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 best interest, there are certain ways to properly inform them members (jury). Again, only if your military defense lawyer believes it is in your […]
Sex Offender Registration Sex offender registration can affect where you live, work and attend school long after a court-martial ends. Before you make a decision about a plea or trial strategy, your lawyer should examine the specific offense, the date of the alleged conduct and the registration laws that may apply to you. The current […]
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 […]
Under the Lautenberg 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 possession of firearms or ammunition. Service members with a Lautenberg qualifying conviction cannot be posted on an overseas assignment. However, soldiers who have exercised any portion […]
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 post to help clarify the issue. Essentially, a conviction for the purpose of deportation is a formal judgment of guilt of the noncitizen entered by a court […]
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 […]
When fighting drug cases, the issue of lab certificates often comes up, specifically whether your defense attorney should agree to stipulate to those certificates. While all circumstances are different, your military court-martial defense lawyer should at least consider agreeing to a lab certificate in urinalysis cases if: The government agrees to produce additional overseas or non-local defense […]
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 […]