Military Law Resources

MILITARY JUSTICE REFERENCES:

• 2019 Manual For Courts-Martial
• 2016 Manual For Courts-Martial
• 2014 Manual For Courts-Martial
• Army Enlisted Separations
• Army Officer Separations
• Air Force Enlisted Separations
• Air Force Officer Separations
• CAAFlog
• Prominent Military Law Websites

Military Law Videos on frequently Asked Questions

Videos: Military Sexual Assault & Article 120 UCMJ

• Victim Motive & False Sexual Assault Allegations
• How Fake Apologies Can Be Used Against You in a Military Court-Martial
• What to do if someone makes false sexual assault accusations against you
• Sloppy Military Investigations
• Woke Military Justice – Woke Military Prosecutors
• How Common are False Accusations of Military Sexual Assault
• Coping with False Accusations of Sexual Assault & Domestic Violence
• How to Avoid Black Widows & False Accusations
• Woke Military Justice: Is Wokeness a problem
• Tinder Red Flags for Guys: Avoid Crazies & False Sexual Assault Accusations
• False Accusations & Histrionic Personality Disorder
• Borderline Personality Disorder & False Accusations in Military Sexual Assault Cases
• My Son Was Falsely Accused of Military Sexual Assault: What Should I Do?
• Military Sexual Assault Defenses: Mistake of Fact Explained by Military Defense Lawyer
• False Allegations of Sexual Assault in the Military & Why Are They So Common?
• Collateral Consequences of Sex Offender Registration?
• Military-Political Correctness & the Fall of Afghanistan
• Why the Military Justice System is Broken? Fake Military Sexual Assault Cases are Common
• Are you involved in a Cyber Sting or To Catch a Predator Sting in the Military?
• Falsely Accused of Sexual Assault? What to Do If It Happens to You
• Should the Military Defense Attorney Interview Sexual Assault Court Martial Victims?
• Fake Rape Victim Exposed in Open Court
• Legality of Child Pornography – Is Cartoon pornography illegal?
• MRE 412 – Military Sexual Assault & the Rape Shield Law
• Defending False Sex Assault Allegations in the Military
• Alleged Victim’s BAH Fraud Exposed at Trial
• Can You Have Sex with Someone You Outrank?
• Is Drunk Sex a Crime in the Military?
• Why was Bill Cosby released from prison? Bill Cosby’s Constitutional Rights violated by #metoo

Videos: Court Martial Questions

• Real Costs of a Court Martial Conviction and Discharge
• Representing Guilty Clients? How do defense lawyers sleep at night?
• Can I Back Out of a Military Plea Deal at a Military Court Martial?
• Can I Resign My Commission if I am Facing a Military Court Martial?
• How a Dishonorable Discharge Can Ruin Your Life
• How Long Does A Military Court Martial Trial Last?
• What is the Standard of Proof at a Military Court Martial?
• Strategies to Avoid UCMJ
• What happens if I lose a military court-martial?
• Should I Go with a Judge Bench Trial or Jury in a Military Court Martial Trial?
• Why an Average Military Defense Lawyer is Not Good Enough
• Is a Court Martial a Search for the Truth?
• Why the Article 32 Can Hurt Your Court-Martial Case
• How Prosecutors Use the Article 32 to Get Convictions

Videos: Military Investigations

• Should I Let the Police Search My Phone if I Am Innocent?
• US Military Pilots Could be Charged for Afghani’s that Fell to Death at Kabul Airport
• Under Military Investigation? Tips to Avoid a Court Martial
• How Long Should a Military Investigation Last?
• Should I talk to the Police if they Suspect Me? NO! Military Defense Lawyer Explains Why
• Can You Outsmart CID, NCIS, & OSI?
• When Do I Hire a Civilian Court Martial Lawyer?
• Don’t let the police search your phone (without a warrant)!
• Can Harassing Military Investigators Hurt Your Case?

Videos: Hiring a Military Defense Lawyer

• Why Hiring a Lawyer Early On Gives You an Advantage
• When do I get a Free JAG Military Defense Lawyer if I am Accused of a Military Crime?
• Does Hiring a Military Defense Lawyer Make Me Look Guilty?
• Why Hire a Civilian Court Martial Attorney in a Military Case?
• What Should I Do If Accused of a Military Crime?

Videos: General Military Law Questions

• Does a military conviction go on my civilian criminal record?
• Can I Get a Court Martial Conviction Expunged from my Record?
• Discharges in Lieu of Court-Martial
• Is there Double Jeopardy in the Military Justice System?
• Sentencing in Military Courts-Martial Cases
• Can I Own a Gun if I am Convicted at a Military Court Martial?
• Can I own a gun if I received non-judicial punishment in the military?
• How Top Criminal Defense Lawyers Pick Their Clients

Videos: About Our Military Law Firm

• Firm Overview – González & Waddington Attorneys at Law
• Attorney Michael Waddington on “Success Today” TV Show

Videos: Administrative Separations

• How to Win Military Discharge Boards
• How Can I Avoid an Other than Honorable Discharge in the Military?

Videos: Court Martial Trial Advocacy

• Cross-Examination Techniques – Part 1: Controlling Difficult Witnesses on Cross-Examination
• Cross-Examination Techniques – Part 2: Controlling Difficult Witnesses on Cross-Examination
• Cross-Examination Techniques – Part 3: Controlling Difficult Witnesses on Cross-Examination
• How to Cross Examine an Expert Witness in a Military Court Martial
• Kick-Ass Closing Arguments for Criminal Defense Lawyers
• NACDL’s Pattern Cross-Examination for Sexual Assault Cases
• Kick-Ass Closing Arguments – Closing Arguments Examples

Videos: Trial Advocacy & Cross-Examination Techniques

• Closing Arguments Examples: Kick-Ass Closing Arguments Part 1: Closing Argument Template
• Pattern Cross-Examination for Sexual Assault Cases
• Pattern Cross-Examination of Expert Witnesses
• Pattern Cross-Examination for DNA and Biological Evidence

Military Rule of Evidence – MRE 412 “Rape Shield Law”

• MRE 412 Statute
• Specific Instances of Sexual Conduct
• Exceptions to MRE 412
• Requirements for Admission of MRE 412 Evidence
• Military Rules of Evidence 412 – Requirements for admission
• Procedural Issues with MRE 412
• Military Rule of Evidence – MRE 413 & 414 Evidence of Similar Crimes in Sexual Assault & Child Molestation Cases
• MRE 413 & 414 Background
• MRE 413 & 414 Statutes
• Scope of MRE 413 & 414
• Elements to be Established for MRE 413 & 414
• Judicial Instructions for MRE 413 & 414
• Elements to be Established
• Famous False Sexual Assault Allegations
• Article 120 Abusive Sexual Contact MCM 45b(8)

Sex Assault Crimes in the Military

• Hiring the Best Military Defense Lawyers for a Court-Martial
• False Sexual Assault Allegations in the Military
• Military Defense Lawyers Can Help if You are Accused of Military Sexual Assault
• Wrongful Convictions in Military Sexual Assault Cases
• Defending Alcohol-Facilitated Sexual Assault in the Military
• Military Sexual Assault Defense Lawyers
• Military Law Enforcement Interrogation Techniques & False Confessions
• Revisions to the U.C.M.J. in 2007
• Rape MCM 45 (b)(1) – Rape in the Military
• Aggravated Sexual Assault MCM 45b(3) – Article 120 UCMJ
• Aggravated Sexual Contact MCM 45b(5) – Article 120 UCM
• Abusive Sexual Contact MCM 45b(8) – Article 120 UCMJ
• Wrongful Sexual Contact MCM 45b(13) – Article 120 UCMJ
• Indecent Act & Indecent Exposure
• Forcible Pandering or Forced Prostitution MCM 45b(12)
• Possible Punishments at a Military Court-Martial
• Military Sexual Crimes Involving Children
• Affirmative Defenses in Military Sexual Assault Cases
• Why Do People Make False Sexual Assault and Rape Allegations in the Military?
• Polygraph Test Accuracy in Military Sexual Assault Cases
• Alcohol Blackouts and Military Sexual Assault
• Defending False Sex Assault Allegations in the Military
• New Law to address Military Sexual Harassment and Sexual Assault
• Sexual Assault and Alcohol in the Military and College

Sexual Harassment in the Military: The Proposed UCMJ Article 120d

• Proposed Article 120d UCMJ Military Sexual Harassment

ROTC Disenrollment

• What is ROTC Disenrollment: Why Hire an ROTC Disenrollment Lawyer

Legal Defenses in Military Court

• Special Defenses & Other Defenses  
• Accident Defense
• Defective causation & Intervening cause
• Duress or Coercion
• Inability and Impossibility
• Entrapment
• Self-defense
• Defense of another
• Intoxication
• Necessity or Justification
• Mistaken belief, mistake of fact, or Ignorance
• Alibi
• Voluntary abandonment
• Statute of Limitations
• Former jeopardy – Double Jeopardy
• Miscellaneous Defenses

Miscellaneous Military Law Topics

• Types of Courts-Martial
• Expungement of Military Arrest and DNA Records
• Resources for accessing and fixing military service and medical records
• Levels of Classification Information in a Court-Martial
• Voir Dire in Military Courts
• Article 31(b) Rights in the Military Justice System
• Fraudulent enlistment, appointment, or separation under the UCMJ
• Exclusionary Rule Exceptions: Independent Source
• Search and Seizure Authorization and Probable Cause in the Military Justice System
• Military Rules of Evidence that Codify Fourth Amendment Principles
• What is the US Military Court-Martial System?
• What Is A Summary Courts-Martial in the Military
• Military Legal Resources and Links
• Possible Punishments at a Military Court-Martial
• Fraternization Under Article 134 of the UCMJ
• Military Extraterritorial Jurisdiction Act (MEJA) 
• Larceny and Wrongful Appropriation under Article 121, UCMJ
• Search warrant Exception: Attenuation of Taint
• Maximum Punishment Chart for Article 120 Sex Crimes as of 1 Oct 2007
• Admonitions and Reprimands in the Military
• Release of Information – Military Justice and Disciplinary Actions
• Procedural Safeguards in a Court-Martial
• Charges and Specifications in a Military Court Martial
• Execution of a Court-Martial Sentence
• What are Crime Victim Rights in a Military Court Martial Sentencing Proceeding?
• Using an Expert Witnesses in the Military
• Witnesses in a Military Court-Martial
• Abatement of Confinement
• Cut-off Levels for Military Drug Tests
• Execution of Sentence. UCMJ, Article 71
• Retroactive Effect of Crawford v. Washington
• Court-Martial Case Results
• Non-judicial Punishment and Appeals
• UCMJ – NJP maximum punishment cheat sheet
• Offenses against the person. UCMJ Articles 128, 120a, 134
• Military Rule of Evidence 504. Husband-Wife Privilege
• The lawfulness of military orders under the UCMJ
• Seizure of Property under Military Law
• Accused’s Rights in a Military Court-Martial
• Courts-martial, crimes, and punishment
• Search and Seizure Exclusionary Rule Exception – Inevitable Discovery
• What Statements are “Testimonial”?
• Types of Court Martial Offenses
• The General Article – UCMJ Article 134
• Article 32 Pretrial Investigation
• How law enforcement looks at elements of crimes
• Pretrial Advice in the Military Justice System
• Interviewing Witnesses for a Court-Martial
• Drills for Interviewing Witnesses
• Article 31(b) Rights in the Military Justice System
• Overlay of Victim Witness Program in the Military Justice System
• Pretrial Agreements and Negotiations
• Pretrial flowchart
• Cross-Examination Techniques with Example Cross-Examinations
• Searches & Seizures
• Authorization and probable cause
• Probable Cause
• Seizure (Apprehension) of Persons
• Seizure of Property
• Automobile Exception
• Consent Searches
• Administrative Inspections
• Emergency & Inventory Searches
• Searches for Medical Purposes and School Searches
• Stop and Frisk
• Exigent Circumstances
• Searches Incident to Apprehension
• Exclusionary rule and exceptions
• Exception: Attenuation of Taint
• Exception: Good Faith
• Exception: Impeachment
• Exception: Independent Source
• Exception: Inevitable Discovery
• Government Action
• Reasonable Expectation of Privacy (REP)
• The Fourth Amendment in the Military
• Motions, Burdens of Proof, and Standards of review

Military Sexual Assault Victim Information

• Rape Trauma Syndrome and Military Sexual Assault Cases
• Military Rape Victim Behavior
• Rape Culture and Military Sexual Assault
• Sexual Assault and Alcohol in the Military and College
• Expungement of Military Arrest and DNA Records
• Combating Military Sexual Harassment and Sexual Assault
• Rape Victim Behavior in the Military
• Rape Trauma Treatment for Victims of Military Rape
• Counseling For PTSD for Victims of Military Sexual Assault
• Trauma Caused By Military Sexual Abuse
• Resources For Sexual Assault Survivors

Court-Martial Personnel

• Court-martial personnel
• Accused
• Appendix – pretrial flowchart
• Accuser Disqualification
• Acting Commanders/successors in command
• Challenges to the panel selection process – criteria used by convening authority
• Convene What?
• Enlisted Members
• Panel Selection Issues
• Power to Convene
• Сhallenges to the panel selection process – criteria used by convening authority
• Counsel
• Levels of courts-martial
• Military Judges
• Disqualification – conduct of trial & judicial advocacy
• Disqualification – “bridging the gap” sessions
• Expanded Powers and Remedial Action
• Military judge disqualification – ex parte communications conduct outside of court
• Military judge disqualification – judicial exposure
• Qualifications
• Other Court-martial personnel
• Panel members
• Disqualification – mechanics
• Enlisted Members
• Members can call and question witnesses

Guilty Pleas in the Military

• Military Guilty Pleas Overview
• Acceptance of Pleas and Entering Findings
• Conditional Guilty Pleas under RCM 910(a)(2)
• Pleading Procedure- Guilty Plea and Providence Inquiry
• use of Guilty Plea in Mixed Plea Cases

Discovery and Expert assistance under the UCMJ

• Appointment and Production of Expert assistance
• Appointment and Production of Expert Witnesses
• Discovery and trial advocacy
• Defense Discovery Responsibilities and Requests
• Disclosures or notices made upon government request (not based on reciprocity)
• Mandatory disclosure or notice requirements for defense counsel
• Disclosures made upon government requests (based on reciprocity)
• Discovery in the Military Justice system
• Government requests for discovery
• Mandatory disclosure or notice requirements for trial counsel
• Introduction to discovery in the military
• Duty to preserve evidence
• Enforcement
• Regulation of production of witness and evidence under the UCMJ
• Regulation of Discovery
• Protective and modifying orders
• Remedies for Nondisclosure

Court-martial appeals under the UCMJ

• Military Court-Martial Appeals
• Action by Convening Authority. Article 60, UCMJ; RCM 1107
• Action by the Judge Advocate General. Articles 66 and 69, UCMJ; RCM 1201
• Requirements for action on a court-martial sentence
• Appeals. Deferment of confinement
• Assertions of Ineffective Assistance of Counsel
• Claims of post-trial cruel and unusual punishment
• Deferment of forfeitures
• Effectiveness of Military Defense Lawyers in the Post-trial Area
• Who may act – the person who convened the court
• General considerations
• Action on findings not required but permissible
• Action on sentence must

SEXUAL ASSAULT DoD RESOURCES:

• ARMY SHARP
• MARINE CORPS SAPR
• NAVY SAPR
• AIR FORCE SAPR
• COAST GUARD SAPR

DoD MILITARY SEXUAL ASSAULT RESOURCES:

• DOD Safe Helpline
• Rape Resources For Victims – Military Sexual Assault
• U.S. Department of Defense Sexual Assault Prevention and Response
• Military Sexual Assault Prevention And Response Program