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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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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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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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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Areas of Expertise
- Courts-Martial
- Court-Martial Appeals
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