Spice in the Military – AFI 44-120March 26th, 2012According to news reports: The Air Force is testing for Spice through a civilian laboratory and by March will be conducting in-house urinalysis testing. The use of designer synthetic chemicals, such as Spice, and other intoxicating substances are prohibited AFI 44-120. Testing includes random inspection testing, and unit, dorm and gate sweeps. If you test positive for Spice or any other illegal substance, do not make a statement to anyone and call Mr. Sigmon immediately. Spice and other Herbal Substances — An UpdateJune 16th, 2011As I noted in an earlier blog, spice and other similar herbal substances are on the military’s radar. Just recently one Air Force base caught approximately 30 active duty airmen in a “sting operation” involving spice. According to reports all of these airmen face disciplinary action and will most likely be separated from the service. If you are accused or suspected of using spice or any other type herbal substance, call Mr. Sigmon immediately. Your career may be in jeopardy and you need to have experienced counsel on your side in this critical time of your life. EntrapmentJanuary 7th, 2011Entrapment is when the police or other investigating officers encourage or induce a person to commit a crime for which he is charged. Because the police and investigating officers cannot encourage crime, if it is found that they did indeed induce a person to commit a crime (via trickery or otherwise), the defendant will not be responsible for his crime. To prove entrapment, a defendant must show that he would not have committed a crime except for the fact that he was made or otherwise encouraged to do so. The defendant cannot argue entrapment if he knowingly uses police involvement as an excuse for his crime — rather, he must prove that he would not have committed the crime at all without the intervention of investigating officers. Examples of entrapment include police pressuring a defendant to commit a crime, police making the defendant believe he must commit a crime, and police setting up a scenario where the defendant could accidentally or very easily commit a crime. If you or someone you know have been entrapped by the police, call Mr. Sigmon immediately. Having tried these types of cases in the past and having worked on precedent-setting military appeals, Mr. Sigmon has developed significant expertise in representing military members in all manner criminal trials. Mr. Sigmon will protect your rights and your future. Call him now! Downloading and File SharingJanuary 2nd, 2011Servicemembers should be wary of using any file downloading or file sharing services during or outside of the scope of their duty. File sharing services such as BitTorrent, Limewire, Bearshare, DC++ not only foster the transfer of illegally pirated music and movies, but they also serve as underground networks for child pornography. Unwitting servicemembers can easily find themselves charged for possessing or transmitting child pornography through these programs without their knowledge or consent. Legal and moderated methods of acquiring movies and music, such as iTunes and Amazon.com, are a much safer solution. Servicemembers should also be wary of letting friends, acquaintances, or coworkers use their personal computers. Because it is difficult, if not impossible, to prove who uses a computer at any given time, what a friend or coworker does on a computer is typically blamed on the computer’s owner. Many military members have been prosecuted for material found on their personal computers that they were entirely unaware of. If other people regularly use your computer, the best method to protect yourself is to let them use the “Guest” user account or to set up a separate user account for them. Additionally, use a password to lock your computer whenever you leave it in a public location, or physically take the computer with you if feasible. If you are suspected of a technology-related offense, call Mr. Sigmon immediately. Having tried these types of cases in the past and having worked on precedent-setting military appeals, Mr. Sigmon has developed significant expertise in representing military members in all manner of technology-related criminal trials. Through the use of computer experts and aggressive representation, Mr. Sigmon will protect your rights and your future. Call him now! “Spice” and other herbal substancesNovember 9th, 2010Spice and other similar herbal substances are on the military’s radar. Common names for Spice include Genie, K2, Skunk, Spice Diamond, Spice Gold, Spice Silver, Yucatan Fire and Zohai. The military is now prohibiting use of Spice or similar substances through punitive regulations/instructions. Each branch of the service views illegal drug use as incompatible with continued service, and attacks illegal drug use through trial; by courts-martial or in some limited cases, Article 15 with a follow-on administrative separation. With the inclusion of substances such as spice and other similar synthetic substances in punitive regulations and instructions, your command can now punish you for misusing those otherwise lawful substances under Article 92, for failing to obey a lawful general regulation/order. Punishment can range from Article 15, administrative separation and even court-martial. If you are accused or suspected of using spice or any other type herbal substance, call Mr. Sigmon immediately. Innocent Ingestion – DrugsOctober 10th, 2010Have you been notified by your command that you have tested positive for a controlled substance (cocaine, ecstasy, or other illegal drug) and you did not use that substance? Under the Uniform Code of Military Justice (UCMJ), your command has to prove that you knowingly used an illegal substance before they can discipline you in a military trial. In fact in a court-martial, you can claim unknowing ingestion as a defense to this type of charge. If you are successful with that defense, you can be found not guilty. Mr. Sigmon has been in hundreds of courts-martial involving the use of illegal drugs. He is very familiar with the drug testing procedures used by the military and understands the strengths and weaknesses of that testing system. Do not let your hard work and sacrifices during your military career end without a fight. Contact Mr. Sigmon today. Mistake of Fact (Age)August 15th, 2010Under the Uniform Code of Military Justice (UCMJ), a minor (person under the age of 16) cannot consent to sexual intercourse; however, what happens if the accused did not know the girl was underage because she lied about her age? In this case, an accused may plead “not guilty” and assert a “mistake of fact” defense. If the defense is successful, the accused will be found not guilty. Punishments under the UCMJ for committing sexual offenses with or against a minor are harsh. In addition to those harsh penalties, a person convicted of these kinds of offenses are required to register as a sex offender. If you are accused of any sex offense that involves a minor, contact Mr. Sigmon immediately! Do not settle for an inexperienced counsel or one that is not familiar with the military. Your future depends on securing the services of a seasoned attorney with expertise in dealing with these types of offenses in the military. Child Pornography and Military LawAugust 10th, 2010“Child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct . . . .” 18 United States Code §2256(8). Knowingly possessing, receiving, distributing or creating child pornography is illegal. Punishment for a conviction of this type of offense is normally harsh and registration as a sex offender is required. Military and civilian authorities aggressively pursue any individual they think are involved with child pornography. In some cases, authorities pose as children on the internet in an attempt to lure unsuspecting people into committing a criminal offense. Not all individuals suspected of violating this statute even knew they possessed, received or distributed this type of material. Given the vast amount of unwanted spam, junk e-mails, viruses, and other attacks upon people’s computers, receipt of unwanted and illegal material can occur without your knowledge. If you are suspected of this offense, call Mr. Sigmon immediately. Having tried these types of cases in the past and having worked on precedent-setting military appeals, Mr. Sigmon has developed significant expertise in representing military members suspected of the type of offense. Through the use of computer experts and aggressive representation, Mr. Sigmon will protect your rights and your future. Call him now! Basic Housing Allowance FraudJuly 30th, 2010While most people know that stealing or taking another’s personal property is a crime, many fail to recognize that receiving basic housing allowance (BAH) in an amount above what you are entitled to can also be a crime. Under Article 121, Uniform Code of Military Justice (UCMJ) larceny and wrongful appropriation can be punished by up to ten (10) years confinement. During tough economic times and budget shortfalls, military authorities become more aggressive at looking for overpayments and prosecuting military members. If you are suspected of receiving a substantial overpayment in BAH do not automatically assume that you can “just pay back the money” and be in the clear. What you can assume is that military investigators will review all of your applications for housing allowances and determine if the error was an innocent mistake (unlikely) or a willful act on your part. After their initial investigation is complete, you will most likely be read your rights (for larceny and false official statement) and interrogated. It is at this point you need to request an attorney and remain silent. If you are suspected of receiving BAH or any other allowance significantly above what you are entitled, please call Mr. Sigmon immediately. Quick action on your part and aggressive action by Mr. Sigmon may help save your career. Court-martial records are packed with convictions for unlawfully receiving BAH and other government monies. Don’t let this happen to you! Military Status while Appeal PendingJuly 22nd, 2010Am I still in the military while my appeal is pending? If your case is still being appealed through the military court system, you have a pending punitive discharge, and you are released from confinement (due to parole or minimum/maximum release date), you will be placed on appellate/excess leave (without pay). This status continues until the appellate review of your court-martial is over and the punitive discharge is acted upon. During this time, you are still subject to the UCMJ for any criminal misconduct. It also means that you and your dependents retain their military ID cards and military benefits (medical, BX/commissary, etc.) during that appeal process. |
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See AlsoNew Blog PostsAccording to news reports: The Air Force is testing for Spice through a civilian laboratory and by March will be conducting in-house urinalysis testing. The use of designer synthetic chemicals, such as Spice, and other intoxicating substances are prohibited AFI 44-120. Testing includes random inspection testing, and unit, dorm and gate sweeps. If you test [...] Read the Blog... |