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What is a General Court-Martial?

A general court-martial refers to the highest level of the military trial court. The court is established to try service members for their most serious crimes. The punishment authority under the general court-martial is limited by the severest authorized punishment for every offense committed under the Manual for Courts-Martial laws and jurisdictions.

Generally, a general court-martial usually houses a panel of not less than five members and a qualified military judge.  However, the court sometimes consists of the accused and the judge only, especially when the accused requests to be tried by a military judge alone.  Also, general–enlisted court-martial members are also eligible to request that the panel be made of at least one-third of the enlisted individuals. Working with a qualified UCMJ defense attorney is essential to have a crystal understanding of these and more.

 General Court-Martial’s Ultimate Guide

 A general court-martial is known chiefly as a felony court. It works to try anyone subject to the Uniform Code of Military Justice {UCMJ} which is the bedrock of all the military courts and laws. The Uniform Code of Military Justice is a federal law enacted by Congress under law articles 77 through chapter 134 of the Uniform Code of Military Justice. These articles are called the punitive articles and deal with unique offenses separately held and punished by the court-martial. Therefore, the general court-martial is a felony court established to try individuals subject to the Uniform Code of Military Justice, including enlisted members, midshipmen, and officers.

Moreover, under the general court-martial laws and regulations, accused individuals have the right to be presented by free military lawyers or hire their civilian attorneys. According to the military courts’ rules, a general court-martial is allowed only to deliver punishment not prohibited by the Uniform Code of Military Justice. Some of the penalties include death under serious offenses, and death is expressly authorized.

Under the punitive articles of the general court-martial following the Uniform Code of Military Justice, different articles state and deal with varying offenses for the service members. Article 86, for instance, deals with Absence  Without Leave or commonly abbreviated as AWOL. In contrast, article 104 holds service members guilty of offenses about aiding the enemy. Article 112 deals with drinking on duty, while 133 and 134 deal with conduct unbecoming an officer and gentleman and debt and dishonorably failing to pay, respectively.

According to the general court-martial laws, the president or the commander in chief must implement the Uniform Code of Military Justice provisions. The president implements an executive order customarily referred to as the Manual for Courts-Martial or MCM reviewed every year. During the implementation, chapter four of the manual includes and expands on the punitive articles used to serve service members for their grave crimes under the general court-martial. Also, members with court-martial convening authority can mete out appropriate punishments that fall between maximum and minimum measures following the article used during trial and hearing of the case of the accused to determine if they are guilty.


There you have it. If you’re a service member and wonder what the general court-martial entails, this guide is an excellent consideration.  In the court, service members face different punishments such as confinement, reprimands, loss of allowances and reduction to the lowest enlisted pay grade, and more.

The Definition of Disability Used by the Social Security Administration

The SSA regulations and law defines disability as the instability to handle any substantial and gainful activity because of any medically determinable status. It can be physical or mental impairment expected to result in the victim’s death or expected to last for a continuous period of 12 months and above.

To qualify for Social Security disability benefits or fight for yours when the SSA determines that you’re not eligible or when they say your benefits should stop is seamless when working with qualified social security disability lawyers. According to the disability evaluation and qualification for benefits under the Social Security Administration laws and regulations, the program is divided into sections to determine and define disability easily.  The categorization comes into subsections comprising of:

General Information– This is usually the program description section. According to this section, the Social Security Administration employs or administers two programs working to offer benefits based on the disability status in question. First, the program deals with the Social Security insurance program, which is entitled section two of the Social Security Act, and secondly, the Supplemental Security Income {SSI} entitled section sixteen of the act.

Section two provides payment of disability benefits to disabled people who are insured under the act following the virtue of their contributions to the Social Security trust fund through the amount of their Social Security taxes on their earnings and specifically disabled dependents of insured individuals. On the other hand, section sixteen provides payment to disabled people, including children under 18, and limited resources and income.

The Definition of Disability Per Every Section of the Program

For all people applying for disability benefits under section two of the Social Security disability benefits program and adults applying under section sixteen of the program, disability is defined the same. Based on these two sections, disability is defined as the inability to engage and handle any substantial and gainful activity because of any medically determinable condition. The said condition, in this case, disability, can be a physical or mental impairment that is expected to lead to the death of the victim or permanently last for a continuous period of about 12 months and above.

Also, under section sixteen of the program, disability in children is defined differently from adults. According to this section, a child under 18 years is considered disabled if they have a medically determinable condition which is also mental or physical, or a combination of both. The same is linked to the understanding that until the state is expected to cause death to the victim or last for about 12 months and more for it to be genuinely accepted as a disability condition that qualifies for compensation under the SSA program. Still, once disability statuses are defined, SSA regulations don’t settle to start paying disability benefits until other terms are defined, such as medically determinable disability. A medically determinable disability or impairment is a disability that results from psychological, physiological, and anatomical abnormalities that are medically acceptable based on clinical and laboratory diagnoses.


As you can imagine, the definition of disability according to the Social Security Administration is far much different from the typical definition of disability. As such, the best way to understand everything there is about disability and know whether you qualify for disability benefits is by working with qualified social security disability lawyers. 

Can I Get A DUI If I Wasn’t Over The Legal Limit?

DUI charges can be a real pain. More often than not, we find ourselves in situations where we are tempted to drive even though we are intoxicated. ‘DUI’ refers to driving under the influence. Usually, one is charged with a DUI when the police catch them driving under the influence. It is considered a serious offense nowadays due to the possible ramifications of driving under the influence. DUI is a major cause of road accidents. Alcohol tends to make people overconfident, and they usually do not hesitate to jump behind the wheel in an intoxicated state. It can not only put your own life in harm’s way but also the lives of others. However, we are all humans, and sometimes, we do make mistakes. Fighting DUI charges can be a draining process. Moreover, the seriousness of DUI charges can vary from city to city or state to state. For instance, fighting DUI charges in Seattle will be a completely different experience from fighting the same in Washington DC. The consequences of a DUI charge vary according to the laws in that particular state and the context of the charge.


Consequences of a DUI charge


A DUI charge that sticks can have short-term consequences as well as long-term consequences. Short-term consequences involve suspension of driving license, community service, mandatory participation in DUI awareness programs, and even short periods of jail time. However, a DUI charge can also have serious long-term consequences that can ruin lives. To begin with, if you do get jail time, it will go on your permanent record and will show up in background checks. Your work can take a backseat due to all the hassles involved in fighting a DUI charge. Jail time, community service, court dates, etc. can have quite a negative effect on your employment status. It may also become a cause for your employer to give you the pink slip. Thus, it is better than a DUI charge, which is to be avoided at all costs. If you’re already stuck with one, it’s best to lawyer up quickly and face it head-on.


Can I get a DUI if I wasn’t over the legal limit?


The spirit of law regarding DUI guidelines revolves around a single purpose – to prevent accidents due to people driving while not in a condition to drive. Even if you’re under the legal BAC limit, you can be charged and face the consequences such as community service, jail time, or fines. It all depends on whether the legal system deems you to be impaired or not. If the officers who stop you argue in court that your behavior was characteristic of someone under the influence, and you were not fit to drive at that particular time, DUI charges can stick. However, the chances of police officers arresting you even if you’re well under the legal limit are low. Yet, that does not mean it cannot happen.


To avoid being stuck with a DUI charge, it is better that you opt for ignition interlock devices that prevent the engine from igniting if you do not pass the breathalyzer test. If you decide to get drunk, it’s better to have a friend or family member pick you up, or book an Uber. It’s better to not take a chance.

How To Recognize When You Need A Parenting Plan?

Separation or divorce can be an emotionally draining period. The process gets even more complex when you have kids. A parenting plan is a legal child custody agreement that includes a detailed plan about the upbringing of a minor child. It also helps the parents to understand their responsibilities better and ensures that the child doesn’t have to bear the consequences of the divorce. It is a mutually agreed decision but can be one-sided if one parent is unfit to take care of the child. Creating a parenting plan will not only be beneficial for your child but will also prevent unwanted clashes between the separated couple. Parents who get divorce with each other on mutual terms may not require a parenting plan. If you are unsure of what steps to take next, take advice by Whitney S. Boan, P.A. can be very helpful. Here are some of the reasons why you need a parenting plan. 


You Can Make Decisions That Are Best For Your Child


Staying away from your child can be stressful, and having a parenting plan will give you much-needed assurance that your child is in safe hands. A parenting plan will ensure that your child’s needs are properly taken care of. It is a child custody plan that states with whom the child will live primarily, who will make decisions regarding the child’s life, a definitive schedule for visiting the other parent, and other important issues.


You Can Make Healthy Discussions


It is necessary for a child to be able to spend time with both parents. A comprehensive parenting plan will ensure that you both get adequate time to take care of your child. Whether it is deciding on how much time the kid spends with each parent or deciding on an annual vacation, having a parenting plan will be helpful in all these instances. A parenting plan will also include how your child will transition from house to house, what happens if they are sick, how you and your former partner will make important decisions for the kid and how the child will communicate with the other parent with whom they’re not living. 


You Can Stay Assured About The Safety Of Your Child


A parenting plan will also include what happens if either parent becomes unfit to take care of the child. Not following a parenting plan which is acquitted by the law can result in a fine or punishment. This will ensure that your child stays safe. 


Why Choose by Whitney S. Boan, P.A.?


Whitney S. Boan is a dedicated and experienced lawyer who has expertise in various legal procedures. She understands her client’s needs to map down a suitable plan and represent the case in court with the best strategies. She understands the dynamics and complexities of divorce and child custody cases and offers advice on what’s best for you and your child’s welfare. If you need help in parenting matters or developing a parenting plan we can offer you the best assistance.

How Can a U.S. Citizen Help their Foreign Spouse Become an American Citizen?

As an American citizen, you have the capability to help your spouse become an American citizen in a few different ways. By taking the time to understand what options are available to you, you can figure out which approach you want to take in order to bring your spouse into the country for good. Today the two best options available to a United States citizen looking to bring a foreign spouse into the country legally are the IR1 and CR1 visas. 


How Do the IR1 and CR1 Visas Work?

Both of these immigration visas perform the same job. They allow a foreign spouse to become a permanent citizen of the United States by way of marriage. They work a bit differently from one another, and there are different considerations that must be made depending on the visa you use. Fortunately, you do not have to decide between the two visas, the circumstances surrounding your marriage will do the deciding for you. 


What is the Difference Between the IR1 and CR1 Visas?

The major difference between these two visas is that a spouse that uses the IR1 visa in order to obtain citizenship will have to prove they did not marry their spouse just to become a legal citizen. With a CR1 visa, this step can be skipped over. 


The IR1 visa is necessary if you and your spouse have been together for less than two years. This visa grants the foreign spouse the right to legally live in the country for two years. During that time, the spouse must prove that they aren’t marrying just to obtain citizenship. A CR1 visa is available to a foreign spouse that has been married to a U.S. citizen for longer than two years. This visa makes it possible to become a U.S. citizen very soon after moving to America. There is also no mandate to prove that the marriage was solely for obtaining a Green Card. 


Why it’s Advisable to Work with an Immigration Lawyer When Bringing a Spouse to the US

Even though it seems like a straightforward process to help your spouse become a U.S. citizen legally, all the steps must be completed precisely in order to have success. There’s plenty of paperwork to be done, fees to be paid, and in some instances meetings that must be had in order for a foreign spouse to become a U.S. citizen. Without a Lawyer for immigration in Las Vegas it will be more difficult to make it through the process successfully. A good attorney can explain the steps and give you the tools you need to effectively help your spouse become a U.S. citizen. 


Whether you plan on using the IR1 visa or the CR1 visa, you should consider working with an attorney to help you successfully use these programs for the benefit of your spouse. With help from an attorney, you’ll have a clear outline of steps to follow and you’ll have access to guidance if you are confronted by an unexpected issue. 

If I have a living trust in Utah, do I still need to execute a will?

A trust is used to refer to an arrangement between two people. The first person, also known as the trustee, owns a legal property and wishes to transfer or share the property with a second party known as the beneficiary. Hence, when you make a trust while you’re alive, it is known as a living trust. The opposite is the one made with your will when you die. It is pertinent to note that a living trust can be modified before the trustee’s death. It can’t replace a will but can be an effective estate planning arrangement. In some instances, the type of trust is known as a family type. You can get in touch with estate planning lawyers in Farmington for seamless and efficient trust processing. 


Typically, you need a living trust in the state as it helps your loved one avoid the costs and time-consuming effects of probate court settings when you die. But the need for trust in Utah is debatable, especially when you have small properties. This is because the state uses a general probate rule that eases the whole process. Hence, having trust might be more trouble than you expect. The probate process’s worry will be lessened if your property’s worth is less than a hundred thousand dollars.


Usually, having a trust does not imply being free from writing a will. Writing one is best as it will serve as a second plan for properties that do not fall under the trust. For instance, if you buy a new car that didn’t make it into your trust before you die, the car won’t be transferred based on the trust’s terms. Hence, a will can save you if you name a person to get the properties that don’t exist in your trust. In the absence of a will, your closest family member will be given any property that doesn’t exist in the trust or any other method. 


The state’s succession rulings supersede if you do not have a will despite owning a living trust. Hence, the property might end up with who you never intended. It is pertinent to note that putting all your properties under the trust is not advisable despite having the probability of saving your loved ones the cost of probate proceedings. This is because minor properties like gadgets and tools are not usually included in a living trust. Hence, the will is their place. You can write a will at a person’s death time to include certain properties in some situations. 


If you have kids below eighteen years, you must have a will. This is because you can appoint a preferred guardian for them. Most trusts might only appoint someone to manage some properties for your minor. This person is not allowed to make some decisions on behalf of the children, such as their health and education. Hence, you need to have a will with the guardian’s name spelled out. Lastly, you might prefer someone to be your assistant when you die and be in charge of your affairs. You can put this in your will and be guaranteed peace of mind.

The Person That Hit Me Doesn’t Have Insurance: What Can I Do?

No one looks forward to being involved in a car accident, but you will be comfortable if you know the other motorist’s insurance firm might compensate you. Yet, what if the driver who hit you doesn’t have car insurance? Or what if you were hit by someone who can’t be identified?

In both situations, things can become more challenging, and that’s why you need to talk to Angell Law Firm discussing auto accident cases. Not only will you have peace of mind, but you will have more time to do other things as a professional injury attorney does all the work. Here are some things you need to do should you find yourself in a similar situation. 

What You Need to Do Immediately After an Uninsured Driver Hit You

It doesn’t matter how the car accident occurred with the uninsured motorist or what you intend to do. The first step will be getting evidence ASAP. The best thing about the process is that you can start immediately after the accident. 

Here are six things you need to do to have a strong case against the driver who hit you. 

After the Car Accident, Contact the Police 

In Georgia, you need to report the accident to law enforcement offices should you have injuries or the damage worth over $500. This applies to most car accidents. After the accident has happened, call the police and tell them you were involved in a car accident. 

There are instances where the other motorist may attempt to persuade you not to call the police or say they will cover the damages. It is common, especially when you are dealing with uninsured drivers. Why? Because they know they will be in serious trouble once you report the accident. Still, you need to put your needs first if you don’t want to lose your legal rights. Ensure you report the accident if you’re going to get the compensation you deserve. 

Capture Photos

If you believe the other driver doesn’t have insurance or is nervous or acting weird—you may have to take photos, videos, and the car. If the individual chooses to leave the scene in a hurry, you will have photo evidence. 

Share Crucial Information with Law Enforcement Officers

When the police arrive at the accident scene, you will have to give out personal information. So, it would be best if you had the information ready. You can exchange the information with the other driver. Having the info ready after a car accident will ensure that you are protected if the offender tries to evade responsibility. 


Reach Out to Your Car Insurance Company

After a car accident, you should report the case to your insurance firm, especially if the other party doesn’t have insurance. You will understand what your insurance will cover. 

Call an Experienced Car Accident Lawyer

If you have severe injuries that your car insurance doesn’t cover, you need to speak to a professional car accident attorney to weigh your options. You don’t have to pay for the errors of someone else’s negligence—even if the individual lacks insurance.

Seek Medical Attention

Ensure you visit a medical officer as soon as possible to get your injuries treated. It is crucial as you will have a record of obtaining medical treatment to show the insurance firm. Also, you will get treated early and prevent injuries from becoming worse. 

The Top 5 Indicators That You Have a Strong Personal Injury Case

If you’ve been involved in an accident, your finances, health, and the ability to do things will be adversely affected. In some situations, people will sustain injuries on their own while other cases will be caused due to the negligence of another party. 

If someone else is to blame, you should reach out to experienced personal injury lawyers in Chicago. A professional injury lawyer will help you collect and gather crucial evidence, present your claim to insurance firms, and take the case to court if required. However, if you file an injury claim without substantial evidence, you will waste time and money. Most lawyers will represent you if they believe you have a strong case. 

If several attorneys have doubts about your case, you may not have a strong case. Here are five indicators that will show that your claim is worth pursuing. 

  1. The Offender Can Pay the Settlement

If you’ve sustained injuries because of someone who isn’t insured, it can be challenging to get compensated. Still, if the offender is insured, it is an indication that you might pursue the injury claim and get a fair settlement. In most situations, both parties will have to cater for their legal expenses. It doesn’t make sense of filing an injury claim against someone unable to pay damages. In the end, you will pay your medical bills and legal fees. 

  1. You Sustained Injuries Because of Negligence of the Other Party

Whether you sustained injuries because of a car accident or a similar incident, it is crucial to know who’s at fault before working with a personal injury attorney. If the injuries were caused by negligence on your part, you likely might not get compensation. Still, several states have relative laws that will assist you in understanding negligence laws. The payment will be determined by how negligence the offender was and what role you played in the accident.

  1. There is Evidence

If you want to have a strong injury claim, you must start collecting and gathering evidence once you’ve sustained injuries. If the case is well documented, it will be easier for the injury lawyer to represent you and get you a fair settlement. Moreover, keeping medical bills records and lost wages can make the case strong. If you have evidence and the right documents, make sure you speak to an experienced injury lawyer. 

  1. Deal with Damages Because of a Direct Breach 

The primary objective of pursuing an injury claim is to get compensation. The victims may recover damages that will help when they get back to doing their daily activities. There are punitive damages which act as a form of punishment to prevent misconduct later. If you didn’t sustain injuries, you might not be able to pursue the injury claim. 

  1. Injuries are Severe

After you’ve known who was at fault for the accident, you will need to evaluate the injuries before pursuing a personal injury claim. Some situations won’t be determined fast. It can take a long time for you to know your case value. Several personal injury lawyers will want to give you time to recover before pursuing the injury claim. If you’ve recovered, they will know what to do. Being patient will ensure you have information on how severe the injuries are and get a fair settlement.