Blog Posts in August, 2010
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 ...
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" »
Posted on Aug 12, 2010 By Criminal Defense Attorney
In a previous blog, we discussed when an experienced drug court martial defense lawyer could use Melendez-Diaz as a sword when fighting military urinalysis charges. There are also times when we ...
Continue reading "When NOT to Use the Melendez-Diaz v. Massachusetts Sword" »
Posted on Aug 11, 2010 By Criminal Defense Attorney
Melendez-Diaz was the recent court case with may keep the government from introducing the urinalysis litigation packets into evidence at trial without an expert from the lab. Given the difficulty of ...
Continue reading "Using Melendez-Diaz v. Massachusetts as a Sword" »
Posted on Aug 10, 2010 By Court Martial Defense Lawyer
We have been hearing of numerous cases in which the client took a post trial Chapter 10 (Discharge in lieu of Court Martial) thinking that the Convening Authority would disapprove the findings of the ...
Continue reading "Warning for Post Trial Chapter 10 clients. " »
Posted on Aug 7, 2010 By Criminal Defense Lawyer
Spice is an olive-colored plant material that can be laced with cannibinoid mimicking compounds. The ingredients of Spice can be several times more potent than the drug marijuana. Spice that contains ...
Continue reading "Spice – The Basics" »
Posted on Aug 6, 2010 By Criminal Defense Attorney
In LUIS E. MELENDEZ-DIAZ, PETITIONER v. MASSACHUSETTS 2009 U.S. LEXIS 4734, the Supreme Court held that the admission of the certificates violated the petitioner's Sixth Amendment right to confront ...
Continue reading "Sixth Amendment Right to Confront the Witnesses" »