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UCMJ Archives

Special UCMJ rules apply for military drug charges

Military members are held to a different standard when it comes to possessing and using illegal drugs. While there are many drugs that are illegal for civilians to possess or distribute, it is not necessarily illegal in many states for civilians to be found with those drugs in their bodies. Military members, however, can face drug charges under the Uniform Code of Military Justice, or UCMJ, for testing positive for any type of drug that alters mind, mood, body or ability to function.

Need to appeal your UCMJ case? Know the rules.

Like in the civilian criminal justice system, there is an appeals process for contesting most court-martial convictions. Like in a court-martial, a servicemember appealing a court-martial conviction will be appointed a military lawyer but may also hire a civilian defense lawyer.

Apprehension and Confinement Before Trial

Active duty members of the military have many of the same rights under the UCMJ that civilians enjoy under their state and federal constitutions. There are some differences, though, which make it important to hire an experienced military defense lawyer with knowledge about how pre-trial confinement impacts your case.

A Threatening Turn for The Rights of Accused at General Courts-Martial

As the new year dawns, it is more than appropriate to review Congress' latest tinkering with the Uniform Code of Military Justice. The latest changes to the UCMJ will create a new landscape for those facing the most serious offenses. The Article 32 hearing, long analogized to a grand jury, but with attendant rights given to an accused, will be dramatically different especially for crimes related to sexual assault.

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