If a soldier is acquitted at court-martial for manslaughter, can civilian prosecutors retry the case without triggering double jeopardy?
The military justice system and civilian court systems are separate sovereigns, and a verdict in…
What is the practical difference between Article 118 and Article 119, and how does the convening authority choose between them?
Murder under Article 118 and manslaughter under Article 119 address different mental states and carry…
Can a soldier be prosecuted under UCMJ for a death that occurred during a training exercise?
Service members who participate in training exercises that result in another person's death can face…
What is the vacation of a suspended punishment under Article 15, and when can a commander reinstate a previously suspended NJP?
A suspended punishment under Article 15 is a conditional outcome. The commander imposes a punishment…
Can a soldier be charged with pandering or solicitation if the person involved was a civilian and the act occurred entirely off-base?
Pandering and solicitation charges under the UCMJ can be based on conduct that occurred entirely…
Under what specific conditions does the military actually prosecute adultery in 2025, and must the conduct demonstrably harm good order and discipline for charges to proceed?
Adultery remains a chargeable offense under the UCMJ, but the practical reality of how it…
Does the monetary value of stolen property determine whether the charge goes to a general or special court-martial?
The monetary value of property alleged to have been stolen affects both the severity of…
Can two soldiers be charged with conspiracy even if the underlying crime was never actually carried out?
Conspiracy under the UCMJ does not require that the underlying criminal objective was achieved. The…
If I deleted messages during an active investigation, does that automatically constitute an obstruction charge?
Deleting messages during an active military investigation creates legal exposure that is separate from whatever…
Can a soldier be charged with larceny for taking government property that was scheduled to be discarded?
The element of intent is central to any larceny prosecution under the UCMJ. When the…
Is a second positive urinalysis automatically elevated to a distribution charge rather than simple use?
A second positive urinalysis does not automatically transform a use case into a distribution case.…
What happens to two soldiers from the same unit who both test positive at the same urinalysis?
When two service members from the same unit test positive in a single urinalysis batch,…
Can a legitimately prescribed medication cause a false positive that the military must treat as a valid defense?
Certain prescription medications produce metabolites that appear in drug testing results in ways that resemble…
If I tested positive for THC in a state where marijuana is legal, does that have any bearing under UCMJ?
The legal status of marijuana under state law is irrelevant to a UCMJ prosecution. Service…
My positive urinalysis result came back weeks after collection. Does the delay affect its admissibility?
Urine samples collected during military drug testing are subject to strict storage and handling protocols…
Can I challenge the chain of custody of a urine sample in a military drug prosecution?
Military drug testing operates through a chain of custody system designed to ensure that the…
How does a domestic violence allegation affect my security clearance from the moment it is reported?
A domestic violence allegation creates a dual threat for a service member with a security…
If my spouse recants the accusation entirely, will the military still move forward with prosecution?
Domestic violence prosecutions in the military do not require the participation or approval of the…
Does a domestic violence conviction under Article 128b trigger a lifetime federal firearms ban under the Lautenberg Amendment?
The Lautenberg Amendment to the Gun Control Act creates a federal firearms prohibition that applies…
A Military Protective Order was issued before any formal investigation began. Is that legally permissible?
A Military Protective Order issued before a formal investigation has concluded is a command action…
Can the defense challenge the alleged age of the victim as part of an Article 120b defense strategy?
Article 120b requires the government to prove the age of the alleged victim as an…
Does an Article 120b conviction require sex offender registration after discharge from service?
A conviction under Article 120b carries consequences that extend far beyond the military justice system.…
If the alleged victim is a minor and a military dependent, who has jurisdiction, the military or civilian prosecutors?
When the alleged victim of a sexual offense is both a minor and a military…
Can a soldier’s prior civilian criminal record be introduced as evidence against them at court-martial?
The question of what the government can introduce about an accused's past at court-martial is…
Can a soldier be convicted of Article 120 based solely on the accuser’s testimony, and does the military apply a lower evidentiary standard than civilian courts?
The beyond a reasonable doubt standard applies in military courts just as it does in…