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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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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