by Steve Shewmaker | Mar 30, 2021 | Criminal Law, Double Jeopardy, Military Justice
If you’re a military service member that got into legal trouble but had local authorities decide not to prosecute you are in the clear, right? Wrong. Individuals can be prosecuted by State District Attorneys, Federal Law Enforcement and the Military. Federal and...
by Steve Shewmaker | Mar 26, 2021 | General Court Martial, Military Separation Hearing
From a litigation standpoint, an administrative separation hearing is very similar to a contested court-martial. The Respondent is entitled to have an attorney, call witnesses, cross examine witnesses, and present opening and closing statements. There are some stark...
by Steve Shewmaker | Jun 19, 2020 | Criminal Law, Double Jeopardy, Military Justice
Members of the military often believe they cannot be prosecuted in both the military courts and civilian courts. Most have heard of the concept of double jeopardy. However, civilian criminal law and the UCMJ are similar but different. In this article we discuss double...
by Patty Shewmaker | Apr 15, 2020 | General Court Martial, Military Discharge, Military Justice, Military Separation Hearing, OTH Administrative Discharge, Special Court Martial
We get clients that call and ask us about the different types of discharges you can receive in the military. Discharges can involve a separation board or a court martial. You can only get a dishonorable discharge at a court martial because it is a legal proceeding....
by Steve Shewmaker | Apr 1, 2020 | General Court Martial, Military Justice
A court martial is the most serious trial-level military court. The decision the accused military member must make is whether to accept the military criminal defense attorney assigned to them or to hire a civilian military lawyer. The JAG attorney is similar to a...
