial assistance to help service members and their families cope with expenses related to traumatic injuries. 

TSGLI is an add-on to the SGLI policy and is designed to provide quick financial assistance, ensuring that injured personnel can manage increased financial expenses. 

Military Disability Retirement After an Offshore Injury

If a service member has sustained an injury that forecloses future military service, military disability retirement may be an option. This provides a lifetime benefit based on the severity of the injury and years of service. 

The process for determining benefits involves a thorough medical evaluation by a Physical Evaluation Board (PEB), which evaluates a service member’s fitness for duty and assigns a disability rating. This rating impacts the retirement pay, with higher ratings resulting in more significant benefits.

Filing a Maritime Accident Lawsuit

For injuries sustained off-base or due to the actions of third parties, military personnel might have the option to file a personal injury lawsuit against the individual. For example, if a service member is injured in a car accident caused by a civilian driver, they may pursue a car accident lawsuit. 

Seeking Legal Assistance From a Personal Injury Lawyer Specialized in Maritime Injuries

Navigating your legal options after suffering an injury during active duty can be complex, given the unique legal and regulatory environment governing military service. Injured service members should consult with legal professionals who specialize in personal injury or military law. These advocates can provide guidance on eligibility for benefits, assist in gathering the necessary documentation, and help in filing claims or pursuing legal action.

Additionally, various organizations and resources exist to support injured military personnel. The American Bar Association and other veteran-focused legal services offer free or low-cost legal assistance to service members seeking to understand and exercise their rights.

Contact An Experienced Maritime Injury Attorney For Help Understanding Your Options

Injured military personnel have several legal options to consider when seeking compensation and support. From VA disability benefits and TSGLI to pursuing personal injury lawsuits, understanding these options is crucial for obtaining the resources needed for recovery and future stability. 

Legal assistance is invaluable in navigating these processes, ensuring that service members and their families receive the benefits and justice they deserve. Contact an experienced lawyer today for help understanding your rights and options after suffering an injury during active duty.

Facing an Army Court Martial? Here’s What You Need to Know 31 Oct 2024 12:08 PM (6 months ago)

Military members accused of crimes could be tried in civilian court in the state where they committed the crime. They may also face a military court-martial. If you or a family member in the service has been arrested for a crime, it is crucial that you understand the court-martial process. Your military career and freedom depend on understanding your rights and your legal options for a defense.

What Is an Army Court-Martial?

The UCMJ gives military courts jurisdiction over any crime committed by military service members. However, violations of state law are subject to trials in state court. Therefore, if you violate the Texas Penal Code while you are in the army, you could be tried in a Texas state court. However, you could also be subject to an army court-martial.

In other words, you could be tried twice for the same crime. Because two different judicial entities are trying you, double jeopardy would not apply.

What Is the Process for an Army Court-Martial?

If you are accused of violating the Uniform Code of Military Justice (UCMJ) or a state law, you are referred to your Commanding Officer. Your Commanding Officer reviews the alleged charges to determine if there is probable cause to proceed with an action against you. If so, you are confined for up to 72 hours while the charges are referred to a convening authority.

You are brought before a convening authority for the charges to be read to you. The charges are read to you in front of an unbiased third party and a Commanding Officer. Your case is assigned to one of three levels of court-martial to hear your case. The level of the court-martial depends on the severity and type of crime you are accused of committing. The levels of court-martial are:

• General Courts-Martial – The most serious crimes are heard at the General Courts-Martial level, such as robbery, murder, and distribution of drugs. A judge can try you, or you may choose to have a jury trial. The jury consists of at least five military peers.
• Special Courts-Martial – This court hears moderately serious crimes, including battery, drug use, insubordination, and assault. You may request a bench trial by a judge or a jury trial. The jury consists of a military judge and at least three officers.
• Summary Courts-Martial – Lesser crimes are heard at this level. Crimes include minor infractions and misconduct. At this level, a commissioned officer hears and decides the case. There is no judge or jury at this level.

You are entitled to present a defense during an army court-martial. You are entitled to representation by a military defense attorney. However, you may also hire a civilian military defense lawyer. For example, you may hire a Texas criminal defense lawyer with experience in military court-martials to assist in your defense.

What Are the Potential Penalties for an Army Court-Martial?

The penalties you face depend on the crime you committed and the level of the court-martial. Each level is subject to maximum penalties.

General Courts-Martial can result in lifetime confinement, reduction of pay to the lowest grade, dishonorable discharge, and forfeiture of all allowances and pay. You could also face the death penalty for some crimes.

Special Courts-Martial can result in up to one year of confinement and a bad conduct discharge. You may also be required to forfeit two-thirds of your pay for one year or have your pay reduced to the lowest grade.

Summary Courts-Martial can result in hard labor or confinement for up to one month. You may also have to forfeit two-thirds of your pay for one month and have your pay reduced to the lowest grade.

The penalties for a court-martial can be severe. You need experienced legal counsel as soon as possible. Do not wait until you are arrested to seek legal advice. Contact a civilian criminal defense lawyer with experience in military court procedures and laws immediately. Legal counsel early in your case could significantly improve your chances of a positive outcome.

Second Chances: Military Service After a Conviction 23 Jul 2024 2:59 PM (9 months ago)

Since there are so many people without a criminal record, you might suppose that the military will not accept anyone with one. This isn’t necessarily true. Although a criminal record is a significant disadvantage, it is sometimes possible to gain admission to the military notwithstanding a criminal record. 

One of the best ways you can learn about your options is to contact an experienced criminal defense attorney with knowledge about military law. Until then, read on for further information.

General Prohibitions

Without a waiver, you cannot join the US military if you have ever been convicted of a misdemeanor or a felony. You might need a waiver for juvenile offenses, and you might need a ‘moral waiver’ for offenses such as drug crimes that did not result in legal problems. You might even need a waiver for a traffic offense or a bankruptcy. 

Waivers

A waiver is the military’s way of agreeing to ignore certain offenses and let you into the military anyway. Different branches of the military apply different standards to waivers. 

The Marines, for example, are notoriously stingy about granting waivers. The special forces are even stricter. To obtain a waiver, you must prove to the military that you deserve one (see below). 

Charges That Did Not Result in Convictions

You don’t necessarily need a waiver for a charge that did not lead to a conviction (unless the charge is still pending). Under certain circumstances, however, you might still need a waiver. It depends on the facts of your case and the branch of service you are seeking to join.

In any case, do not try to conceal criminal charges even if they did not lead to a conviction.

Expungements

A court might grant you an ‘expungement’ of certain offenses if you apply for one. Under an expungement, the government erases all evidence of your offense from publicly available records. Records may or may not remain available to law enforcement personnel. Your lawyer might have promised you that you can answer ‘no’ on an application that asks you whether you have ever been convicted of a criminal offense.  

Nevertheless, the US military expects you to disclose any criminal convictions, even minor traffic violations, regardless of whether they were expunged. If you answer ‘no’ to the US military on the reasoning that your expunged convictions don’t count, you could end up in a lot of trouble later. 

Non-Waivable Offenses

Non-waivable offenses include:

• Murder, manslaughter, or sexual assault
• Offenses relating to the sale, distribution, or smuggling of drugs not  necessarily mere possession)
• Terrorism
• Multiple felony convictions of any kind

Keep in mind that this list is incomplete. The military will not waive these offenses no matter how much proof of rehabilitation you present. 

Applying for a Waiver

Your recruiter will supply you with a list of documents that you need to apply for a waiver. One of these documents is a personal statement where you should discuss your remorse over your actions. You will also need to prove that you have taken concrete measures to rehabilitate yourself. 

The Consequences of Lying About Your Criminal Record

“Have you ever been charged, cited, arrested, fined, or held in custody by a law enforcement agency or official?” 

This is the type of question that the US military will ask you. Note that this question is very broad, and it covers incidents that might not even indicate that you were guilty of a crime. Being charged with a crime, for example, doesn’t prove you are guilty of one.

If you lie about your criminal record to gain admission to the US military, success is the worst thing that can happen to you. The reason why it’s bad news is that once you join the military, you give them power over you, and you lose many of the constitutional rights that protected you as a civilian. Dishonesty could come back to haunt you if the military discovers it while you’re still a soldier. 

How Lying About Your Criminal Record Can Come Back To Haunt You Years Later 

Suppose you gain admission to the military by lying about your criminal record. Years later, you need security clearance to perform certain activities. 

The military performs an exhaustive investigation of your background pursuant to your application for security clearance, and they discover your unreported criminal convictions.

The military will deny your application for security clearance and charge you with a crime. In the military, lying about your criminal record is a crime known as ‘fraudulent enlistment.’ You will face a dishonorable discharge and up to two years in a military prison. Don’t risk it. 

Contact an Experienced Lawyer for Help

If you are considering joining the military with a criminal record, you’ll almost certainly need legal assistance. At the least, it’s worth getting in touch with an attorney for an initial consultation. You can receive some legal advice about your rights and options at that time.

New Scam Targets Army Soldiers 8 Jul 2024 8:42 AM (9 months ago)

Did you know that almost half of Americans experience some form of financial identity theft every year? Scams are incredibly common, and some of them can be very hard to spot. One of the newest scams targets Army soldiers using peer-to-peer money transfer apps.

Knowing about the latest scam techniques can help you avoid becoming a victim of them. Learn about the scam currently targeting Army soldiers and what to do if these scammers contact you.

The Most Recent Scam Targeting Soldiers

At the end of 2022, two Army bases, Fort Benning and Fort Huachuca, released posts on social media warning of a new scam targeting soldiers. West Point also released a statement about the scam, although to date, none of its cadets have been impacted.

The scam seems to target new recruits who have just completed boot camp and received their first assignments. So far, 74 soldiers have been scammed out of over $140,000. 

The Army is warning all new recruits to be on alert for grifts like this and requesting that they report if they receive a call from a potential scammer.

How Does the Scam Work?

This latest Army-focused scam uses peer-to-peer money transfer apps like Venmo, PayPal, and Zelle. 

Once a new soldier receives their first assignment, the scammers call them claiming to be from the Defense Finance and Accounting Service and tell them they have back pay that they can collect. But before they can get their money, they have to pay an outstanding debt via one of these money transfer apps.

These scammers rely on a combination of bravado and recruits’ inexperience to make the grift work. The new soldiers aren’t yet familiar enough with military procedure to be 100 percent certain that this is suspicious. And if the soldier questions the scammers, they threaten the soldier with punishment and throw around official-sounding terms that make their claim seem legitimate.

Red Flags

Although these scammers are very good at what they do, there are a few red flags soldiers can look for that will show they’re being scammed. 

First and foremost, the Army has confirmed that it will never ask soldiers to pay debts or collect back pay via peer-to-peer money transfer apps. If a stranger claiming to be military personnel is demanding money through one of these apps, hang up the phone and report the incident.

Scammers also tend to be aggressive and pushy about getting you to take action right away. They want you to send the money before you’ve had time to think or to talk to anyone to confirm what they’re saying. 

If someone is pushing you to send them money right away, it’s a good sign you need to step back and double-check the situation.

What to Do If You’re Contacted

If you’re contacted by someone who you think is a scammer, the first thing to do is hang up the phone and ignore their demands. Then get in touch with your chain of command, military police, local police, or the military Criminal Investigation Division. You can also submit a report to the Federal Trade Commission or to the FBI’s Internet Crime Complaint Center.

Above all, never send a stranger money through a peer-to-peer money transfer app without checking on their credentials. Oftentimes, money sent through those channels is unrecoverable. Since you sent the money voluntarily, it isn’t seen as fraud and you likely won’t be reimbursed.

Other Common Military Scams

Unfortunately, this isn’t the only scam targeting soldiers. 

The CID also recently warned soldiers about “sextortion” schemes, where a scammer will threaten to publish sensitive material (often nude photos of the soldier) online unless they’re paid off. They’ll often work through dating sites and establish a romantic connection with their target first in order to get this material.

Other scammers offer “discounts” on fees to acquire military or medical records when, in reality, these records are free for service members to obtain. 

Some pretend to be VA employees confirming a service member’s personal information when, in reality, they’re gathering information to steal their identity. 

And several common scams revolve around military education grants, pensions, and benefits.

Discuss Your Case with an Expert

Scams can be hard to spot and may leave you financially devastated if you don’t catch them quickly enough. Never send a stranger money through a peer-to-peer money transfer app without verifying that they’re legitimate. And if you receive a request for one of these transfers from someone claiming to be with the Defense Finance and Accounting Service, hang up and report the incident to your chain of command right away.

If you’re in the military and facing legal trouble, our lawyers are here to help. We have nearly two decades of combined experience defending soldiers and veterans facing criminal charges. Schedule a free consultation with us today and get the representation you deserve.

What Can I Expect if I Was Accused of a Military Crime in San Diego, CA? 24 May 2023 10:48 AM (last year)

San Diego, California, is one of the most desirable areas in the country. Its year-round weather, proximity to the coast, and beautiful scenery are just a few noteworthy qualities.

San Diego is also home to a number of military bases, primarily those branches that can take advantage of its miles upon miles of pristine beaches – like the Navy, Marines, and Coast Guard.

The area’s strong military presence means that military crimes are relatively common.

Being accused of a military crime in San Diego, California, can be daunting – especially if you’re unfamiliar with the unique processes and procedures that may take place.

This article will inform you on what to expect and how a San Diego criminal attorney can help defend your rights.

A Brief Overview of Military Crimes Procedures

Military personnel of every branch are subject to the Uniform Code of Military Justice (UCMJ), a standardized, comprehensive set of laws regarding criminal justice.

The Code covers everything from definitions of crimes and punishments to procedural protections, such as appeals. There are further rules regarding how the Code is implemented in the Manual for Courts-Martial (MCM).

Members of the military are offered many procedural rights through the UCMJ, which are similar to those given to members of the public upon being arrested by the police. These rights include:

• Fair trials
• Free military defense attorney (for certain proceedings)
• Civilian criminal defense attorney
• Freedom from unreasonable search and seizures
• Remaining silent without an attorney present

Upon being accused of a military crime in San Diego, California, it is in your best interest to exercise these rights as soon as you can. Most notably, you should remain silent until you’ve spoken with a lawyer about your legal rights and options.

Article 15s

Article 15s (also referred to as Non-Judicial Punishment) are the most common type of military discipline. They do not require formal criminal procedures and do not create a criminal record. In many instances, they can even be removed from military-specific records.

As a service member, you have the right to accept or refuse an Article 15. Accepting an Article 15 does not mean you admit guilt for the alleged crime; you will have an opportunity to present evidence in favor of your innocence.

However, you may refuse an Article 15 and seek a court-martial instead.

Courts-Martial

The process through which military crimes are adjudicated is called a court-martial, which is similar to a civilian trial in a criminal law court. There are three courts-martial that vary based on the severity of the offense:

• Summary Courts-Martial (for Article 15s)
• Special Courts-Martial (for minor military crimes)
• General Courts-Martial (for severe military crimes)

You have the right to a free military defense attorney if you are subject to a special or general court-martial. You also have the right to an appeal if you are convicted of a military crime under any of these proceedings.

What Penalties Can Result From a Military Crimes Conviction in San Diego?

The sentencing process for courts-martial is called “extenuation and mitigation.” In a court-martial, the jury imposes the sentence rather than the judge – which is different from how sentencing works in a civilian trial. The potential penalties and consequences depend on the type of court-martial.

Article 15 or summary court-martial convictions can result in the following types of penalties:

• Extra duty
• Restriction
• Fines
• Correctional custody

For a special court-martial conviction, the penalties may include:

• A “bad conduct” discharge
• A reduction in grade
• Up to one year in military jail

And for a general court-martial conviction, possible penalties are:

• Dishonorable discharge
• Life in prison
• Death penalty

 

Other penalties and consequences may arise as well, depending on the facts particular to the situation. The MCM contains a detailed chart of crimes and their associated penalties.

How Can a San Diego Military Crimes Lawyer Help?

In almost every military crime proceeding, you have the right to an attorney. An experienced military lawyer can ensure your legal rights and protections are maintained throughout the process, as they will be highly familiar with the UCMJ and MCM. Specifically, an attorney can:

• Investigate your case to determine your best legal course of action
• Collect evidence in support of your defense
• Represent you and speak on your behalf whenever possible
• Be your counsel during the court-martial trial
• Evaluate your legal options as your case develops
• Handle any appeals, if applicable

These are just a few examples of how a San Diego military crimes lawyer can help you with your case.

Schedule a Free Consultation With an Experienced Criminal Defense Attorney

If you’ve been accused of a military crime in San Diego, California, you may not be sure of what you should do next and how the process might unfold.

As a conviction can impose more severe penalties than what would be assessed in a civilian court of law, it can be especially beneficial to hire an experienced attorney to represent you.

Keep in mind that you can contact a criminal defense lawyer for a free initial consultation in most instances, so it is almost always in your best interest to reach out and receive preliminary legal advice and no cost to you.

What Military Crimes Are Punishable By Death? 24 Jan 2023 1:20 PM (2 years ago)

Several military crimes are punishable by death under the Uniform Code of Military Justice. Many of these crimes are the most serious offenses a servicemember can commit, and some only carry the death penalty during times of war.

Even though capital punishment remains a potential maximum penalty under martial law, the U.S. military hasn’t executed anyone since 1961. In fact, the death penalty is rarely used outside of war times.

Legal challenges, including the Supreme Court’s invalidation (and subsequent reinstatement) of the death penalty, have diminished the number of soldiers sentenced to military death row.

Below, we describe the military crimes that could result in the death penalty.

Military Crimes Subject To Capital Punishment

The following crimes can result in the death penalty at any time pursuant to Part IV of the Uniform Code of Military Justice:

Article 94 – Mutiny and Sedition

Mutiny occurs when someone (acting alone or with others) creates violence or a disturbance with the intent to override or usurp lawful military authority. Soldiers can also be charged with this crime if they refuse to obey orders or perform a duty in concert with another person(s).

Sedition occurs when someone creates violence, revolt, or a disturbance in concert with another person(s) with the intent to overthrow or destroy lawful civil authority.

Article 99 – Misbehavior Before the Enemy

This crime occurs when a soldier does any of the following in the presence of an enemy:

• Runs away
• Abandons or surrenders their unit, command, post, or military property (or endangers the safety of such through neglect, intentional misconduct, or disobedience)
• Discards their arms or ammunition
• Abandons their post to pillage or plunder
• Engages in “cowardly conduct”
• Raises false alarms in any place under the control of the armed forces
• Willfully fails to capture, encounter, or destroy enemy troops, vessels, etc.
• Fails to assist fellow troops, combatants, vessels, etc. when engaged in battle

An “enemy” doesn’t have to be an enemy government or armed forces. It can include civilians.

Article 100 – Subordinate Compelling Surrender

A member of the armed services can be guilty of this crime if they compel (or attempt to compel) their commander to surrender military property to the enemy. That can include giving the property to the enemy or abandoning it.

Article 102 – Forcing a Safeguard

A safeguard is a guard or detail posted by a commander to protect people, property, or places belonging to the enemy or a neutral party. To force a safeguard means committing acts that violate the protection of the safeguard.

Article 104 – Aiding the Enemy

Aiding the enemy can include supplying them with arms, supplies, money, and ammunition. It can also apply when, without proper authority, someone knowingly protects or gives intelligence to the enemy.

Article 106a – Espionage

Someone can be charged with espionage if they deliver sensitive information regarding the national defense to a foreign entity (e.g., information concerning nuclear weapons, military satellites, war plans, etc.). They must have had intent to cause injury to the United States or convey the information to the advantage of the foreign nation.

Article 110 – Improper Hazarding of a Vessel

A soldier who willfully and wrongfully puts a U.S. army-owned vessel in danger of (or causes) loss or injury can be guilty under this section.

Article 118 – Murder

Someone is guilty of murder if they unlawfully kill another person without excuse or justification.

Crimes Punishable By Death Only During Times of War

These crimes are only subject to capital punishment if they’re committed during times of war:

Article 85 – Desertion

Desertion is when an armed services member:

• Abandons their unit or post without authority or permission with the intent to stay away permanently;
• Quits their unit or post with the intent to avoid dangers or to evade service; or
• Accepts an appointment in a different armed services unit before being discharged from their current position (without disclosing they haven’t been fully discharged).

The last scenario occurs when a servicemember abandons their post before their resignation has been accepted.

Article 90 – Assaulting or Willfully Disobeying a Superior Commissioned Officer

If someone strikes, brandishes their weapon, or otherwise engages in violence against their superior, they can be guilty under this section. They can also face charges if they willfully disobey a lawful command.

Article 101 – Improper Use of a Countersign

If someone discloses the countersign or parole to a person who isn’t entitled to receive it, they can be guilty under this section. A countersign is a signal, password, or procedure that allows guards and sentinels to scrutinize people who pass the lines. A parole is a word used to check the countersign.

Article 106 – Spies

If someone is found lurking or acting as a spy (i.e., trying to collect certain information with the intent to share it with the enemy) in any place or vessel owned by the U.S. armed forces, they can be tried as a spy.

Article 113 – Misbehavior of a Sentinel or Lookout

A sentinel or lookout can be guilty under this article if they’re found drunk or sleeping at their post or leave their post before being relieved.

Contact a Criminal Defense Lawyer If You’ve Been Charged With a Military Capital Offense

If you’re facing a military crime that is punishable by death, seek legal representation as soon as possible. A civilian criminal defense lawyer can work in tandem with any Judge Advocate General (JAG) you’ve been appointed to provide the best possible defense.

 

Can I Join the Military if I Have a Criminal Record? 5 Dec 2022 4:30 AM (2 years ago)

Thousands of young men and women join the military each year because of a sense of patriotism or a desire to take advantage of generous incentives. The United States Army alone recruited well over 75,000 recruits during the fiscal year 2020.

Not every potential recruit who wants to join the military can make the cut. Various physical, mental, and moral conditions can disqualify a person from military service.

If you want to join the military but have a juvenile or criminal record, you may find yourself among those disqualified from serving your country.

Each Branch Sets Its Own Policies

No matter what branch of service you join, you will need to pass through the Military Entrance Processing Station (MEPS). MEPS screens candidates for enlistment and commissioning to ensure they are qualified for service.

If you have any disqualifying illness, condition, or record, MEPS will not allow you to proceed without a waiver.

Each branch determines whether it will grant waivers to candidates, including waivers for criminal convictions and juvenile records.

The needs of that branch of service and the severity of the situation will determine whether the branch will grant a waiver. If you are unsuccessful in enlisting in one branch, you may try joining another.

Your Criminal Record and Military Service

While at MEPS, you will undergo a screening of your moral character. This screening is a background check. MEPS personnel will ask you to disclose all criminal activity in your past, including convictions, adjudications, arrests, and charges the police or prosecutors brought against you.

You must disclose your entire history, even if you successfully had the conviction sealed or expunged. You must also disclose any juvenile adjudications.

Arrests Not Resulting in Charges or a Finding of Guilt

While you must disclose arrests and charges in your past, these pose the least difficulty for joining the services. Arrests that did not result in any charges, or charges that did not result in a finding of guilt, don’t require any waiver from the various branches of service.

Misdemeanor and Juvenile Offenses

A history that includes only traffic offenses, misdemeanor offenses, or juvenile offenses will require that you obtain a waiver from the service before you can enlist. However, you can receive a waiver for most crimes that fall into these categories.

Though the military waives most traffic, juvenile, and misdemeanor offenses, there are exceptions.

The likelihood of getting a waiver decreases as the number of violations in your past increases. Additionally, you may have more difficulty getting a waiver if your crimes reflect poorly on your trustworthiness.

Felony Offenses

You will have difficulty obtaining a waiver if you have a felony on your record. Waivers are possible, but each branch will closely consider the age of the offense, the type of offense, and whether the crime is an isolated incident.

Nonetheless, no branch of the military can waive some felony crimes. Some of the felonies that will prevent you from joining include:

• Murder, manslaughter, or sexual assault
• Terrorism
• Offenses relating to the sale, distribution, or smuggling of drugs
• Multiple felony convictions of any type

You must still disclose these convictions even if you have successfully sealed or expunged them or if the court has set the conviction aside.

A Final Word About Your Criminal Record

If you are ever in doubt about whether to disclose your juvenile record or criminal record to the military, err on the side of caution and admit it.

If you try to hide or lie about your record, not only will the military court-martial and discharge you immediately, but you could also face felony charges. These could result in up to three years of imprisonment and a $10,000 fine.

What is a Judge Advocate General (JAG) in the Army? 15 Jul 2022 6:46 AM (2 years ago)

The JAG Corps (Judge Advocate General’s Corps) consists of licensed lawyers and judges who represent the Army and soldiers in legal matters. A JAG lawyer is another way to serve your country. The JAG Corps includes active-duty service members and reservists.

As a licensed attorney, you may serve as a judge in a court-martial. You may also serve as a prosecutor or defense counsel to soldiers and officers during court-martials. In addition, military lawyers provide legal advice to service members in other areas of law.

Requirements for Becoming an Army Judge Advocate General

You must meet specific requirements before becoming a JAG in the Army. First, you must typically make a minimum four-year service commitment.

Requirements for the JAG Corps include:

• Must have a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association
• Must be admitted to the bar in any state, territory, or commonwealth of the United States
• Must be a United States citizen
• Must meet military medical fitness standards
• Must meet the requirements for secret security clearance
• Must be under the age of 42 years old when commissioned, although age waivers are granted on a case-by-case basis

JAG lawyers are not required to complete Basic Training with enlisted Army soldiers. Instead, they attend a six-week Direct Commission Course (DCC).

The DCC prepares the lawyer to serve as an Officer by providing training in weapons and leadership and an intensive physical course. After completing DCC, lawyers attend the Judge Advocate Basic Training Course, which is a ten and one-half week course. The course teaches lawyers about every aspect of the JAG Corps, including intensive training in military law.

Upon completing the JAG courses, lawyers may begin practicing law in one of the many Army law offices located throughout the world.

What Types of Cases Does a Judge Advocate General Handle?

Most people associate JAGs with court-martials. They serve as judges, prosecutors, and defense lawyers in military courts. However, military lawyers also handle a variety of other legal matters.

For example, JAG lawyers provide legal advice to soldiers, families, and retired military personnel. That includes providing legal advice regarding the laws of host nations when serving abroad.

The JAG Corps also provides legal advice and counsel to Army commanders to ensure compliance with administrative law, the Uniform Code of Military Justice, the Freedom of Information Act, and environmental law. In addition, they also provide legal counsel regarding foreign and domestic laws that affect military operations.

Some JAGs work with the Department of Justice to represent the United States in civil cases. They may work in labor law, providing legal counsel regarding hiring, rating, firing, and disciplining the Army’s civilian employees. Some lawyers work in national security law, including matters related to intelligence, special operations, international law, and constitutional law.

The JAG Corps handle a wide variety of legal matters for the Army and the government. A JAG attorney could receive training and experience in several areas of law or remain in a specific area of law during their entire service.

What Are the Benefits of Being a Judge Advocate General in the JAG Corps?

There are numerous benefits of working as a lawyer in the Army.

The Army helps pay for your education. You can receive student loan repayment of up to $65,000. You can also apply for the Department of Education’s Public Service Loan Forgiveness program.

JAG officers receive competitive pay, health care, dental care, and paid vacation. In addition to basic pay, JAGs receive a basic allowance for housing and subsistence. If they live outside of the United States, they also receive a cost of living allowance.

Officers who continue to serve past their initial four-year commitment can receive a lump sum continuation pay bonus. They also receive additional financial benefits if they serve in combat zones.

Should I Hire a Civilian Criminal Defense Lawyer if I Have a Military Lawyer?

A JAG lawyer is similar to being appointed a public defender in criminal court. Even though you have a military lawyer, you have the right to consult a civilian criminal defense attorney. A civilian-military lawyer can represent you in military court and work with your JAG attorney to present the best possible defense.

One important thing to keep in mind is when you will be assigned a JAG lawyer during a court-martial. The Army does not appoint a JAG lawyer until you are officially charged.

Therefore, it is best to consult with a civilian-military attorney if you want legal advice and representation during the initial investigation. Otherwise, you could make mistakes during the investigation that could hurt your chances of winning a court-martial.

Can I Sue the United States if I Am Injured While on Active Duty? 1 Jun 2022 1:02 PM (2 years ago)

Suing the United States government for an injury is difficult for anyone. Sovereign immunity protects governments from being sued without their consent. For military personnel, it is impossible to sue the United States government for injuries sustained while on active duty.

What is the Federal Torts Act?

Congress passed the Federal Torts Claims Act in 1946. Until then, citizens could not sue the federal government for injuries caused by government employees. 

Before the passage of the Federal Tort Claims Act, a person could send a statement to Congress outlining their injuries and damages. House and Senate members would decide whether Congress should act regarding any of the “claims” submitted by an individual. The process was frustrating, complicated, and slow. 

The Federal Tort Claims Act waives sovereign immunity for torts committed by a federal employee. A tort is an act that results in harm or injury to a person. Under the Federal Tort Claims Act, you can sue the United States to recover compensation for personal injuries caused by federal employees. 

However, suing the federal government is not easy. The procedure for filing a lawsuit against the United States is complicated. There are strict filing deadlines and rules that govern claims against the federal government. Therefore, you would need the assistance of an attorney who has experience handling Federal Tort Claims Act cases.

Does the Federal Tort Claims Act Apply to Active Service Members?

Under the Feres Doctrine, service members cannot sue the United States under the Federal Tort Claims Act for injuries occurring while on active duty. The doctrine comes from the United States Supreme Court ruling in the case of Feres v. United States. 

In 1950, Ralph Feres was killed in a barracks fire at Pine Camp, New York. He was a lieutenant in the United States Army. A defective heating system caused the barracks to light on fire. 

The lieutenant’s surviving spouse filed a lawsuit against the United States seeking damages under the Federal Tort Claims Act. The Supreme Court ruled that she could not sue the United States. Since that time, the ruling has been upheld in numerous cases. 

The Supreme Court provided several explanations to justify the Feres Doctrine over the years. One explanation is that the Veterans’ Benefits Act provides benefits and compensation to service members and their families for injuries and deaths sustained while on active duty. Under the Veterans’ Benefits Act, the service member or family member does not need to prove wrongful conduct or negligence to obtain benefits.

The Supreme Court also pointed to the unique relationship between the government and service members as a reason for not allowing military personnel to sue the government under the Federal Tort Claims Act. Unfortunately, the Feres Doctrine continues to dictate whether service members can sue the United States for injuries while on active duty. 

Some Supreme Court Justices disagree with the ruling. They point out that it is unfair to allow civilians to sue for the same causes of action that a military person might have if they were not on active duty. 

Furthermore, retired military members may sue the government for injuries caused by government employees. The compensation for these claims are often much higher than the benefits under the Veterans’ Benefits Act.

An Exception for Medical Malpractice Claims

Congress has the power to change the Feres Doctrine but has chosen to leave the rule in place. However, in 2020, the passage of the National Defense Authorization Act resulted in an exception to the Feres Doctrine.

An active duty service member may receive compensation for medical malpractice. They must file an administrative claim with the Secretary of Defense. The active-duty service member cannot sue the United States directly for medical malpractice. 

However, the exception provides a way for victims of medical malpractice to receive compensation even though they are on active duty.

However, there is a stipulation to the medical malpractice exception. The medical malpractice must have occurred at a covered military treatment facility. In addition, the medical provider must have been a Department of Defense health care provider. 

The Feres Doctrine still bars a service member from filing a medical malpractice claim for malpractice at a civilian treatment facility operated by the Veterans’ Administration. 

Consult With a Private Military Law Attorney

Active service members can seek legal advice from private attorneys who practice military law. The laws could change. Also, the facts of the case could provide a different path to recover compensation for injuries sustained while on active duty.

Should I Hire a Civilian Attorney for My Court-Martial? 21 Mar 2022 12:09 PM (3 years ago)

If you are facing a court-martial, you need an attorney who understands the military justice system and can provide competent representation. While many qualified military attorneys are available to defend service members, you may also want to consider hiring a civilian attorney. This article discusses some advantages of working with a civilian lawyer.

Should You Hire a Private Attorney or JAG?

You need the best possible defense when the government is trying to put you in jail, take away your job, ruin your reputation, and damage your future employment opportunities. In short, you need someone who will aggressively advocate for you against the government. Being employed by the government could result in personal conflicts of interest for military attorneys.

Therefore, it is in your best interest to hire a civilian attorney to represent you in a court-martial. Being charged with a crime when you are in the military is very serious. There is a lot at stake. 

Minor drug offenses could have severe consequences if you are convicted. Likewise, domestic violence and sexual assault charges could result in a court-martial. At this point, your professional and personal lives depend on the military trial outcome. 

If the government offers you a free military defense attorney, consider the following reasons why you should hire a civilian attorney for your court-martial:

A Civilian Attorney Has a Unique Perspective

As mentioned above, a military-appointed attorney is on active duty. The military attorney could be a career person. They may have spent decades serving in the military. Therefore, the military is all they know. 

On the other hand, a civilian attorney has the unique perspective of looking in from the outside. They may see things differently, which could work to your advantage. Furthermore, a civilian attorney does not need to worry about how their actions or words used in your defense might affect their career in the military. A civilian attorney’s sole priority is your best interest.

A military-appointed attorney also has your best interest in mind. However, they are subject to a chain of command. Therefore, they may be restricted in their actions while defending their clients. A civilian attorney is not bound by these constraints. They do not have a chain of command and are only bound by the ethical rules that apply to all lawyers.

You Need a Lawyer as Soon as Possible 

The military may not appoint a JAG attorney until charges are formally brought against you. Therefore, you do not have legal counsel during the investigation or questioning. Therefore, it is crucial to have legal advice regarding your rights and options from the moment you realize you are being investigated.

A civilian attorney begins working to protect your legal rights the moment you hire them. Furthermore, retaining an attorney earlier in your case signals that you do not intend to accept the charges against you without a fight. Hiring a civilian attorney for a court-martial indicates that you intend to aggressively defend yourself against the charges.

In addition, the government generally does not assign a JAG attorney until your case moves to the court-martial phase. Until then, the government uses its vast resources and a team of attorneys to investigate and prosecute the case. As a result, they are ready to go to trial when your JAG attorney is appointed. At that time, your JAG attorney has to catch up and may already have a heavy caseload. 

Additionally, a JAG attorney may not have very much experience trying cases. They may just be starting their legal career. So you are at a distinct disadvantage going up against the government under these circumstances. 

Assemble a Team of Attorneys for Your Court-Martial

Generally, you retain your JAG attorney at no charge when you hire a civilian attorney. Therefore, you are receiving two legal minds for the price of one. A JAG attorney can provide invaluable resources to assist your civilian attorney. When you face a court-martial, separation, or other adverse action, there is a lot at stake. The more help you can get, the better.

Civilian Attorneys Often Have More Trial Experience

Some military-appointed attorneys have extensive experience handling cases and taking cases to trial. However, many have little to no trial experience. Hiring a civilian attorney means you can choose an attorney with substantial litigation experience.

You want defense counsel with a commanding court presence during a court-martial, preferably an attorney who is comfortable arguing in a courtroom and cross-examining witnesses. A civilian attorney has no problem challenging authority or the chain of command when necessary. 

Civilian criminal defense attorneys have usually spent their careers focusing on one area of law. They may have hundreds of hours of experience arguing cases at trial. With experience comes confidence, skills, and knowledge. 

How to Choose a Civilian Attorney for Your Court-Martial

If you decide to hire a civilian attorney, you may want to meet with more than one attorney. Talk to several defense lawyers about your case.

 Ask them about:

• Their experience
• Their approach to military cases
• How they can help you
• Why you should hire them
• Their trial experience 
• How much of their practice is dedicated to military law
• If they work with uniformed military lawyers
• Their fees and payment arrangements 
• Their military background

After meeting with each civilian military defense attorney, consider all factors before deciding which civilian attorney can provide the best defense possible for your case.