Military defense attorney Archives

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

Posted on April 17, 2025 by Becky Haugen

Colorado’s SB25-279: What Service Members Need to Know About This Pending Military Justice Bill

If you’re a service member living or training in Colorado, there’s a bill being reviewed right now that you should know about. It’s called Senate Bill 25-279, or SB25-279, and while it hasn’t been signed into law yet, it’s making its way through the Colorado Legislature.

So, what’s it about?

This bill would change how Colorado handles military justice for its National Guard and other state military forces. Right now, if a civilian district attorney decides not to press felony charges against a service member, that might be the end of it, at least on the civilian side. But under SB25-279, the state’s military leadership could still take action. That means you could face a court-martial through the state military system, even if the local DA says “no thanks” to filing charges.

That’s a big deal.

Even though this bill wouldn’t change federal law, it would bring Colorado’s state military code in line with the federal Uniform Code of Military Justice (UCMJ). The idea is to give Colorado’s military forces more tools to handle offenses internally. It would also expand what commanding officers in the state can do when it comes to punishment and discipline.

But let’s be clear: this isn’t law yet. It’s still a pending bill, and the Governor hasn’t signed anything. Until then, it’s just something lawmakers are debating. But if it does pass, it will start affecting military members on September 1, 2025 unless it’s challenged by voters in a future election.

So, who does this apply to?

If you’re in the Colorado National Guard or another state military force, and you’re not on federal active duty orders (like Title 10), this bill would apply to you. It doesn’t matter if your home of record is in another state. If you’re serving in Colorado under state orders, then Colorado’s rules are the ones you need to follow.

And if you’re thinking, “Well, I’m on state duty, but I didn’t know I could be court-martialed by the state?” this is exactly why service members need to stay informed. Legal rules can shift fast, and what you thought only applied to the federal side might now apply at the state level too.

At The Law Offices of David P. Sheldon, PLLC, we represent service members across the country in both federal and military legal matters. While we’re not based in Colorado, we’re committed to helping military members stay up to date on new laws and policies like SB25-279 that could seriously impact your rights and career.

If you’re serving in Colorado and you’re unsure how this could affect you or if you’re facing legal concerns already it’s a good idea to speak with a military defense attorney who understands both the federal and state systems.

While it is important to follow the military rules and regional laws, it is also important to understand how the laws apply differently in regional justice and military systems. SB-279 is one example of how the state is looking to update their states military judicial systems as it applies to service members in their state.

About Us:
The Law Offices of David P. Sheldon, PLLC is a Washington, DC-based law firm that practices military and federal law nationwide. We provide legal defense and representation to service members in courts-martial, administrative hearings, and federal litigation. Our mission is to defend the rights of those who serve, wherever they serve.

Disclaimer: This content is for informational purposes only. It is not legal advice and does not form an attorney-client relationship.

Law Offices of David P. Sheldon Secures Disability and Retirement Benefits in Medical Evaluation Board Determination

Posted on March 31, 2025April 1, 2025 by Becky Haugen

Washington, DC — April 1, 2025 — The Law Offices of David P. Sheldon announces a successful challenge to a Medical Evaluation Board (MEB) determination on behalf of a Commissioned Corps Officer. Following submission of an Officer Response Form requesting a Full & Fair Hearing with the Medical Appeals Board, the USPHS found the officer unfit for duty, not due to his misconduct, but due to his service-connected disability. This allows him to earn his rightfully owned retirement benefits and corresponding VA benefits.

“When military service results in a disability, which prevents a service-member from finishing their career, they are entitled to compensation for that disability and to the retirement benefits they have rightfully earned,” said Senior Military Defense Attorney Annie Morgan. “We’re proud to have secured this fitness‑for‑duty determination, ensuring our client will have the resources – both financial and medical – to properly treat his service-connected disability moving forward.”

Law Offices of David P. Sheldon
202-546-9575
militarydefense.com

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon, headquartered in Washington, D.C., is a nationally recognized firm specializing in military and federal employment law. With decades of combined experience, the firm advocates for servicemembers, veterans, and federal employees facing administrative injustices, ensuring their rights are protected and their records accurately reflect their service. Known for its commitment to integrity, personalized client service, and tenacious representation, the firm has successfully secured corrections of military records, restoration of benefits, and vindication of career reputations.

Disclaimer:
The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Individuals facing legal or administrative challenges should consult with a qualified attorney who is experienced in military and Federal law to receive guidance tailored to their specific circumstances.

Department of Defense Policy on Transgender Service Members

Posted on February 27, 2025March 25, 2025 by Becky Haugen

Department of Defense Policy on Transgender Service Members

The recently issued Department of Defense (DoD) memorandum dated February 26, 2025, which effectively reverses prior policies allowing transgender individuals to serve openly in the military, raises significant legal and constitutional concerns. The stated rationale for this new policy—asserting that a history of gender dysphoria or related medical treatments is incompatible with military service—appears to be a broad and categorical exclusion rather than an individualized assessment of fitness for duty.

As legal advocates for military service members, veterans, and those facing adverse administrative actions, the Law Offices of David P. Sheldon strongly opposes policies that impose blanket bans on service members based on characteristics unrelated to individual merit, performance, and capability. The U.S. District Court has previously expressed skepticism toward similar policies, noting that they amount to “total discrimination,” rather than a justifiable regulation tied to military readiness or operational effectiveness.

The Constitution, particularly the Equal Protection Clause of the Fifth Amendment, prohibits the government from engaging in arbitrary discrimination. A policy that broadly excludes individuals with gender dysphoria from service—without consideration of their actual abilities, medical history, or demonstrated service performance—risks violating fundamental constitutional protections. Federal courts have previously struck down similar categorical exclusions for lacking a sufficient rational basis, particularly when they serve primarily to target a politically vulnerable group rather than advancing legitimate governmental interests.

Furthermore, the policy’s immediate effect on transgender service members raises serious concerns about due process and the fairness of administrative separations. Service members who were previously allowed to serve openly and receive necessary medical care now face potential involuntary discharge or denial of medical treatment, despite their proven dedication and fitness for service. These actions could also conflict with existing military regulations that require individualized medical assessments and due process protections for those facing administrative separation.

In practical terms, this policy threatens to undermine military readiness rather than enhance it. The DoD has invested significant resources in training and integrating transgender service members under prior policies. Removing qualified individuals from service without cause unrelated to performance or conduct disregards the military’s stated mission of maintaining a highly capable and diverse fighting force.

The Law Offices of David P. Sheldon stands ready to challenge this policy through all available legal avenues, advocating for service members who are unjustly targeted under its provisions. We urge Congress, the courts, and military leadership to recognize that discrimination—under any pretext—undermines both national security and the core principles of fairness and equality that define our armed forces.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is a premier military law firm based in Washington, D.C., dedicated to defending the rights of service members, veterans, and federal employees. With extensive experience in military administrative and criminal defense, our firm represents clients in courts-martial, discharge upgrades, security clearance cases, and other military-related legal matters. We are committed to upholding justice and ensuring fair treatment for those who serve our nation.

To consult with the experienced Washington, DC based Military Attorneys at the Law Offices of David P Sheldon, PLLC contact our office at (202) 546-9575 or visit www.militarydefense.com, or request a consultation.

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces

Posted on February 24, 2025March 25, 2025 by Becky Haugen

Annie Morgan to Present Oral Argument Before the Court of Appeals for the Armed Forces in SrA Bryce Roan’s Case

Washington, D.C. – On Wednesday, February 26, 2025 Senior Trial and Appellate Attorney Annie Morgan of the Law Offices of David P. Sheldon, PLLC, will present oral argument before the Court of Appeals for the Armed Forces (CAAF) in the case of Senior Airman (SrA) Bryce Roan. The argument will focus on the government’s failure to disclose exculpatory evidence, violating SrA Roan’s constitutional and statutory rights to a fair trial under Brady v. Maryland and Rule for Courts-Martial 701.

SrA Roan was convicted of wrongful use of cocaine following a positive urinalysis during a unit-wide drug sweep. However, critical evidence indicating the possibility of a false positive due to a pre-workout supplement was withheld by military prosecutors. This evidence was later disclosed in a separate but related court-martial, where Roan’s roommate was acquitted of the same offense. Despite clear indications of gross negligence by investigators—including the destruction of key investigative records—the government proceeded with Roan’s prosecution without full disclosure of exculpatory evidence.

CAAF granted review on the following issues:

Whether the lower court erred in finding that the withheld evidence was immaterial, thereby violating the principles established in Brady v. Maryland.
Whether the government’s failure to disclose evidence violated SrA Roan’s rights under Rule for Courts-Martial 701.

“The failure to disclose exculpatory evidence is an affront to every service member’s right to a fair trial,” said Annie Morgan, who will argue the case on behalf of SrA Roan. “This case is about more than one Airman—it is about ensuring integrity in military justice. We will not stop fighting until justice prevails.”

The Law Offices of David P. Sheldon, PLLC, a nationally recognized military law firm based in Washington, D.C., continues to champion the rights of service members in complex court-martial cases and appeals.

For more information, please contact:

Law Offices of David P. Sheldon, PLLC
100 M St SE, Suite 600
Washington, DC 20003
www.militarydefense.com

Disclaimer:

The information provided in this press release is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.

Annie Morgan on Military Justice & Women in the Armed Forces – Dog Tag Diaries Podcast

Posted on February 12, 2025February 19, 2025 by Becky Haugen

Guest Appearance by Annie Morgan on the Dog Tag Diaries Podcast to Discuss Military Justice and Defending High Value Detainees at Guantanamo Bay

Washington, D.C. – February 12, 2025 – The Dog Tags Podcast, hosted by Captain Kim and Captain Dakota, features a powerful new episode with special guest Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. Known for her fierce advocacy for service members and extensive work in military justice, Morgan shares her insights on legal challenges within the military, her experiences representing detainees at Guantanamo Bay, and the ongoing push for military justice.

Dog Tag Diaries, hosted by Captain Kim and Captain Dakota, has become a trusted platform for sharing authentic stories of experiences in the military—particularly those highlighting the voices and experiences of women in service. This episode adds another meaningful conversation to their growing library of compelling content.

Episode Highlights Include:

Annie Morgan’s work as military attorney for detainees at Guantanamo Bay
Defending military members and her commitment to justice for the military community
The importance improving conditions for women in the armed forces
Her own experiences of being part of the military community from childhood to now a Senior Military Attorney for the Law Offices of David P. Sheldon

Where to Listen:
The Dog Tag Diaries Podcast is available on Dog Tag Diaries. Don’t miss this episode featuring Annie Morgan and other inspiring voices from women in the military community. “Join Captain Kim as she explores Annie’s experiences defending airmen and navigating the intricacies of criminal justice.”

Military Defense Attorneys: Protecting Your Rank, Benefits, and Justice

Posted on January 28, 2025March 25, 2025 by Becky Haugen

Defending the Rights of Military Professionals: Protecting Your Rank, Benefits, and Justice

The brave men and women who serve in our military dedicate their lives to protecting the freedoms we enjoy every day. In return, it is only fair that they receive the protections they deserve when it comes to their careers, benefits, and justice. However, recent changes in policies and executive orders can create confusion, uncertainty, and in some cases, threats to these essential rights.

Military professionals, whether enlisted or civilian, need reliable resources and expert legal representation to ensure their rights are upheld, their careers are protected, and their futures are secure. This is where the Law Offices of David P. Sheldon step in, providing responsible and experienced legal advocacy for uniformed and non-uniformed professionals alike.

Your Rights and Why They Matter

Military members face unique challenges compared to their civilian counterparts. From the Uniform Code of Military Justice (UCMJ) to complex administrative processes, military professionals are subject to a distinct set of laws and regulations. These include:

– Rights to Due Process: Whether facing administrative separation, court-martial, or adverse personnel actions, you are entitled to fair process and the opportunity to defend yourself.

– Protection of Rank and Benefits: Years of service translate to earned benefits, retirement pay, and rank. Losing these due to unjust actions or lack of representation can have devastating consequences for your future.

– Employment Protections: Non-uniformed professionals, such as defense contractors and civilian employees of the Department of Defense (DoD), also face challenges, including employment disputes, security clearance issues, and discrimination claims.

Recent policy shifts such as reinstating service members previously discharged for refusing COVID-19 vaccinations and changes to diversity and inclusion initiatives may introduce legal complexities, impacting service members employment, benefits, or assignments.

Legal Challenges Facing Military Professionals

Military service comes with its own set of potential legal hurdles:

– Administrative Discharges: Service members facing separation from the military may lose critical benefits such as healthcare, GI Bill eligibility, and retirement pay.

– Court-Martial Proceedings: Criminal allegations under the UCMJ require experienced legal defense to ensure justice is served and careers are not unjustly ruined.

– Security Clearance Revocations: Losing a security clearance can effectively end a career for many military and non-uniformed professionals working in sensitive roles.

– Discrimination or Retaliation: Policies, biases, or personal disputes may lead to discriminatory actions or retaliation against service members or civilian employees, threatening their careers.

How the Law Offices of David P. Sheldon Can Help

The Law Offices of David P. Sheldon have been a steadfast advocate for military professionals for over two decades. Their deep understanding of military law and dedication to protecting service members’ rights make them a trusted partner for those navigating complex legal challenges. Here’s what sets them apart:

– Expertise in Military Law: From defending service members in court-martial cases to advocating for civilian DoD employees, the firm has unparalleled experience in military justice matters.

– Protecting Your Benefits: They understand the importance of preserving rank, retirement benefits, and healthcare, and they fight tirelessly to safeguard these essential resources.

– Comprehensive Representation: Whether you’re uniformed or non-uniformed, active duty, Reserve, National Guard, or a civilian contractor, their team provides tailored legal representation for your unique circumstances.

– Commitment to Justice: The firm believes in holding the system accountable to ensure fairness, transparency, and respect for your rights.

Why You Deserve Representation

In the face of changing policies and potential legal challenges, protecting your career and benefits requires more than just hope, it requires action. Navigating military justice and employment law without experienced representation can be overwhelming and costly.

The Law Offices of David P. Sheldon stand ready to defend your rights and ensure that your years of service and dedication to the mission are respected and protected. They offer representation for a wide range of cases, including:

– Court-martial defense

– Discharge upgrades

– Security clearance challenges

– Employment disputes

– Discrimination claims

Taking the First Step

If you or someone you know is facing a legal challenge in the military or as a DoD civilian, don’t wait until it’s too late. Reach out to experienced professionals who understand the intricacies of military law and will fight for your rights, benefits, and justice.

Contact the Law Offices of David P. Sheldon today to schedule a consultation and take the first step toward protecting what you’ve earned through your dedicated service. Your career, your benefits, and your future are worth fighting for and with the right legal representation, you can ensure they are safeguarded.

For more information on how the Law Offices of David P. Sheldon can assist you, visit their website: MilitaryDefense.com or call 202-546-9575 for a consultation.

Disclaimer: