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 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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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
Posted in Military Law Advice | No Comments »
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- Courts-Martial
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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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