| August 27, 2010 |
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How to Inform the Members about Sex Offender Registration
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| Posted By Murad |
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| In a previous blog, we discussed some of the issues surrounding informing panel members about Sex Offender Registration. If you and your court martial defense attorney decide that doing so is in your best interest, there are certain ways to properly ... |
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| Continue reading "How to Inform the Members about Sex Offender Registration" » |
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| August 25, 2010 |
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Courses of Action at Sentencing to Avoid Sex Offender Registration
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| Posted By Murad |
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| If you are facing a court martial, it is not only important that your military defense lawyer formulate a trial strategy, but also a strategy for the sentencing phase of trial. In doing so, your court martial defense attorney must decide whether to ... |
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| Continue reading "Courses of Action at Sentencing to Avoid Sex Offender Registration" » |
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| August 23, 2010 |
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Sex Offender Registration
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| Posted By Murad |
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| Being properly advised of the consequences of Sex Offender Registration as well as its consequences is a critical piece of properly advising a client. Given that a clients court martial defense lawyer should have a have a general idea where the ... |
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| Continue reading "Sex Offender Registration" » |
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| August 22, 2010 |
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Court Martial Conviction and Ineligibility for US Citizenship
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| Posted By Murad |
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| A Lawful Permanent Resident (LPR) is defined as any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident ... |
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| Continue reading "Court Martial Conviction and Ineligibility for US Citizenship" » |
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| August 20, 2010 |
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Commander Responsibilities under Lautenburg
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| Posted By Military Defense Attorney |
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| Under the Lautenburg Amendment, all service members that commanders know to have, or have reasonable cause to believe have, a qualifying conviction are non-deployable for missions that require the possession of firearms or ammunition. Service ... |
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| Continue reading "Commander Responsibilities under Lautenburg" » |
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| August 19, 2010 |
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The Lautenburg Amendment
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| Posted By Military Defense Lawyer |
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| On September 30, 1996, the Lautenberg Amendment became law. It is now a felony for any person who has been convicted of a misdemeanor crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. Any person who ... |
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| Continue reading "The Lautenburg Amendment" » |
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| August 18, 2010 |
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Spice Use and the Law
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| Posted By Criminal Defense Attorney |
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| The possession, use and transfer of Spice violates: Articles 112a if the mixture contains HU-210 or another controlled substance. Article 92 if it is prohibited by policy or regulation. The "lack of knowledge" defense is a good defense if the client ... |
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| Continue reading "Spice Use and the Law" » |
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| August 17, 2010 |
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Spice Now Illegal in Hawaii
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| Posted By Tim Bilecki |
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| In the latest government efforts to legislate and criminalize "Spice," the State of Hawaii has - as of 1 August 2010 - made possession "Spice" in Hawaii a felony. For being one of the most liberal states in the union, I was very surprised by this ... |
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| Continue reading "Spice Now Illegal in Hawaii" » |
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| August 17, 2010 |
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Chemical Names for the Substances in Spice and Effects of Spice
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| Posted By Military Defense Attorney |
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| The abbreviated chemical names for the substances found in Spice are: HU-210: A Schedule I controlled substance that is 66-800 times more potent than THC. The presence of HU-210 cannot be detected using standard Gas Chromatography/Mass Spectrometry. ... |
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| Continue reading "Chemical Names for the Substances in Spice and Effects of Spice" » |
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| August 16, 2010 |
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What is Conviction?
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| Posted By Court Martial Defense lawyer |
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| We get a lot of questions regarding the question of "What is a Conviction?" Because this seems to be a reoccurring question, we put together a short blog to help clarify the issue. Essentially, a conviction for the purpose of deportation is a formal ... |
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| Continue reading "What is Conviction?" » |
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| August 15, 2010 |
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Immigration Considerations and Court Martials.
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| Posted By Military Defense Attorney |
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| A non-citizen will be denied admission to the US for a conviction or admitted commission of a Controlled Substance Offense, or if DHS has reason to believe the individual is a drug trafficker . There is no possibility of a waiver except for a single ... |
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| Continue reading "Immigration Considerations and Court Martials." » |
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| August 14, 2010 |
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Grounds for Deportability
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| Posted By Military Defense Lawyer |
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| A lawful permanent resident (LPR) can be deported for an Aggravated Felony Conviction. Besides being deported, the LPR will be ineligible for most waivers of removal and voluntary departure. The LPR may be subject to permanent inadmissibility after ... |
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| Continue reading "Grounds for Deportability" » |
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| August 13, 2010 |
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When to Consider Agreeing to a Lab Certificate in Drug Cases
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| Posted By Military Defense Lawyer |
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| When fighting drug cases , the issue of lab certificates often comes up, specifically whether your military defense attorney should agree to stipulate to those certificates. While all circumstances are different, your military court martial defense ... |
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| Continue reading "When to Consider Agreeing to a Lab Certificate in Drug Cases" » |
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| August 13, 2010 |
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Changes to “Don’t Ask Don’t Tell” Law
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| Posted By Military Defense Attorney |
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| The "Don't Ask Don't Tell" law is implemented by two regulations: DoD Instruction 1332.14 ("Enlisted Administrative Separations") and 1332.30 ("Separation of Regular and Reserve Commissioned Officers"). Here's how the change will affect you: Raise ... |
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| Continue reading "Changes to “Don’t Ask Don’t Tell” Law" » |
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| August 12, 2010 |
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More Chapter 10 Issues
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| Posted By Military Defense Attorney |
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| We recently ran a blog warning Soldiers of the fact that in Post-Trial Chapter 10 situations, the Convening Authority can still approve findings. Another recent trend we are seeing is that many military defense lawyers are deviating from the format ... |
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| Continue reading "More Chapter 10 Issues" » |
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