Blog Posts in 2010
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Posted on Nov 27, 2010 By Timothy Bilecki
If you are convicted of certain sex offenses, or offenses involving violence to minors, your court martial defense lawyer should be advising you of the requirements to register as a sex offender. ...
Continue reading "Sex Offender Registration" »
Posted on Nov 20, 2010 By Timothy Bilecki
When fighting the "War on Sexual Assault " sometimes we need to pull out the big guns when defending the service member and answering the "Why?" There are numerous motives for a purported victim (PV) ...
Continue reading "Fighting the War on Sexual Assault - More Motives to Lie" »
Posted on Oct 28, 2010 By Timothy Bilecki
As a continuing theme, we state again that your court martial defense lawyer must answer they "Why" question to have a shot at winning the trial. There are numerous reasons a "victim" might lie, it is ...
Continue reading "Sexual Assault and Motives to Lie" »
Posted on Sep 30, 2010 By Timothy Bilecki
In a prior blog we discussed the all important questions your court martial defense lawyer must answer in any trial - the "Why?" Essential, people do not lie unless they have sufficient motive to do ...
Continue reading "Sex Assault Cases and Motive to Lie (Generally)" »
Posted on Sep 27, 2010 By Timothy Bilecki
We often get questions on what happens if you don't register as a sex offender if you are required to do so. The answer is fairly simple, it is a federal crime to fail to register and keep that ...
Continue reading "Sex Offender Registration is Publicly Available" »
Posted on Sep 24, 2010 By Timothy Bilecki
If you are facing sexual assault, rape or other Article 120 UCMJ charges, pleading guilty is often never an option. There are countless strategies for dealing with these offense as well as the ...
Continue reading "Article 120 UCMJ Strategies" »
Posted on Sep 21, 2010 By Timothy Bilecki
If you have taken your case to trial and were found guilty, or plead guilty, your conviction will have certain consequences. The conviction will be reported by the US Army (or whatever service you ...
Continue reading "Affect of Conviction" »
Posted on Sep 18, 2010 By Timothy Bilecki
If you have gone through trial and sentencing, your case is not yet over. After sentencing, you are in what is called the "Post-Trial" phase of the case. During the Post-Trial phase, one potential ...
Continue reading "Courses of Action: Post-Trial Military Sex Offense Cases" »
Posted on Sep 15, 2010 By Timothy Bilecki
Sex offender registration s a serious consequence of a courts-martial. It is so serious in fact, that the CAAF in U.S. v. Miller, 63 M.J. 452 (C.A.A.F., 2006) has directed defense counsel to advise ...
Continue reading "Argument to Have the Judge Take Judicial Notice or to Instruct: Your Military Defense Attorney May Follow This Outline" »
Posted on Sep 12, 2010 By Timothy Bilecki
To continue the topic of whether to inform members about Sex Offender Registration, once a decision has been made, a strategy must be formed regarding how to best tell the members. While there are ...
Continue reading "Argument to Members: Informing Members about Sex Offender Registration" »
Posted on Aug 27, 2010 By Murad
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 ...
Continue reading "How to Inform the Members about Sex Offender Registration" »
Posted on Aug 25, 2010 By Murad
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 ...
Continue reading "Courses of Action at Sentencing to Avoid Sex Offender Registration" »
Posted on Aug 23, 2010 By Murad
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 ...
Continue reading "Sex Offender Registration" »
Posted on Aug 22, 2010 By Murad
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 ...
Continue reading "Court Martial Conviction and Ineligibility for US Citizenship" »
Posted on Aug 20, 2010 By Military Defense Attorney
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 ...
Continue reading "Commander Responsibilities under Lautenburg" »
Posted on Aug 19, 2010 By Military Defense Lawyer
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 ...
Continue reading "The Lautenburg Amendment" »
Posted on Aug 18, 2010 By Criminal Defense Attorney
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 ...
Continue reading "Spice Use and the Law" »
Posted on Aug 17, 2010 By Tim Bilecki
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 ...
Continue reading "Spice Now Illegal in Hawaii" »
Posted on Aug 17, 2010 By Military Defense Attorney
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 ...
Continue reading "Chemical Names for the Substances in Spice and Effects of Spice" »
Posted on Aug 16, 2010 By Court Martial Defense lawyer
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 ...
Continue reading "What is Conviction?" »
Posted on Aug 15, 2010 By Military Defense Attorney
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 ...
Continue reading "Immigration Considerations and Court Martials." »
Posted on Aug 14, 2010 By Military Defense Lawyer
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 ...
Continue reading "Grounds for Deportability" »
Posted on Aug 13, 2010 By Military Defense Lawyer
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 ...
Continue reading "When to Consider Agreeing to a Lab Certificate in Drug Cases" »
Posted on Aug 13, 2010 By Military Defense Attorney
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 ...
Continue reading "Changes to “Don’t Ask Don’t Tell” Law" »
Posted on Aug 12, 2010 By Military Defense Attorney
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 ...
Continue reading "More Chapter 10 Issues" »
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