Law Office of Jocelyn C Stewart

How some veterans are getting their military discharge upgraded to Full Honorable...

Attorney for Upgrading Military Discharge | How to upgrade your military discharge | Military Lawyer Military Lawyer Jocelyn Stewart ( ) describes how she helps veterans upgrade their military discharge. The process is difficult but not i...

The punishment for sexual assault in the military can be severe and varies based on the specifics of the case. Under the UCMJ, penalties can include dishonorable discharge, forfeiture of all pay and allowances, and significant imprisonment. In some cases...

Army Sexual Assault Lawyer - Law Office of Jocelyn C. Stewart Sexual assault within the ranks of the military is a grave issue that demands specialized legal intervention. In such cases, the role of an Army sexual

So can you retire with a GOMOR? Sure you can, but there are a number of impediments that stand in your way and that also potentially compromise how much you would receive at the time of your retirement.

https://www.ucmj-defender.com/can-i-retire-with-a-gomor/

Shaping The Battlefield: How To Draft Motions In Military Practice

https://www.ucmj-defender.com/stb/

- Do not openly answer questions without first getting advice from an experienced UCMJ attorney. Respectfully tell whomever is trying to question you that you want to speak to a lawyer.

– Why do I have to go to the CID office (or OSI or NCIS or Marine CID or CGIS) if I have the right to not talk to military police?

A: While every servicemember has a constitutional right to remain silent and rights under Article 31, UCMJ, it is a lawful order of your command to require you to report to the military law enforcement office conducting your investigation. In addition to normal booking procedures, such as fingerprinting and photographing, there are procedures that must be followed to read you your rights, even if your intent is to invoke them. There is a difference between being required to report to a location and being required to make statements to law enforcement.

When faced with the decision of hiring a UCMJ specialist visit www.ucmj-defender.com

Recent Case Results - In re O-3, Army – Client accused of inappropriate relationship with XO while in command; after submission of GOMOR rebuttal matters, Commanding General rescinded the GOMOR in its entirety; assisted client in special selection board when erroneous information reported to the board about the unsubstantiated GOMOR. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

Recent Case Results - U.S. v. E-3 – red to E-1 and confinement for 4 months; acquitted of child abuse x 2, dismissed charge of domestic assault consummated by a battery, guilty of adultery only. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

What Are the Consequences for R**e in the Military? - Law Office of Jocelyn C. Stewart

What Are the Consequences for R**e in the Military? - Law Office of Jocelyn C. Stewart Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide.Convi...

“Jocelyn is a wonderful attorney with the knowledge, skill, and commitment required to be the best.”
-Roy Huntsman

https://ucmj-defender.com

Today we're sharing some information that may be helpful to you if you are currently under investigation or facing accusations for military law enforcement or an administrative investigation.
https://www.ucmj-defender.com/discussing-your-matter-while-under-investigation

Shaping The Battlefield II: How To Litigate Motions In Military Practice

https://www.ucmj-defender.com/stb2/

- The irony is that a belief in truth working its way out is what causes truth to be lost.

- I got arrested for DUI off base by civilian police. My civilian lawyer is telling me that if I take a diversion or a deferred adjudication it won’t hurt me in the military. Is this true?

A: If the command is aware of the DUI arrest, that is what’s known in most branches of service as a CCIR – commanders critical information requirement. In addition to reporting the event up the chain they would be required to report the arrest to the military law enforcement (NCIS, Army CID, Air Force OSI etc.) who then runs a parallel investigation. The command must report back to the LE agency what action they took, if any. If you plead guilty (even a diversion or a deferred adjudication) the military rules recognize it as a conviction. Even the discussion to the military rule of evidence regarding impeachment by prior convictions lists deferred adjudications and diversions as qualifying convictions. The same language is in each of the service regulations and is used for an administrative separation for civilian conviction. If you have served for fewer than 6 years in service you would not be entitled to the basic due process of an administrative separation board and could be processed out of the service with a general under conditions discharge (and lose GI Bill, all veterans assistance with education benefits, and if ever later employed by a federal agency none of your time would translate as civil service retirement points) just on paperwork alone. Your only recourse facing administrative separation for the DUI would be to write a written rebuttal asking not to be separated, and those are rarely successful. With a general under honorable conditions discharge the VA will also deny care for PTSD or other service connected medical conditions. You can appeal it if he has prior honorable conditions discharges (if you served long enough to re-enlist) but those appeals require a great deal of time and money to attempt to overcome the denial.

It had been the case probably 10 or more years ago to avoid a military impact with a civilian DUI conviction, but the changes in policy and procedure since then have made that not the case.

When faced with the decision of hiring a UCMJ specialist visit www.ucmj-defender.com

Recent Case Results - In re O-4, Air Force – Client fought adverse medical credentials action and our initial response resulted in cancellation of the action altogether. All privileges intact. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

Recent Case Results - U.S. v. E-4 – original GCM charges were assault consummated by a battery upon a child (infant), assault consummated by a battery, driving while intoxicated, intentionally fleeing a peace officer, reckless endangerment, endangering a child; government withdrew and referred only two specifications to a summary court-martial. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

What is the Maximum Punishment for Sexual Assault in the Military? | Court-Martial Defender https://www.youtube.com/watch?v=tyv5lg4CQhk

"Thorough and tenacious..."

Today's PSA: Is there is no defense to disrespect of the truth?

https://www.ucmj-defender.com/psa-the-truth-is-not-a-defense/

Military Court Rules of the United States: Procedure, Citation, Professional Responsibility, Civility, and Judicial Conduct
Jocelyn Stewart (contributor)

https://www.bit.ly/MCRoftheUS

- The most important aspect of finding the truth is to dismantle the assumptions and start anew with leads, if at all possible.

- The investigation is dragging on and on. Is there anything that I can do to speed up the process?

A: The textbook answer is that a military accused does not have a right to a speedy investigation, meaning there is no official right to require the investigators to complete their investigation or for the command to make a decision about what to do, if anything, based off an investigation. The other side of this issue is that investigations tend to drag on when there is not someone actively advocating for resolution. All cases are unique.

When faced with the decision of hiring a UCMJ specialist visit www.ucmj-defender.com

Recent Case Results - In re CW02, USMC – Represented client during BOI from prior NJP that client accepted prior to our representation for inappropriate relationship with spouse of fellow service member and wrongfully ordering illicit substances online and attempting to introduce them into foreign country; board substantiated misconduct and voted to separate prior to becoming eligible for retirement. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

Recent Case Results - U.S. v. E-4 – original charges of r**e and forcible so**my were amended to assault consummated by a battery and were referred to a summary court-martial after my representation at the Article 32(b) investigation. *The Law Office Of Jocelyn C. Stewart providing exceptional court-martial defense www.ucmj-defender.com

What is the Typical Punishment for Sexual Assault in the Military? - Court-Martial Lawyer https://www.youtube.com/watch?v=8gjUdRRSr6s

“So thankful for the time I’ve had working with this talented attorney. She is one of the smartest, most driven and competitive women I’ve ever gotten to collaborate with. Hire her without hesitation knowing no other attorney can do as good of work as she can, nor will any other attorney fight for you in the way she will.”
– Sammy Duncan

www.ucmj-defender.com

CID often is heard to say that they investigate felony level crimes, but that doesn't necessarily answer the mail when it comes to the UCMJ.
https://www.ucmj-defender.com/what-sort-of-crimes-does-army-cid-investigate/

“God Was Here Today” For Military Justice

“God Was Here Today” for Military Justice | Law Office of Jocelyn C. Stewart When we walked out of the building to the sun and breeze of the pacific northwest compound my client spoke in a confident and assured voice: God was here today.