Tim Bilecki

Is Court-martialing Military Retirees Unconstitutional? Two Cases May Change UCMJ Jurisdiction.

It is a little known fact: only some military retirees remain subject to the UCMJ after leaving service. Enlisted Sailors and Marines who complete 20-29 years of active duty actually transfer to the Fleet Reserve or the Fleet Marine Corps Reserve instead of the Regular Retired List. Officers, Reservists, and other branches simply retire after …

Is Court-martialing Military Retirees Unconstitutional? Two Cases May Change UCMJ Jurisdiction. Read More »

Army Holds Fort Hood Leadership Accountable After an Investigation Report Finds “toxic” Culture That “fueled” Sexual Harassment

In the months since the discovery of the dismembered and burned remains of U.S. Army Specialist Vanessa Guillen, a Fort Hood soldier who disappeared on April 22, the case has captured the attention of celebrities, lawmakers, and other public figures, and has drawn outrage from women in the military and Latinos. In July, Ryan D. …

Army Holds Fort Hood Leadership Accountable After an Investigation Report Finds “toxic” Culture That “fueled” Sexual Harassment Read More »

New Year Could Bring First Ever Court-Martial For an Air Force General Officer

On January 27, 2021, the Air Force will hold a preliminary hearing to determine if there is enough evidence to send the case of Air Force Major General William Cooley to court-martial. This would be the first court-martial of a general officer in Air Force history. General Cooley is accused of making “unwanted sexual advances …

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DOD Report Shows That There Is Not Enough Evidence to Convict in Most Rape Cases sent to Court-Martial

A subcommittee of the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces recently released findings from a comprehensive study of 1,904 alleged rape cases closed during fiscal year 2017. In the report, a team comprised of dozens of former military and civilian criminal justice experts made two significant …

DOD Report Shows That There Is Not Enough Evidence to Convict in Most Rape Cases sent to Court-Martial Read More »

SUMMARY COURT-MARTIAL

A summary court-martial is fundamentally different than a special or general court-martial in that it is non-judicial in nature.  There is no jury, no military judge, no trial in the traditional sense of the term (usually, not even a prosecutor or defense attorney). A summary court-martial is designed to dispose of minor, or petty, offenses …

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Can I receive credit off of my sentence because my command illegally punished me prior to trial?

Can you receive a credit off of your sentence because your command illegally punished you prior to trial? This is a frequent question we receive at Bilecki & Tipon and that answer always depends on the application of the specific facts of your case to the often complex law in this area. In an ideal …

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Does My Chain Of Command Need To Read Me My Rights Before They Ask Me An Incriminating Question?

Does your chain of command need to read you your rights before they ask you an incriminating question? This is a question we frequently receive, typically the answer is yes, but it truly depends on the individual facts of the case and how those facts are applied to the law. Article 31 of the UCMJ …

Does My Chain Of Command Need To Read Me My Rights Before They Ask Me An Incriminating Question? Read More »

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