July 16th, 2010
If you are convicted at a court-martial does it qualify as a misdemeanor or a felony?
The military does not distinguish between misdemeanors and felonies. Some people believe that a special court-martial is equivalent to a misdemeanor and a general court-martial to a felony; some believe that any confinement in excess of 12 months is a felony. However, that is not entirely accurate. The classification of a court-martial conviction is determined by state and federal law. In deciding how to classify a conviction, some states look at the offense, some look at the maximum confinement faced for each offense, and some look at the actual sentence. In short, because there is no set answer to this question, you should contact a civilian attorney, public defender, or your state attorney general for clarification.
Tags: courts-martial, felonies, felony, general court-martial, military, misdemeanor, special court-martial
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July 10th, 2010
In the unfortunate event that you are convicted of an offense during your court-martial, or if you elect to plead to some offense, it is important to present the best picture of you to the court members (jury) or the military judge. Most inexperienced attorneys fail to adequately prepare for the sentencing phase of the court-martial. By taking advantage of the relaxed rules in sentencing and developing an effective strategy an experienced attorney can significantly reduce your punishment and possibly save your career.
Mr. Sigmon aggressively develops your case so that your unique circumstances are presented to the court. Mr. Sigmon has used a variety of techniques over the years to present evidence before the court so that your best qualities are showcased in an effort to insure that any punishment you receive is significantly reduced.
For a free consultation call Mr. Sigmon today. Do not settle for less-experienced attorneys or assume that high attorneys fees equal quality representation. Mr. Sigmon takes into consideration your ability to pay and offers you top-notched representation at a price you can afford.
Tags: air force, army, civilian defense counsel, court martial, courts-martial, department of defense, law, marines, military judge, Military Law Advice, military lawyer, navy, rules, sentencing
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July 1st, 2010
Article 46 of the Uniform Code of Military Justice (UCMJ) provides that defense counsel shall have an equal opportunity to obtain witnesses and other evidence. In accordance with Rule of Court-Martial (R.C.M.) 703, the defense may request employment of expert witnesses. This also includes employment of a defense investigator or expert consultant if needed.
Securing the services of an expert consultant or an investigator can be critical to a successful defense of charges under the UCMJ. Retaining an experienced attorney like Mr. Sigmon provides you with the best opportunity at success when you are facing a life-changing event such as a court-martial. Mr. Sigmon has secured the assistance of experts and investigators in numerous trials to significantly affect the outcome in case where his clients were faced with serious charges. Do not place your future in less experienced hands. Call Mr. Sigmon now!
Tags: air force, army, civilian defense counsel, court martial, courts-martial, expert witnesses, marines, Military Law Advice, military lawyer, military trial, navy, ucmj
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June 25th, 2010
If you are asked by military authorities to search your personal property or home, what are your rights?
First you do not have to consent to a search of your home or personal property. If fact, you should never volunteer to let your property searched. If the authorities tell you that your cooperation will help your case, do not believe them. If they have a legal basis to search, then they can secure a search authorization.
Second, under the Uniform Code of Military Justice (UCMJ), military authorities are required to secure a search authorization (warrant) from a magistrate to search your personal property or home. To secure that authorization, the military authority must convince the magistrate that there is evidence of a crime present in the location of the search.
Third if the authorities have a search authorization, ask to see it and read it carefully. The scope of the search may be limited and can not be used as an excuse to search everywhere. If they don’t show you an authorization tell them to leave. After the search is completed and if the authorities remove any property, ask them for an inventory right then. If they refuse, document your conversation with them.
If you are the spouse of a military member you also do not have to consent. If your spouse isn’t present you should assume he/she did not consent to a search. Military authorities may tell you that your cooperation will help your spouse. Do not believe them.
If you are suspected of a crime or the subject of a search, contact Mr. Sigmon immediately. Early action by Mr. Sigmon may prove critical to protecting your rights and freedom.
Tags: air force, army, civilian defense counsel, criminal law, law, marines, military authorities, Military Law Advice, military lawyer, military police, navy, personal property, search, searches, ucmj
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June 11th, 2010
No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question the answer that may tend to incriminate him.
No person subject to the Uniform Code of Military Justice may interrogate, or request any statement from a person suspected of an offense without first informing him of the nature of the accusation, that he does not have to made a statement regarding the offense, and that any statement may be used against him as evidence in a trial by court-martial.
When the military police, security forces, criminal investigators, your supervisor or your commander suspects you of a crime, they must read you your Article 31 rights before any questioning may begin.
Interestingly, many first sergeants and commanders do not understand the rights afforded under Article 31 and will question an individual regarding an offense under the UCMJ before reading them their Article 31 rights. This is a violation of your rights.
If you are suspected of an offense or believe that you are being questioned by military authorities about committing a criminal offense do not answer any questions and immediately request a lawyer.
Mr. Sigmon has deal with many cases where a military member’s rights have been violated by military authorities. If you have questions, suspect you may be charged with an offense under the UCMJ or believe your rights have been violated contact Mr. Sigmon immediately.
Tags: air force, army, Article 31, civilian defense counsel, incrimination, interrogation, lance sigmon, marines, Military Law Advice, military lawyer, military police, navy, rights, ucmj, uniform code of military justice
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May 24th, 2010
Are you currently AWOL or are you thinking about leaving your unit? Below are some facts you should consider . . .
An active duty member can be punished for failing to go to work, leaving their unit or AWOL. Under certain circumstances, the member can be charged with desertion.
Failing to go to an appointed place of duty occurs when you are appointed a certain time and place of duty; that you knew of that time and place; and you, without authority, failed to go to the appointed place of duty at that time.
Leaving a place of duty occurs when you are appointed a certain time and place of duty; that you knew of that time and place; and that you, without authority, left that appointed place of duty.
Absence without leave occurs when you leave your unit, organization or place of duty; the absence was without proper authority; and the absence was for a certain period of time.
Desertion occurs when you absent yourself from your unit, organization, or place of duty; that the absence was without authority; that you, at the time the absence began or at some time during the absence, intended to remain away permanently. If you are declared a deserter, the military will issue a warrant for your arrest. If you are stopped by the police for any reason, you will be arrested and will be locked up in a civilian jail until the military comes to get you.
As you might expect these offenses carry significant penalties and will hang over your head until resolved. Early action by Mr. Sigmon can have a major impact in the level of punishment that may be imposed upon a person accused of one of these crimes. If you are AWOL please contact me immediately for assistance. The initial call is free.
Tags: Absence without leave, Article 86, AWOL, civilian defense counsel, courts-martial, department of defense, Desertion, lance sigmon, Military Law Advice, military lawyer, ucmj
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May 18th, 2010
All branches of the military employ a mandatory drug testing program. Military members are required to submit to random urine testing which are tested at Department of Defense testing laboratories for specific controlled substances. If a member’s urine sample tests positive, he normally faces trial by court-martial. If not, he will face an administrative discharge.
In most courts-martial involving positive drug tests, the only evidence the government produces at trial will be the urinalysis test results. The accuracy of the urinalysis testing is key to the government’s case. During his career, Mr. Sigmon was exposed to all phases of the drug testing program and has successfully represented many active duty members facing trial by court-martial. As a military judge, Mr. Sigmon gained unrivaled experience in analyzing collection and testing procedures to determine the reliability of a positive drug test result.
Even if a drug test was conducted and tested properly, all is not lost. If a military member innocently or unknowingly ingested a controlled substance, they are not guilty of a crime. A successful defense of innocent or unknowing ingestion requires the services of an attorney with proven experience and understanding of the science of drug testing. Through his decades of practice in military courts, Mr. Sigmon has developed the experience and expertise needed to provide you with the best representation possible.
If you have been notified of a positive test result, call Mr. Sigmon immediately. Your initial phone call is free.
Tags: civilian defense counsel, courts-martial, criminal law, department of defense, drug testing, drugs, illegal substances, lance sigmon, Military Law Advice, military lawyer
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March 2nd, 2010
Article 37(a), UCMJ, prohibits unlawful command influence (UCI). UCI occurs when senior personnel, wittingly or unwittingly, have acted to influence court members, witnesses, or others participating in military justice cases. Examples can include attempts to interfere with access to witnesses, commanders imposing a specific punishment or a level of discipline because of a superior’s influence or limiting access to evidence or other matters that may affect your defense. Unfortunately, uncovering unlawful command influence is difficult especially if you are part of the system. Experience, tenacity and independence are important factors in the successful response to attacks upon you rights under the military justice system. Mr. Sigmon is not hindered by the restraints or demands of active duty service, and does not hesitate to go against the command structure when necessary to defend his client. Do not risk your future with a less experienced defense counsel.
Tags: Article 37, command influence, commander, courts-martial, military justice, personnel, ucmj, witnesses
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February 24th, 2010
The new Article 120, UCMJ (Rape, sexual assault, and other sexual misconduct) took effect for offenses occurring on and after October 1, 2007. These new changes created 36 offenses that replaced offenses under the former Article 120 and others under Article 134.
Those new Article 120 offenses include:
- Indecent assault
- Indecent acts or liberties with a child
- Indecent exposure
- Indecent acts with another
That UCMJ change also amended some Article 134 offenses.
- Indecent language communicated to another
- Pandering (having someone commit an act of prostitution) is still an offense under Article 134 but the elements have been somewhat modified.
- There is a new Article 120 offense when the pandering is “compelled.”
The changes also permit charging an accused when the accused personally did not engage in the sexual act, sexual contact, indecent conduct, or lewd act, but instead caused another to do so.
If you are suspected of committing any sexual offense, contact Mr. Sigmon immediately! Your future is at risk as these offenses carry significant criminal penalties and early action by Mr. Sigmon may be crucial for your defense.
Tags: assault, exposure, indecent liberties, law, military, pandering, rape, sexual offenses, ucmj
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August 20th, 2009
Each military service has established a court of criminal appeals which is composed of one or more panels, and each panel has not less than three appellate military judges. Appellate military judges who are assigned to a court of criminal appeals may be commissioned officers or civilians, each of whom must be a licensed attorney.
The appropriate service court of criminal appeals can correct any legal error it finds, and it can reduce what it considers to be an excessive sentence. The Court may only affirm findings of guilty and the sentence or such parts of the sentence that it finds correct in law and fact. In considering the record, the court may weigh the evidence, judge the credibility of witnesses, and determine disputed questions of fact.
Each service court of criminal appeals review courts-martial in which the sentence, as approved: extends to death; dismissal of a commissioned officer, cadet, or midshipman; dishonorable or bad-conduct discharge of enlisted personnel; or confinement for one year or more. These courts may also review cases referred to the court by the service’s Judge Advocate General.
Five civilian judges, appointed by the President, comprise the Court of Appeals for the Armed Forces (CAAF) and serve for a term of 15 years. CAAF is responsible for overseeing the military justice system. In all but death penalty cases, which it reviews automatically, and cases certified by the Judge Advocate General, CAAF chooses upon petitions for review which cases it will consider.
Tags: appeals, courts-martial
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