January 7th, 2011
Entrapment 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!
Tags: air force, army, civilian defense counsel, Coast Guard, court martial, courts-martial, department of defense, Entrapment, marines, military lawyer, navy, ucmj
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October 10th, 2010
Have 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.
Tags: controlled substances, court martial, drugs, military drug use, urinalysis
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August 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!
Tags: air force, army, child pornography, court martial, courts-martial, criminal law, department of defense, law, marines, military, military justice, military law, Military Law Advice, military lawyer, navy, ucmj, uniform code of military justice
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July 22nd, 2010
Am 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.
Tags: civilian defense counsel, court martial, courts-martial, department of defense, lance sigmon, military attorney, military court, Military Law Advice, personnel, ucmj, uniform code of military justice
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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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Areas of Expertise
- Courts-Martial
- Court-Martial Appeals
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