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This blog is maintained by The Law Office of Eric Roper, P.A., and is devoted to current legal issues in the fields of criminal defense, military law, and maritime transportation.-
Recent Posts
- Drug sniffing dogs and the Fourth Amendment
- Gideon v. Wainwright and the Right to Counsel
- Miranda warnings vs. Article 31(b), UCMJ rights: What’s the difference?
- Florida 1st District Court of Appeals reverses conviction and sentence for felony drug trafficking
- When is a false statement “official” under the Uniform Code of Military Justice?
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Category Archives: Military Law
Miranda warnings vs. Article 31(b), UCMJ rights: What’s the difference?
Criminal defense attorneys are often asked by clients whether charges against them can be dismissed because law enforcement officers did not advise them of their rights before arresting them. Using a recent Federal case as an example, the purpose of … Continue reading
Posted in Criminal Defense, Military Law
Tagged due process, Fifth Amendment, Miranda
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When is a false statement “official” under the Uniform Code of Military Justice?
Article 107 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to knowingly make a false official statement with the intent to deceive. In representing someone charged with this offense, a military defense … Continue reading
Posted in Criminal Defense, Military Law
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Security Clearance Revocation Hearings
If you are employed by the Federal government, as a military member, a civilian employee, or a government contractor, you are likely required to possess some level of a security clearance. Today, virtually all Federal government positions are required to … Continue reading
Synthetic Marijuana (aka Spice)
Manufacturers of synthetic marijuana (widely referred to as “Spice”) have responded to recent state and Federal laws criminalizing the use and possession of the herb by slightly altering the chemical compounds involved in the manufacturing process to avoid using the … Continue reading
Posted in Criminal Defense, Military Law
Tagged AdSep, Court-Martial, drug offenses, NJP
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UPDATE: Spice allegations in the military
The military continues to target and prosecute service members under the Uniform Code of Military Justice (UCMJ) who are accused of using or selling Spice, a type of synthetic marijuana. The continued emphasis on this type of prosecution in the … Continue reading
Urine Matters: Military drug testing and when its too late for a “take back”
Consider the following hypothetical case. You are home watching TV when you hear a knock at the front door. Answering the door, you find a uniformed police officer who asks if he may come inside and take a look around … Continue reading
The Right to Refuse Non-Judicial Punishment under the U.C.M.J.
Article 15 of the Uniform Code of Military Justice (UCMJ) provides the authority for a Commanding Officer to impose non-judicial punishment (NJP). Subject to some limitations, individuals facing NJP have the right to refuse NJP and to consult with a … Continue reading
Military Consequences of Civil or Criminal State Court Actions: What You Don’t Know Can Hurt You
If you are in the military and find yourself in state court, either as a party to a civil case such as a divorce or as a defendant in a criminal case, your lawyer should know what effect the state … Continue reading
Divorce in the Military
Search the phrase “military divorce” and the old Google-machine will spit back over 3 million hits. Despite an increased focus by the military on providing marital and family support services, including counseling, child care, and stress management courses, about 3.5% … Continue reading
Repeal of DADT: What it means for discharged servicemembers?
In 1996, one of my first cases as a military defense lawyer was representing a young sailor who was being processed for a discharge from the Navy because of her sexual orientation. My client was being separated under a three-year … Continue reading