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Punitive Articles of the UCMJ Posted by Ernesto Gapasin | Jul 21, 2016 | 0 Comments The Uniform Code of Military Justice (UCMJ) provides the backbone for military law in the United States. When a member of the armed forces commits a crime, no matter what the severity of the infraction, the UCMJ dict Read More

Dismissal Of Charges Is Possible Where Vindictive Prosecution Is Proven Posted by Ernesto Gapasin | Oct 24, 2023 | 0 Comments Dismissal of a case can happen where the Government "vindictively prosecutes" an accused. Vindictive prosecution is a prosecution to deter or punish the exercise of a Read More

How Long Does a Court-Martial Take? Posted by Ernesto Gapasin | Jun 16, 2015 | 0 Comments As a rule, the military justice system is far more streamlined than the civilian system. Civilian trials can wait on the docket for years in busy jurisdictions, but military trials will almost never require suc Read More

Types of Court-Martial Posted by Ernesto Gapasin | Feb 13, 2015 | 0 Comments The military is unique in that it has its own criminal trial system. Conducted by the U.S. military, courts-martial are used to try members of the military who have criminally violated the Uniform Code of Military Just Read More

Who Can Convene a Court-Martial? Posted by Ernesto Gapasin | Sep 23, 2016 | 0 Comments You may fantasize about court-martialing your commanding officer for denying your last leave request, but unfortunately for you, only very specific parties have the power to convene (i.e., call up or summon) a cou Read More

Can I See Evidence Against Me In a Military Investigation? Posted by Ernesto Gapasin | Apr 23, 2015 | 0 Comments Being the subject of a military investigation can be stressful. If you're being investigated for wrongdoing by the military, you are probably wondering when or if you can see the evidence Read More

Pre-Trial Confinement in the Military Posted by Ernesto Gapasin | May 01, 2015 | 0 Comments Pre-trial confinement in the military is typically not as severe as the arrest of a civilian in the U.S. Criminal Justice System. When civilians are arrested, they're usually confined to the same area th Read More

What Is Unlawful Command Influence? Why Should I Care If It Happens In My Court-Martial? Posted by Ernesto Gapasin | Oct 23, 2023 | 0 Comments One of the main functions of a defense counsel in military courts is to do everything possible to prevent Unlawful Command Influence, otherwise known simply Read More