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 30th, 2010
While 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!
Tags: air force, army, bah, basic housing allowance, civilian defense counsel, courts-martial, criminal law, department of defense, larceny, marines, Military Law Advice, military lawyer, military police, navy, ucmj, uniform code of military justice
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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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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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Areas of Expertise
- Courts-Martial
- Court-Martial Appeals
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