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 15th, 2010
Under the Uniform Code of Military Justice (UCMJ), a minor (person under the age of 16) cannot consent to sexual intercourse; however, what happens if the accused did not know the girl was underage because she lied about her age? In this case, an accused may plead “not guilty” and assert a “mistake of fact” defense. If the defense is successful, the accused will be found not guilty.
Punishments under the UCMJ for committing sexual offenses with or against a minor are harsh. In addition to those harsh penalties, a person convicted of these kinds of offenses are required to register as a sex offender.
If you are accused of any sex offense that involves a minor, contact Mr. Sigmon immediately! Do not settle for an inexperienced counsel or one that is not familiar with the military. Your future depends on securing the services of a seasoned attorney with expertise in dealing with these types of offenses in the military.
Tags: minor, mistake of fact, sex offender, sex offenses, sexual intercourse, 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 1st, 2010
Article 46 of the Uniform Code of Military Justice (UCMJ) provides that defense counsel shall have an equal opportunity to obtain witnesses and other evidence. In accordance with Rule of Court-Martial (R.C.M.) 703, the defense may request employment of expert witnesses. This also includes employment of a defense investigator or expert consultant if needed.
Securing the services of an expert consultant or an investigator can be critical to a successful defense of charges under the UCMJ. Retaining an experienced attorney like Mr. Sigmon provides you with the best opportunity at success when you are facing a life-changing event such as a court-martial. Mr. Sigmon has secured the assistance of experts and investigators in numerous trials to significantly affect the outcome in case where his clients were faced with serious charges. Do not place your future in less experienced hands. Call Mr. Sigmon now!
Tags: air force, army, civilian defense counsel, court martial, courts-martial, expert witnesses, marines, Military Law Advice, military lawyer, military trial, navy, ucmj
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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
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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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March 2nd, 2010
Article 37(a), UCMJ, prohibits unlawful command influence (UCI). UCI occurs when senior personnel, wittingly or unwittingly, have acted to influence court members, witnesses, or others participating in military justice cases. Examples can include attempts to interfere with access to witnesses, commanders imposing a specific punishment or a level of discipline because of a superior’s influence or limiting access to evidence or other matters that may affect your defense. Unfortunately, uncovering unlawful command influence is difficult especially if you are part of the system. Experience, tenacity and independence are important factors in the successful response to attacks upon you rights under the military justice system. Mr. Sigmon is not hindered by the restraints or demands of active duty service, and does not hesitate to go against the command structure when necessary to defend his client. Do not risk your future with a less experienced defense counsel.
Tags: Article 37, command influence, commander, courts-martial, military justice, personnel, ucmj, witnesses
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