HOW DO I GET AN NJP REMOVED?

Marine’s Question: “I received a DUI in February 2018 and it was completely taken care of by March of 2018. I received NJP on August of 2019. In Section 0124 of the JAGMAN addresses Marines being referred to court-martial or subject to NJP after they have been tried domestic or foreign criminal courts. With the Misconduct already being adjudicated or diverted out in town, and there was no approval by GCMCA and notification to HQMC (JAM). How could I get this removed?”

Mr. King’s Response:

“Great question. First, make sure that GCMCA approval wasn’t received (it may have been and you just aren’t aware). Next, you may be able to either appeal the original NJP on these grounds (refer to JAGMAN 0116) or ask to “set aside” the NJP (see JAGMAN 0118 and Part V of the Manual for Courts Martial). Both of these options will require that you show “good cause” for asking for this relief so long after the original NJP, but an experienced military attorney can analyze your case to see if such “cause” exists. I encourage you to reach out to one of us for more in-depth legal help. Good luck!”

MILITARY DISCHARGE UPGRADES: DON’T GIVE UP!

Military Discharge Upgrades: A Legal Victory and False Hope? 

Are you or a loved one one of the tens of thousands of veterans who received a less than honorable discharge? If so, you likely know the stigma and difficulty that such a characterization of service brings in the civilian world. But the good news is that you may not have to live forever with that stigma. Discharge upgrades, while never automatic and not easy to win, are possible. But you have to do it right. Simply filling out forms provided on DoD or VA websites will rarely result in a successful package. Instead, consider obtaining the assistance of an experienced military lawyer to help you. They can provide valuable insight that makes your package as strong as it can be. For example, I’ve seen many packages where the servicemember was separated for drug use but their package does not address the circumstances of that use. That’s usually a mistake. The Board members will care about those circumstances and including them can mitigate that drug use. Alternatively, omitting those circumstances may leave the Board members wondering about worst case scenarios. This is not legal advice and the circumstances of your case will be crucial in making these types of decisions. The point is, don’t give up. If you have a less than honorable discharge and believe your circumstances deserve consideration, reach out to someone for help. Your service deserves to be characterized by what you’ve earned, not just what your last CO thought it should be.

FEDERAL COURT RULES RETIREES ARE NOT SUBJECT TO MILITARY JURISDICTION

FEDERAL COURT HOLDS COURT MARTIAL JURISDICTION OVER RETIREES IS UNCONSTITUTIONAL

In a landmark decision, a D.C. Federal Court has held unconstitutional the practice of subjecting retirees to court martial under the Uniform Code of Military Justice, since doing so deprives these men and women of the same rights under the U.S. Constitution that their civilian counterparts enjoy (right to indictment, jury, etc.). The government argued that jurisdiction was necessary because retirees needed to remain subject to “good order and discipline” in case they needed to be called back to active duty, even though the law did NOT subject reservists to the UCMJ unless they were ON active duty. To this argument, the judge responded: “Please!”

If you or a loved one are facing charges under the UCMJ, please reach out to an experienced military attorney for assistance. At KML, we’re available to you 24/7.

A “DISGUSTING FAILURE” INDEED.

“A DISGUSTING FAILURE:” SENATOR SASSE SLAMS DOJ OVER INVESTIGATION OF 2008 EPSTEIN CASE.

While I know many honorable, competent prosecutors, others make deeply flawed decisions: sometimes out of mistake, sometimes out of incompetence, and sometimes out of reasons more nefarious.

This one simply HAD to be the latter. As such, it stands as yet another example of how those who make “unjust” prosecutorial decisions that needlessly destroy the lives and families of those involved—be they victim or defendant—are rarely made to answer for that destruction.

Shame on Acosta and all who now insulate him. 

King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most

MILITARY SEXUAL ASSAULT CHARGES LACK SUFFICIENT EVIDENCE

As those of us who work within the system have long known, the military criminal system prosecutes sexual assault cases that lack sufficient evidence for a conviction. This practice violates prosecutorial ethics, squanders resources needed for legitimate sexual assault prosecutions, and damages the legitimacy of the military justice system. 

All of that said, sadly, even some of these insufficient cases have resulted in convictions. If you or someone you know is charged with any military crime, you’re not in a fair fight. Make sure you have an experienced military trial attorney on your team who knows how to win that fight!

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King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most