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Can I Be Prosecuted for Failing to Follow a Military Regulation?

It is possible for a service member to be prosecuted for failing to follow a military regulation. Article 92 of the Uniform Code of Military Justice (UCMJ) provides that prosecution may be sought for:

  • Violating a lawful general order or regulation;
  • Violating another lawful order; and
  • Dereliction in the performance of the service member’s duties.

Most members of the Armed Forces strive to always follow the orders and regulations given to them by their branch of service and their commanding officers. Unfortunately, different officers and entities may issue orders that seem to conflict with one another, as well as with other existing rules and guidelines, creating confusion and uncertainty for service members.

Failure to comply with Article 92 could result in serious penalties, including years of confinement, dishonorable discharge, and the loss of pay and benefits. Not every violation of a military regulation, however, constitutes a failure to comply with Article 92, and an experienced civilian military defense attorney can help you understand your situation.

In order to be found guilty of violating a general order or regulation, a service member must be found to have had the duty to follow an existing lawful general order or regulation and failed to do so. To be found guilty of violating a lawful order issued by a superior, the same criteria must be met, but with the addition that the service member knew of the order.

A service member may be found guilty of dereliction in the performance of duties if it can be proven that:

  • The accused was assigned particular duties;
  • The accused knew or should have known about those duties; and
  • The accused was derelict in the performance of the duties, either due to willful behavior, negligence, or culpable inefficiency.

If you have been accused of violating Article 92, contact our office to get the help you need. Call 630-665-7300 for a free consultation with an Illinois military defense attorney today. We serve clients throughout Illinois including Great Lakes, Palatine, Chicago, Des Plaines and North Chicago.

What Is Article 134 of the Uniform Code of Military Justice?

Article 134 of the Uniform Code of Military Justice (UCMJ) is generally considered to be a “catch-all” provision. It allows the military to pursue charges against a service member for offenses that are not listed elsewhere in the UCMJ. If you are facing prosecution under Article 134, it is imperative to work with an experienced military defense lawyer.

The Uniform Code of Military Justice is a federal law that was enacted by Congress. The UCMJ defines and explains the military justice system and provides a listing of criminal offenses under military law. There are articles that cover desertion, dereliction of duty, insubordination, aiding the enemy, and many other military-specific offenses, as well as offenses with civilian equivalents such as drunk driving, assault, and robbery. Article 134, however, is quite different.

Under Article 134, the military has the authority to bring charges against a member of the Armed Forces for crimes that are not specifically addressed in other parts of the UCMJ. Many commanders operate under the assumption that any type of misconduct or undesirable behavior can be prosecuted under Article 134, but such is not the case. To be considered a criminal act, the behavior in question must:

  • Bring discredit upon the Armed Forces;
  • Be prejudicial to good order and discipline in the Armed Forces; or
  • Constitute a non-capital crime under other federal or state laws.

If you are facing charges under Article 134, it understandable that you might feel confused and overwhelmed. That is why it is important to work with an attorney who fully understands the UCMJ and its scope regarding the prosecution of crimes. Contact our office to get the help you need. Call 630-665-7300 for a free consultation with an experienced military defense lawyer. Our firm represents service members in Wheaton, St. Charles, DuPage County, Kane County, and throughout Illinois.

Does My Employer Have to Accommodate My Disability?

If you are disabled but you are still able to perform the essential functions of your job, your employer is required by law to make reasonable accommodations for your disability. It is generally up to you, however, to request an accommodation. Your employer is then responsible for helping to determine what type of accommodation may be necessary.

There are thousands of disabled individuals in Illinois—and many more throughout the country—who are fully capable of performing a wide variety of jobs. Sometimes, the nature of a disability means that an accommodation must be made to allow the disabled person to better carry out his or her duties. For example, a person whose disability prevents him or her from standing for a significant period of time may still be able to fulfill the duties of a cashier if the person is permitted to use a stool.

It is a violation of state and federal law for an employer to discriminate against you on the basis of your disability status, but you are responsible for requesting the necessary accommodation. Once you have made your request, it is up to your employer to work with you in what is known as the “interactive process.” During this process, your employer will inquire about your disability, gather medical documentation, and determine the accommodation that will best allow you to do your job.

If the employer can show that the accommodation would cause the company undue hardship, based on the size of the business, the costs involved, and other factors, the accommodation is no longer considered to be reasonable. An employer is not required to make an accommodation that would cause undue hardship.

If you would like guidance with requesting a reasonable accommodation or your request has been denied by your employer, contact our office. Call 630-665-7300 for a confidential consultation with an experienced workplace discrimination attorney. MKFM Law serves clients in DuPage County, Kane County, and the surrounding areas.

I Failed a Drug Test. Should I Demand a Court Martial?

If you are a service member who has failed a drug test, demanding a Court Martial will not result in the charges against you being dropped. The penalties for using illicit drugs are severe, including up to five years of confinement and a dishonorable discharge, depending on the circumstances. A skilled lawyer can help you determine your best option.

According to 112a of the Uniform Code of Military Justice (UCMJ), those who serve in our nation’s armed forces may face serious consequences for using illegal drugs. The penalties associated with using drugs are the same as those prescribed for drug possession, manufacture, and bringing drugs onto a military installation.

In many cases, military units will handle failed drug tests and suspected drug abuse situations through what is known as a “non-judicial punishment” (NJP), also called an “Article 15” proceeding. Article 15 of the UCMJ gives unit commanders the authority to handle relatively minor offenses that do not require a full Court Martial. An alleged offender has the right, however, to request a full Court Martial if he or she believes that it is worth the risk of increased punishment.

During a Court Martial for alleged drug use, the government only needs to show that the alleged offender tested positive for illegal drugs and the chain of custody of the sample was not broken. With such a burden of proof, it is usually not advisable for a service member to demand a Court Martial when faced with allegations of drug use, but there may be exceptions.

If you are a member of the armed forces and you are facing an Article 15 proceeding for a failed drug test, contact our office. Call 630-665-7300 to schedule a free, confidential consultation with an experienced civilian military defense attorney today. We serve military members in North Chicago, Glenview, Lake County, Wheaton, Warrenville, St. Charles, Elgin, DuPage County, Kane County, and throughout Illinois.

What Is a “Protected Class” as It Relates to Employment Discrimination?

There are a number of state and federal laws that are intended to prohibit and police discrimination against individuals with certain, identifiable characteristics. Those who share these characteristics are considered to be part of a “protected class” of people. Employment discrimination occurs when an employer treats a member of a protected class differently from their peers.

Protected classes have been recognized by a variety of federal laws, including the Equal Pay Act of 1963, Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the American with Disabilities Act of 1990, among many others. At the state level, the Illinois Human Rights Act established protections for additional identifiable characteristics.

According to these laws, it is illegal and a violation of the person’s rights for an employer to make adverse employment-related decisions on the basis of a person’s actual or perceived:

  • Race;
  • Color;
  • Religion;
  • National origin or place of birth;
  • Ancestry;
  • Age;
  • Sex or gender identity;
  • Sexual orientation;
  • Marital, pregnancy, or family status;
  • Order of protection status;
  • Disability;
  • Veteran status, including unfavorable discharge; or
  • Citizenship status.

Adverse employment decisions include refusing to hire, segregating, compensating, promoting, disciplining, or otherwise affecting the terms and conditions of a person’s employment.

The U.S. Equal Employment Opportunity Commission and the Illinois Human Rights Commission are responsible for ensuring that all people enjoy the benefits of equal opportunity laws. At MKFM Law, we are committed to helping those who have experienced discrimination of any kind in the workplace. If you have been discriminated against on the basis of a protected characteristic, contact our office so our experienced team can help you take action. Call 630-665-7300 to discuss your case and to explore your available options. Our firm serves clients in DuPage County, Kane County, and throughout Northern Illinois.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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