Pre-Trial Detention in Federal Criminal Prosecution
The procedures and standards governing pretrial detention in federal court were modified substantially in 1984 with the Bail Reform Act of 1984 (18 U.S.C. § 3142). The modification was made to give courts adequate authority to make pre-trial decisions that consider the dangers of an individual’s release in lieu of…
Military Spouse Benefits After Divorce
What military divorce entitlements belong to a former military spouse? This is one of the most common questions we receive from spouses of military members that are facing military divorce in Oklahoma. Former military spouses are entitled to a number of military benefits, if they have been married for a…
Military Justice Article 32 Hearing Standard Procedure and Script
Overview of Article 32 Hearing In order for military charges and specifications to be be referred to trial by General Court-Martial, the case and evidence must be considered by a Preliminary Hearing Officer in an Article 32 Preliminary Hearing prior to referral to the General Court-Martial. Uniform Code of Military…
Right to Counsel: Do I Have the Right to an Attorney, if I am Testifying before a Federal Grand Jury?
The short answer is no, you do not have the right to counsel, if you are testifying before a federal grand jury. The right to counsel comes from the Sixth Amendment and is guaranteed to every person; however, that right only applies in criminal proceedings. The right to counsel in…
Failure to Report for Duty in the Military
Failing to report for duty can carry serious consequences in the military, in fact, desertion during armed conflict can carry the ultimate punishment. It is highly important that if you are a member of the armed forces and you are required to be somewhere designated by the military that you…
Military Justice Article 32 Preliminary Hearing: Military Criminal Defense
Overview of Article 32 Hearing Article 32 hearings are conducted by a preliminary hearing officer, Judge Advocate, that is responsible for considering all the evidence presented by the parties during the Article 32 hearing and evaluating that evidence compared to the charges and specifications preferred (brought) against the accused in…
Military Spousal Benefits in Oklahoma
What Benefits are Available After Divorcing my Military Spouse? When a couple goes through a divorce, each spouse may be entitled to certain benefits that the other receives. This is because the non-divorcing spouse may have relied on the divorcing-spouse’s work or benefits for what they thought would be a…
Federal DUI or DWI: What are they and What Court handles Federal DUI Cases
Not many people think of a DUI or DWI offense as a federal crime; however, crimes that are typically handled by state and municipal criminal court, such as DUIs can be handled in federal court as well. The primary way that a federal criminal charge can result from a DUI…