What Am I Facing With A Guilty Court Martial Charge? Historical recording: This interview includes former partner Noel Tipon and does not describe the present composition of Bilecki Law Group. Its sentencing discussion predates the current parameter system. For a present case, the offense date, particular charge, forum, applicable sentencing parameter and military status must […]
Justice Anthony M. Kennedy announced last Wednesday his resignation from the U.S. Supreme Court, leaving behind a politically charged vacancy that is sure to generate news headlines for months to come. Justice Kennedy, who turns 83 next month, arrived at the White House yesterday to hand-deliver his letter of resignation to President Donald Trump. Mr. […]
Money can buy you a great defense team, but what happens when you’re in the United States Armed Forces and are appointed an inexperienced attorney by your service branch? An attorney without experience isn’t necessarily a bad attorney, but what they lack in skill and understanding can become a vulnerable point if you’re facing serious […]
Six students at The Basic School for Marine Officers along with two investigators overseeing the cheating scandal are facing charges An ongoing scandal at the Basic School for Marine Officers near Quantico, VA has made national headlines this week, as six second lieutenants and at least two investigators are embroiled in allegations of cheating, sexual harassment, […]
General rule: guilty plea waives all issues which are not jurisdictional or do not deprive an accused of due process. Waived by the guilty plea: a. Suppression of evidence, confessions, identifications. See, e.g., United States v. Cooper, 32 M.J. 83 (C.M.A. 1991)(accused who pleaded guilty without condition or restriction to an offense of adultery did not preserve for […]
In the wake of Congress eliminating the “good soldier” defense from court-martial hearings, Kyle Fischer, a former Army lawyer, expressed his concern about the direction that Court-martial hearings were heading, stating, “It seems at every step of the way they’re chipping away at every protection put in place to assure that the defendant can get a […]
In the 1998 court-martial of Sergeant Major of the Army Gene McKinney, McKinney’s defense lawyer, Charles Gittins, pointed out the true difference between using integrity and past conduct in a military versus civilian court, saying “In military law, character does count, and character alone may be enough to cause reasonable doubt.” Congress, however, does not […]
In a profession where your every action and decision is watched and recorded, where honor and moral conduct are of the highest importance, it is absolutely reasonable for your past record to hold weight in a trial where your credibility is called into question. Recently, however, Congress has decided to eliminate what is called the […]
UCMJ Fraternization: What are the Penalties? When you are employed in the military, there are many additional rules and regulations that you must follow that civilians are not privy to. One of the most important things in the Armed Forces is the chain of command between superior officers and their subordinates. This regulated chain of […]