Spice in the Military – AFI 44-120March 26th, 2012According to news reports: The Air Force is testing for Spice through a civilian laboratory and by March will be conducting in-house urinalysis testing. The use of designer synthetic chemicals, such as Spice, and other intoxicating substances are prohibited AFI 44-120. Testing includes random inspection testing, and unit, dorm and gate sweeps. If you test positive for Spice or any other illegal substance, do not make a statement to anyone and call Mr. Sigmon immediately. Downloading and File SharingJanuary 2nd, 2011Servicemembers should be wary of using any file downloading or file sharing services during or outside of the scope of their duty. File sharing services such as BitTorrent, Limewire, Bearshare, DC++ not only foster the transfer of illegally pirated music and movies, but they also serve as underground networks for child pornography. Unwitting servicemembers can easily find themselves charged for possessing or transmitting child pornography through these programs without their knowledge or consent. Legal and moderated methods of acquiring movies and music, such as iTunes and Amazon.com, are a much safer solution. Servicemembers should also be wary of letting friends, acquaintances, or coworkers use their personal computers. Because it is difficult, if not impossible, to prove who uses a computer at any given time, what a friend or coworker does on a computer is typically blamed on the computer’s owner. Many military members have been prosecuted for material found on their personal computers that they were entirely unaware of. If other people regularly use your computer, the best method to protect yourself is to let them use the “Guest” user account or to set up a separate user account for them. Additionally, use a password to lock your computer whenever you leave it in a public location, or physically take the computer with you if feasible. If you are suspected of a technology-related 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 in all manner of technology-related criminal trials. Through the use of computer experts and aggressive representation, Mr. Sigmon will protect your rights and your future. Call him now! Child Pornography and Military LawAugust 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! Court-Martial Misdemeanor vs FelonyJuly 16th, 2010If you are convicted at a court-martial does it qualify as a misdemeanor or a felony? The military does not distinguish between misdemeanors and felonies. Some people believe that a special court-martial is equivalent to a misdemeanor and a general court-martial to a felony; some believe that any confinement in excess of 12 months is a felony. However, that is not entirely accurate. The classification of a court-martial conviction is determined by state and federal law. In deciding how to classify a conviction, some states look at the offense, some look at the maximum confinement faced for each offense, and some look at the actual sentence. In short, because there is no set answer to this question, you should contact a civilian attorney, public defender, or your state attorney general for clarification. Sexual Offenses in the MilitaryFebruary 24th, 2010The new Article 120, UCMJ (Rape, sexual assault, and other sexual misconduct) took effect for offenses occurring on and after October 1, 2007. These new changes created 36 offenses that replaced offenses under the former Article 120 and others under Article 134. Those new Article 120 offenses include:
That UCMJ change also amended some Article 134 offenses.
The changes also permit charging an accused when the accused personally did not engage in the sexual act, sexual contact, indecent conduct, or lewd act, but instead caused another to do so. If you are suspected of committing any sexual offense, contact Mr. Sigmon immediately! Your future is at risk as these offenses carry significant criminal penalties and early action by Mr. Sigmon may be crucial for your defense. |
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See AlsoNew Blog PostsAccording to news reports: The Air Force is testing for Spice through a civilian laboratory and by March will be conducting in-house urinalysis testing. The use of designer synthetic chemicals, such as Spice, and other intoxicating substances are prohibited AFI 44-120. Testing includes random inspection testing, and unit, dorm and gate sweeps. If you test [...] Read the Blog... |