Military Members are Required to get the Covid Vaccine. Are Medical or Religious Exemptions Granted?

Military Members are Required to get the Covid Vaccine. Are Medical or Religious Exemptions Granted?

by | Jul 26, 2022 | Mandatory Covid Vaccines, Military Discharge, Military Justice, Military Separation Hearings, OTH Administrative Discharge

The Defense Department has made it clear for some time that all service members must be fully vaccinated again Covid-19, and this includes all reserve component members.

Unless there was an approved exemption, the consequences of non-compliance can be severe, including prosecution under Articles 90 and 92 of the Uniform Code of Military Justice (UCMJ) and discharge. Has there been a process for requesting an exemption on medical or religious grounds?

How likely was it that those requests were granted? Steve and Patty Shewmaker discuss.

You are a Military Service Member that had a Positive Drug Test. What Should You Do?

You are a Military Service Member that had a Positive Drug Test. What Should You Do?

by | Jun 23, 2021 | Drug Testing - Urinalysis, Military Justice

Military service members are tested twice yearly for drug use. The test is typically a urinalysis and you’ll be screened for marijuana, cocaine, amphetamines and opiates. In some cases you may also be screened for other drugs like barbiturates, LSD, or even steroids. The effect on the service members career can be devastating and include military separation or court martial. What should you do if you come up positive on a test? What if you feel you have been falsely accused? Should you accept the offer of a free trial defense or retain private counsel? Steve and Patty Shewmaker with the Law Firm Shewmaker & Shewmaker answer these questions and many more in this video.

ROTC and Service Academy Disenrollment Procedures and Due Process

ROTC and Service Academy Disenrollment Procedures and Due Process

by | Jun 7, 2021 | Military Justice, Military Separation Hearings, ROTC, ROTC Disenrollment Hearings, Title IX

What is an ROTC and Service Academy Disenrollment? When a contracted Cadet commits a violation or acts in a manner unbecoming of a future officer, the university can initiate a formal disenrollment. Each service has internal regulations on how to conduct these hearings. An ROTC Disenrollment Hearing is quite different from a typical trial as is the role of the Cadet’s lawyer. There is some due process and the Cadet is allowed to present a defense and they are allowed notice of evidence that will be used against them. The Cadet has to represent themselves but their attorney has a very important role. Steve Shewmaker and Alexa Lewis of Shewmaker and Shewmaker discuss ROTC and Service Academy disenrollment hearings in this video. What does due process look like in these hearings and how can the attorney best serve their client?

I’m a Military Service Member. Local Authorities Have Dropped My Legal Case. Am I in the Clear?

I’m a Military Service Member. Local Authorities Have Dropped My Legal Case. Am I in the Clear?

by | Mar 30, 2021 | Double Jeopardy, General Court Martial, Jurisdiction, Military Justice, Special Court Martials

If you’re a military service member that got into legal trouble but had local authorities decide not to prosecute you are in the clear, right? Wrong. Individuals can be prosecuted by State District Attorneys, Federal Law Enforcement and the Military. Federal and State cases are geographically based while Military cases are status based for active duty personnel. Steve Shewmaker and Alexa Lewis discuss the matter in this video.

I’ve Been Convicted of a Crime in Civilian Court. Can the Military Prosecute me for the Same Crime?

I’ve Been Convicted of a Crime in Civilian Court. Can the Military Prosecute me for the Same Crime?

by | Jun 19, 2020 | Double Jeopardy, General Court Martial, Jurisdiction, Military Justice, Special Court Martials

Members of the military often believe they cannot be prosecuted in both the military courts and civilian courts. Most have heard of the concept of double jeopardy. However, civilian criminal law and the UCMJ are similar but different. In this article we discuss double jeopardy, civilian courts and the UCMJ.

Over the years we’ve had several clients call us and say they’ve been convicted of a crime in civilian court and that the military wants to prosecute then for the exact same thing. isn’t that double jeopardy? That’s a great question. You see this often in domestic violence cases and yes, the military can prosecute. The reason for this is called dual sovereignty and the Supreme Court had a case about this recently. It ruled that if federal law enforcement misses on a case the states can then pick it up. The same is true with the military and the UCMJ. If the case falls in a different area geographically and jurisdictionally then the military can pick it up.

That doesn’t sound fair, and some of the military branches including the Air Force have policies in place that prevent a military prosecutor from coming after you for the same thing you’re facing state charges for unless they get permission from the T-Jag of that particular branch.

However, policies are not law. Whether cases are accepted are not often depend on the seriousness of the offense and whether or not the military prosecutor believes the conviction was too light, whether or not they believe they could “do better,” whether or not they just want to “stack” it, and occasionally it comes down to the just not liking the military member.

The bottom line? Often military prosecutors can prosecute a crime that was tried in civilian courts. As a matter of policy they must get permission from the civilian court and if they ask they will usually get it. If you are in fact being prosecuted by the military for the same exact charges you’re being prosecuted for in the state call us at Shewmaker and Shewmaker. We can provide you with valuable information that you may not be aware of.