General

Is refusing a breathalyzer or blood test a violation of my Constitutional rights?

According to a recent Texas appeals court ruling, forcing a driver to submit to a warrantless blood test or breathalyzer is a violation of the individual’s Fourth Amendment right against unlawful search and seizure and is prohibited by law. Unfortunately, when an individual joins the military they voluntarily choose to give up certain Constitutional rights and this would be an example. Per regulation, a service member may not refuse either a blood test or a breathalyzer and may be court-martialed for “impaired” driving, even if their BAC was within lawful limits. This article of the UCMJ, Article […]

December 23rd, 2014|General, Military Administrative Law, Military Criminal Law|

Nidal Hasan, Fort Hood, Texas Massacre Shooter Trial – Military Lawyer Discusses Charges

December 23rd, 2014|General, News, Videos|

Fort Hood, Texas Massacre Shooter Nidal Hasan Trial – Military Lawyer Discusses Charges

December 23rd, 2014|General, News, Videos|

Military Lawyer discusses Robert Bales Murder Trial – Afghanistan Civilian Shootings – UCMJ Attorney

December 23rd, 2014|General, News, Videos|

Quantico, Virginia Marine Base Shooting – Washington DC Military Lawyer Discusses Murder/Suicide

December 23rd, 2014|General, News, Videos|

JAG pushes UCMJ to embrace vets treatment court

By Joe Gould – Staff writer
If the civilian justice system has embraced treatment courts that care for veterans stricken with combat stress and brain injuries instead of punishing them, why can’t the military justice system? It can and it should, asserted Maj. Evan Seamone, the chief of military justice at Fort Benning, Ga., in an article published in the most recent issue of the journal Military Law Review. “While one would expect courts-martial to foster the problem-solving approach based on the active-duty origin of these mental conditions, the initial legal approach resides exclusively in the domain of civilian Veterans […]

December 3rd, 2014|Disability Evaluation System, General|

LATEST NEWS

*LATEST NEWS:
The Secretary of Defense has issued guidance to the BCMRs/BCNR to liberally consider the effects of PTSD when deciding cases where the service member was discharged for misconduct and received a less than honorable discharge. If you were discharged for misconduct and were diagnosed (or have since been diagnosed) with PTSD, you are encouraged to apply for a discharge upgrade or other change. Vietnam era veterans are particularly encouraged to apply.*

December 1st, 2014|General|