June 16th, 2011
As 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.
Tags: air force, army, civilian defense counsel, drug testing, drugs, illegal substances, lance sigmon, marines, military law, military police, mlitary lawyer, navy, spice
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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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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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Areas of Expertise
- Courts-Martial
- Court-Martial Appeals
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As 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. [...]
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