Daniel Conway | Military Attorney
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    • Military Law >
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    • Introduction
    • Article 77 Principles
    • Article 78 Accessory After the Fact
    • Article 79 Lesser Included Offenses
    • Article 80 Conspiracy
    • Article 81 Attempts
    • Article 82 Solicitation
    • Article 85 Desertion
    • Article 86 AWOL
    • Article 88 Contempt Towards Officials
    • Article 92 Failure to Obey an Order
    • Article 93 Maltreatment
    • Article 107 False Official Statement
    • Article 112a Wrongful Use of a Controlled Substance
    • Article 119 Manslaughter
    • Article 119b Child Endangerment
    • Article 121 Larceny or Wrongful Appropriation
    • Article 125 Kidnapping
    • Article 133 Conduct Unbecoming
    • Article 134 Bribery and Graft
    • Article 134 Indecent Language
    • Article 134 Obstruction of Justice
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introduction

This book is intended largely with defense counsel in mind. There are plenty of books and law review articles written by academics and for government attorneys. The authors wanted to write a book for young defense counsel that provided easy access to:-The elements of offenses;-Key areas to explore for potential defenses;-Practice pointers;-Lessons that we have learned over the years;-Potential pitfalls; and,-Important information about the offenses like lesser included offenses and maximum punishments.We wanted to create a source of information that would fit easily into a carry-on or litigation bag. Not all offenses in the Uniform Code of Justice are included. Military defense counsel often find themselves trying cases worldwide –sometimes under hostile conditions. We also wanted a resource that counsel could quickly review early in a case to orient the strategy, potential defenses, and where his or her efforts are best spent investigating and preparing for trial.Atthe time of drafting and publication, the law of sexual assaults in the military undergone near constant annual revision. The basic defenses and approaches to these cases remains unchanged. As subsequent editions are published, our work with Article 120, UCMJ will adjust accordingly. This reference is broken into subchapters for easy reference. This first subchapter for each military offense consists of the elements of the offense. It is always prudent for defense counsel to review the elements early in every consultation with a client. The elements will often guide the initial intake discussion.The second subchapter for each offense provides a discussion of the offense, when appropriate the legislative history, key points from the Manual for Courts-Martial, case law where relevant, practice pointers, and potential pitfalls for counsel. The third subchapter provides a list of the standard jury instructions from the Department of the Army bench book. This is a useful reminder for counsel to review the bench book instructions early in the case. The final two subchapters address the maximum punishments and lesser-included offenses. We have also included appendices that provide a panel voting chart and a quick reference guide to common legal issues encountered in trial. 

​Future editions will update the case law. We will provide additional discussion regarding practice pointers. We remain committed to ensuring that this work remain a valuable tool for defense practitioners in every branch.The authors have decades of experience practicing in every branch of service and nearly every installation. We have litigated cases involving most offenses in the Uniform Code of Military Justice. We have litigated courts-martial involving nearly every conflict since the Vietnam War. It has always been our experience that young military counsel often possessesa combination of intelligence, commitment to their clients, a passionfor defense work, and a strong desire to help achieve justice for their clients. Resources for defense counsel are often limited. Caseloads can be significant in some military jurisdictions. Hours are often long. This book is dedicated to those military defense lawyers in the trenches fighting for their clients interests.
Court Martial Defense
Sexual Crime Defense
Drug Crimes
Violent Crimes
Larceny & Financial Fraud
Desertion & Awol


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© COPYRIGHT 2019. ALL RIGHTS RESERVED. 
The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
  • Practice Areas
    • Correcting Military Records >
      • Evaluation Report Appeals
      • Reprimand Appeals
      • Family Advocacy Program Appeals
      • Discharge Review Boards
      • Cadet Misconduct
      • Titling Actions
      • Military Protective Orders
    • Separation Boards
    • Military Medical Malpractice Claims
    • Forms, Downloads, and Regulations
  • Military Crimes and Defenses
    • Military Law >
      • Court-martial Information >
        • Know Your Rights
        • Court-Martial Rules >
          • Pretrial Confinement
          • Unlawful Command Influence
          • Article 31 Violation
          • Military Rule of Evidence 412
          • Involuntary Statements
          • Failure to State an Offense
          • Wheeler Factors
      • Court-Martial Defense >
        • Military Sexual Assault Defense
        • Military Drug Defense >
          • Drug Detection Windows
          • Marijuana
          • Cocaine
          • Morphine and Heroin
        • Disrespect Offenses
        • Conspiracy Cases
        • False Statements >
          • Obstruction of Justice
        • Use of Force
        • Assault Cases
        • Conduct Unbecoming
      • Court-Martial Appeals >
        • Petitions for a New Trial
        • Insufficient Evidence
    • Introduction
    • Article 77 Principles
    • Article 78 Accessory After the Fact
    • Article 79 Lesser Included Offenses
    • Article 80 Conspiracy
    • Article 81 Attempts
    • Article 82 Solicitation
    • Article 85 Desertion
    • Article 86 AWOL
    • Article 88 Contempt Towards Officials
    • Article 92 Failure to Obey an Order
    • Article 93 Maltreatment
    • Article 107 False Official Statement
    • Article 112a Wrongful Use of a Controlled Substance
    • Article 119 Manslaughter
    • Article 119b Child Endangerment
    • Article 121 Larceny or Wrongful Appropriation
    • Article 125 Kidnapping
    • Article 133 Conduct Unbecoming
    • Article 134 Bribery and Graft
    • Article 134 Indecent Language
    • Article 134 Obstruction of Justice
  • Firm History
    • Films
    • Books
    • Sketches
    • My Lai
    • Abu Ghraib
    • Haditha
    • MARSOC
    • The Stryker 5
    • Gary Myers
  • Results
  • Blog