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Military Law

Practice Areas
Examples of Crimes in the Military
Installations and Ships We Serve

Attorney Profile

The Leading Authority on Courts-Martial and Administrative Separations Serving Central and Southern California, Arizona, and Nevada

Military courts-martial and military administrative separation boards are unique. They are NOT "just like a trial in a civilian courtroom or an administrative hearing in a civilian forum." It takes a unique blend of military and civilian experience to truly understand the opportunities and challenges posed by each. Stephen T. Morgan's experience as a military prosecutor and defense attorney coupled with his experience as a civilian defense attorney in Chicago and Los Angeles is a potent mix that will help you navigate your way to a successful outcome whether you are facing a court-martial or administrative separation board.

Practice Areas

Courts-Martial

In the military, all violations of the Uniform Code of Military Justice that are deemed sufficiently serious are referred to a special or general court-martial.  At a special court-martial you can receive a conviction for the equivalent of a felony but may not receive a sentence of more than one year in jail.  At a general court-martial, on the other hand, you can receive a sentence ranging from 1 day to life.  Whether you are facing a special or general court-martial, you need someone familiar with the unique challenges and opportunities the military justice system presents.  Having defended and prosecuted in military courtrooms in multiple states and Iraq, you can rest assured your case will be in good hands.

Enlisted Administrative Separation Boards

Although not a “criminal action”, enlisted administrative separation boards can almost be more disastarous because it can result in the loss of your career.  At an enlisted administrative separation board, the government has wide latitude to admit evidence inadmissible at a court-martial.  You need an experienced advocate familiar with the unique forum to vigorously represent your interests.  In addition to simply “winning” at a separation board, it is also possible craft “deals” – for example, suspended separations, which are akin to probation in the criminal justice system.

Officer Elimination Boards (Show-Cause Boards)

Again, officer elimination boards are not criminal in nature, but certainly are as serious because it can result in the loss of your career as an officer in your respective branch.  An experienced advocate will prepare and treat a show-cause board like a trial by calling witnesses on your behalf and effectively cross-examining witnesses.  For example, a show-cause board resulting from a positive urinalysis is capable of being fought on several fronts: chain of custody problems or testing malfunctions.  An attorney with experience actually defending show-cause boards is essential to ensuring retention in the military.

Article 15s

Many less serious (and somewhat serious) offenses are handled by Article 15.  Although an Article 15 does not result in a criminal conviction, it can have serious consequences for you in the short-term and the long-term.  In the short-term, an Article 15 can result in the loss of pay, rank, and freedom.  Depending on your rank and the type of Article 15 (company grade or field grade), your commander can actually restrict your freedom of movement for a certain number of days.  An Article 15 is a serious matter requiring the assistance of an experienced attorney who understands the military justice system and is willing to fight on your behalf to craft innovative solutions.

Grade Reduction Boards

Although not as serious as a court-martial, an Article 15, or an administrative separation board, a grade reduction board can result in the loss of your hard earned pay by reducing you in rank (and your pay commensurate with that rank).  Furthermore, a grade reduction board is often a prelude to a more serious action (for example, an administrative separation board) so it is imperative that you retain an experienced advocate to fight for your rank.  You worked hard to achieve – make sure you hire an attorney who will work as hard to help you keep it.

GOMARs

A GOMAR can be the kiss of death – stopping your career in its tracks.  Luckily, the regulations pertaining to GOMARS allow you to craft an argument in rebuttal in an effort to avoid a filing in your official fiche.  Furthermore, informal negotiating with your command is possible and is possible with the help of an advocate familiar with the military justice system.

Flight Evaluation Boards

You trained long and hard to become a pilot, do not give up the privilege without a fight.  In order to prevail at a flight evaluation board, you need someone familiar with this unique forum.  Whether you are  accused of failing a crucial test or failed to make pilot in command, an effective defense requires calling witnesses on your behalf to include experts.  Do not leave your unique ability to serve your country in the hands of just any attorney.  Make sure you hire an attorney who has actually defended pilots before flight evaluation boards and is willing to fight on your behalf.

Security Clearance Revocations

Depending on your job, a security clearance revocation can be the kiss of death.  An increasing number of jobs in the military require at least a secret clearance.   A revocation can result from a variety of factors, but the recipe for recovering your clearance is simple: experience, hard work, and research.  Hire an attorney who has actual experience with the security clearance revocation process.

Examples of Crimes in the Military

Whether you have received an Article 15 or your case was referred to a special or general court-martial, the government will draw the charges from the Uniform Code of Military Justice (UCMJ).  The UCMJ contains many offenses you might see in a civilian criminal court (rape, murder, etc.), but it also contains a number of unique offenses that routinely result in the loss of money, freedom, and your career.  The following is a list of some of the most crimes facing service members facing an Article 15 or court-martial.

• Desertion

• Absence without leave

• Missing movement

• Assault

• Espionage

• False official statements

• Possession of Child Pornography

• Wrongful use, possession, etc.

• Murder

• Sexual assault

• Robbery and larceny  

• General Article 134 offenses

Installations and Ships We Serve

Having argued in civilian courts in Chicago and Los Angeles, and military courts and administrative tribunals in Hawai’i, California, Texas, Illinois, Kentucky, and Iraq, Stephen T. Morgan now focuses on defending service members in central and southern California, Arizona and Nevada.  Whether you are on active duty or the reserves, Stephen T. Morgan is ready, willing, and able to fight on your behalf.  The following is a list of the Air Force, Army, Coast Guard, Marine, and Navy (installations and ships) we serve:

Attorney Profile

As a prosecutor and defense attorney in military and civilian courts, Mr. Morgan has tried cases in Hawai’i, California, Texas, Illinois, Kentucky, and Iraq.  His mixture of experience - prosecution and defense, civilian and military - will benefit you.

Legal Experience

Defense Counsel – Army

Trial Counsel (Prosecutor) – Army

Civilian Defense Attorney – Chicago and Los Angeles

Adjunct Professor, The John Marshall Law School in Chicago

Education

JD/MBA – University of Hawai’i

BA – Messiah College

Bar Admissions

California – Active

Hawai’i – Inactive

Illinois – Inactive

U.S. District Court for Northern District of Illinois

U.S. District Court for Central District of California

“If you are facing a court-martial, separation board, or adverse administrative action, you need someone familiar with the military justice system but with the time, resources, and determination to truly FIGHT for you. Level the playing field by putting my background as a military prosecutor and defense attorney as well as a civilian defense attorney in state and federal courts to work for you.”

– Stephen T. Morgan

Don’t make a mistake you will regret. Make sure to hire the best you can. Call us now: (310) 286-7262