Josh Hill
PRO

Josh Hill's Legal Cases (21)

Bluffton, SC

Military law Lawyer at Bluffton, SC

Practice Areas: Military Law, Administrative Law

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Military law

Court-Martial Charges Dismissed Against Army Drill Sergeant

N/A

OUTCOME: Court-Martial Charges Dismissed

Fort Jackson, South Carolina. An Army Drill Sergeant (E-6) was charged at Special Court-Martial for allegedly assaulting and maltreating a Trainee, among other charges. After months of pretrial investi ... gation and workup, MJA successfully got the charges dismissed from Special Court-Martial in favor of nonjudicial punishment, avoiding any possibility of a criminal conviction, confinement, or punitive discharge. The Drill Sergeant was found not guilty of assault and maltreatment during his Article 15 proceeding and will continue his career on active duty.

Military law

Army Applicant Allowed to Enlist After False-Positive Urinalysis

N/A

OUTCOME: Successfully Enlisted

Virginia. An Army applicant was disqualified from enlisting after his MEPS urinalysis tested positive for drugs. MJA worked tirelessly with MEPs and the applicant’s recruiting command to prove that the ... urinalysis result was a false-positive which did not disqualify the applicant from retesting. The applicant was allowed to retest, which he passed, and later successfully completed basic training.

Military law

Marine Lance Corporal Retained on Active Duty

N/A

OUTCOME: Marine Retained on Active Duty

Marine Corps Base Camp Pendleton, California. A Marine Lance Corporal was facing involuntary administrative separation due to a pattern of misconduct. If separated, the Marine risked losing his career ... and important benefits. MJA was able to rebut the alleged reasons for separation and convince the command to retain the Marine on active duty.

Military law

Motion to Suppress Evidence Granted

N/A

OUTCOME: Evidence suppressed

U.S. Army Garrison Vicenza (Caserma Ederle), Italy. MJA filed a motion to exclude all evidence obtained from a client’s iPhone due to an unlawful search by law enforcement. The Military Judge found tha ... t CID exceeded the scope of their search authorization and did not obtain the accused’s consent to search his phone. Accordingly, the Court granted the Defense Motion to Suppress, thereby preventing the Government from introducing evidence obtained from the client’s iPhone.

Military law

Sailor Honorably Discharged After Testing Positive for Cocaine

N/A

OUTCOME: Sailor Honorably Discharged

Naval Station Norfolk, Virginia. A Petty Officer Third Class (E-4) approaching his End of Active Obligated Service tested positive for cocaine. The Sailor avoided trial by court-martial and received an ... Honorable discharge after reaching his end of enlistment.

Military law

Rape Allegation Unsubstantiated at Chapter Board

N/A

OUTCOME: Soldier Retained on Active Duty

U.S. Army Garrison Fort Bragg, North Carolina. An Army Specialist (E-4) was wrongfully accused of raping the wife of a fellow Soldier. MJA represented the Specialist at a Chapter Board during which MJA ... discredited the Government’s key witnesses and introduced evidence of the Soldier’s innocence. The Board determined the allegations were unsubstantiated and retained the Specialist in the Army.

Military law

Marine Charged with Murder Released from Pretrial Confinement

N/A

OUTCOME: Release from pretrial confinement, received back-pay and confinement credit.

Marine Corps Recruit Depot Parris Island, South Carolina. A Marine Corporal was placed in pretrial confinement for allegations of murder, manslaughter, wrongfully discharging a firearm, and violating a ... lawful general order. At arraignment, MJA filed a motion to have their client released from confinement based on defects in the initial review hearing. The Military Judge found that the Initial Review Officer had abused his discretion by keeping the Marine in pretrial confinement and ordered the Corporal’s immediate release. The Marine was later awarded administrative confinement credit for the abuse of discretion.

Military law

Veteran’s Arrest Record Deleted from FBI Database

N/A

OUTCOME: Titling Decision "Unfounded"

A former Army Captain was falsely alleged of assault-consummated by battery while on active duty and “titled” as part of a CID investigation. After his discharge from the Army, this titling decision sh ... owed up as an arrest on a background check. MJA submitted multiple written matters showing that the Captain did not commit the alleged offense. Upon review, the U.S. Army Criminal Investigation Command agreed that the allegation of simple assault-consummated by battery was “unfounded” and deleted the Captain’s NCIC entry from the FBI’s database.

Military law

Parris Island Drill Instructor Retained on Active Duty at Separation Board

N/A

OUTCOME: Retained on Active Duty

Marine Corps Recruit Depot Parris Island, South Carolina. After completing an investigation into recruit abuse, 25 charges were referred to a Special Court-Martial alleging violations of Articles 92, 1 ... 17, and 128, UCMJ. After months of negotiations and pretrial workup, MJA got the charges dismissed in lieu of a lower forum, avoiding any possibility of a criminal conviction, confinement, or punitive discharge. Not satisfied, the Command then convened an Administrative Separation Board to determine whether the Drill Instructor should be separated from the Marine Corps. MJA represented the Drill Instructor at the Board which, after hearing the evidence and argument, deliberated for less than five minutes before retaining the Marine on active duty.

Military law

Negligent Homicide Charge Dismissed, Airman Retained

N/A

OUTCOME: The Senior Airman was not punitively discharged and is eligible to finish his enlistment.

Joint Base Charleston, South Carolina. A Senior Airman (E-4) accused of negligent homicide and unlawful drug use/possession faced years of confinement and a punitive discharge. After being retained, MJ ... A successfully negotiated an agreement to withdraw and dismiss the charges of negligent homicide and drug possession, allowing the client to plead guilty to only a single charge of unlawful drug use. During sentencing, MJA persuaded the Court to award the Senior Airman confinement of only 2 months, reduction of one pay grade, and a letter of reprimand.

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