Military Jurisdiction
When does Military jurisdiction apply?
On-post conduct, off-post and/or off-duty conduct, and special assignments, TDY & Attached Orders
What can be the implication of a conviction in civilian court?
Years of service can be wiped out, lifetime retirement benefit could be lost, VA disability could be lost, and there could be implications for Federal employment eligibility.
How many offenses are categorical disqualifires?
Two offenses
What is the "Invisible Sentence"?
Duty to advise? After Padilla v. Kentucky (2010), counsel has an affirmative duty to investigate and advise on collateral consequences
When does branch matter?
At the back end.
What are some initial client interview questions that should be posed?
•Are you currently on active duty, reserve, or National Guard?
•What is your branch of service and current rank?
•How many total years of service do you have?
•Do you hold a security clearance? What level?
•Have you reported this arrest to your command?
Never.
You should never negotiate a civilian plea without a comprehensive military consequence analysis.
What the 6 key things to determine as a defense counsel for a military member?
1. Are they a member or were they a member of the military?
2. Get in touch with a military defense counsel as early as possible?
3. It only takes one conviction for the military member to lose his retirement benefits.
4. Civilian plea deals no matter how innocent can and will have military consequences.
5. The manner in which the member was discharged controls everything (benefits, employment, firearms rights, immigration).
6. It is counsel's duty to advise of the collateral military consequences.