“Mistake of Fact” Defense Feb 11, 2011 In U.S. v. Guest, 46 M.J. 778, 781 (Army Ct. Crim. App. 1997) the court held that a mistake of fact defense requiring the mistake to be both honest and reasonable may be available under the circumstances of an AWOL charge. In U.S. v. Gonzalez, 42 M.J. 469, […]
Desertion and Absent Without Leave Intent is an important factor in distinguishing “desertion” from “absent without leave” (AWOL). Article 85 UCMJ deals with desertion while Article 86 UCMJ deals with absent without leave. The intent to remain away permanently, avoid hazardous duty, or shirk important service distinguishes desertion from absent without leave. Remember, the government […]
If you have taken your case to trial and were found guilty, or plead guilty, your conviction will have certain consequences. The Affect of Conviction will be reported by the US Army (or whatever service you were in) to any state in which you will reside, work, or attend school. Should you reside or work […]
A Lawful Permanent Resident (LPR) is defined as any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “Permanent Resident Alien,” “Resident Alien Permit Holder,” and “Green Card Holder.” An LPR is ineligible for US citizenship for a […]
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 offense of simple possession of 30g or less of marijuana. Conviction or […]
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 removal. If he or she enters the US illegally after the removal, he or she can be […]
We recently ran a blog post 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 lawyersare deviating from the format provided in AR 635-200 which then gives the GCMCA the right to disapprove the request. There are […]
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 trial so that you would not have a conviction and went ahead and still approved the findings. Be aware that the Convening […]
United States v. Biagase, 50 M.J. 143 (C.A.A.F. 1999) differentiates standards for determining unlawful command influence at the appellate level and the duty of the military judge during the assessment of motions at trial. Unlawful command influence is generally exerted on members of any of the following populations: Subordinate commanders Potential panel members Potential witnesses […]