Court-martial representation presents the greatest threat to our clients - their liberty. Russell Shinn takes this threat very seriously and prepares accordingly, spending countless hours analyzing every defense, every angle of attack and ensuring that we, as a team, are ready for anything the prosecution can throw our way.
- General Court-Martial – analogous to felony trials in the civilian world, these are serious cases where the client may face life imprisonment or even death.
- Special Court-Martial – similar to misdemeanor civilian trials with a maximum of up to one year of jail; however, the possible bad conduct discharge is a sentence that affects employment possibilities for the rest of your life.
- Summary Courts-Martial – often referred to as “Super NJP,” these are still nothing to be laughed at. You can spend up to 30 days in jail and be reduced to E-1 if you are an E-4 or below. These are effectively career-killers.
It costs you nothing to have a free initial consultation with Mr. Shinn. Contact The Law Office of Russell Shinn with your questions, comments or concerns.
Boards of Inquiry
Boards of Inquiry are adverse proceedings where, unlike courts-martial, the rules of evidence and procedure don't apply. You need an experienced attorney to protect your career, your retirement, and your future employment opportunities.
The purpose of a Board of Inquiry, or also known as a Show Cause Hearing, is to determine if there is evidence of misconduct and if the officer should remain in the service. If you have not reached 20 years of military service, this means you may be facing an Other Than Honorable characterization of service, a General under Honorable Conditions, or an Honorable discharge. The If your retirement is vested, the Board may recommend a reduction in rank to the last rank you served honorably. The Board can also recommend Retention. Speaking with an experienced military attorney, like Russell Shinn, before electing any of your rights at a Board of Inquiry is strongly recommended.
Enlisted Administrative Separation Boards
We all want to leave the service with our heads held high... administrative separation boards (or AdSeps) are the military's way of separating or firing service members who fail to meet standards. If you are notified of a pending AdSep board, you have rights.
An administrative separation board is the process required when the command desires to separate an enlisted service member when the enlisted member has either more than six years of total combined (reserve and active) service or when the command wishes the member receive an Other than Honorable characterization of service.
In most scenarios, an administrative separation board comes after the servicemember has already received a prior action that has been filed in one’s official record, whether in the form of nonjudicial punishment (known in some services as Article 15, NJP, Captain’s Mast, or Office Hours), from an officially-filed letter of reprimand, or from a negative evaluation (fitness report or NCOER). The administrative separation board consists of three members that hear evidence to decide if misconduct occurred, and if misconduct occurred (by a preponderance of evidence, or 51% or greater), they decide whether the servicemember should be permitted to stay in service. If the administrative separation board recommends separation, the board must also make a recommendation as to what the characterization should be, i.e. Honorable, General, Under Honorable Conditions or Other Than Honorable. The decision then goes to the Separation Authority (usually the first General Officer in your chain of command) for the final decision on both separation and characterization.
Contact The Law Office of Russell Shinn, LLC with your questions, comments or concerns.
Cadet Misconduct & Honor Board Allegations
You worked hard to get to the Academy... unfortunately, now you have to fight to stay there. Allegations of misconduct and honor violations are serious business. Russell Shinn knows how to fight and win.
Cadet administrative misconduct and honor boards are unlike any other process in the military justice system. You need someone who is experienced and understand this process so you can achieve the result you want. While no attorney, even one as good as Mr. Shinn, can guarantee you a particular outcome, past clients who have since graduated and commissioned from institutions like the US Air Force Academy say things like “I couldn’t have done it without you!” and “You are a lifesaver!”
Frequently, cadets will think that they can do it on their own because they have nothing to hide or that the truth will come out; however, this is often not the case. As soon as an allegation arises, contact an experienced military attorney like Russell Shinn and hit the ground running.
Colorado Felony & Misdemeanor Charges
Criminal charges by the State of Colorado are serious, life-altering situations. Regardless if it's DUI or felony manslaughter, you need an experienced attorney who is a tough litigator. You have rights under both State and Federal law - know how to use them to your advantage!
A criminal conviction can result in fines, jail (either locally or in the Department of Corrections), and a criminal record that follows you for the rest of your life, impacting your ability to get a job and find a good place to live. You cannot afford to leave the outcome of your trial up to luck or chance; you need to work with an experienced, tough defense counsel who can make the strongest possible case and help you move forward with your life.
Federal Felony & Misdemeanor Charges
When facing indictments and investigations by the Federal government, it is imperative that you have someone on your side who is willing to do battle for you.
Federal charges are not the same as state charges. It is important that you find a criminal defense attorney who is skilled and experienced with federal law, the federal sentencing guidelines and the rules of federal court. I maintained a TOP SECRET security clearance, and have experience dealing with cases involving sensitive matters such as national security, even terrorism cases.