Knight Law was founded by Lieutenant Colonel Nana Knight who served on active duty in the Air Force as a JAG officer. She continues to proudly serve in the California Air National Guard. She understands what it means to be a servicemember and has dedicated her law firm to fighting on behalf of those who serve in all the branches of the military.
The military and the civilian legal systems are not the same. The law and procedure in state and military courts are substantively different. Because of these differences, most military and civilian lawyers cannot defend you simultaneously in both systems. You may be facing a military administrative action for a civilian offense that you are also charged with in civilian courts. With Knight Law on your side, you can “fire on both fronts” and build an effective defense in both your civilian and military cases. This is where practical experience in both the military and civilian (state and federal) systems matters and with Knight Law, you get both.
More than just experience, Nana Knight has been recognized and won awards during her military legal career for her ability to represent and empower her clients in the toughest situations. She has been featured in media as a former prosecutor. She uses her extensive trial experience as a former prosecutor and extensive JAG experience, including her thorough knowledge of the UCMJ, military and DoD regulations, to help her clients defend against complex issues, ranging from investigations to Board of Corrections issues to courts-martial. Trained by the United States Air Force, she fights aggressively on behalf of her clients with tenacity, fearless determination, and perseverance to get her clients the best outcome possible.
If you are being investigated for a military/UCMJ offense, have been charged with a crime, or are facing adverse administrative action or an Article 15, you have come to the right place. Nana Knight can effectively communicate with military personnel because she
speaks the lingo, knows the culture and understands how commanders think and made decisions about adverse actions. She has credibility in military courts because she has prosecuted courts-martial. At Knight Law, we know the military, we know military law, and we’re ready to relentlessly fight for you to get you the best outcome possible in your case.
Cases We Handle
Courts-Martial/UCMJ Defense
At Knight, Law we aggressively investigate, advise, and defend you against any misconduct. We are standing by to assist you – whether you are facing a court-martial or civilian criminal charges, whether the alleged misconduct occurred on or off duty. We are committed to defending you against any allegation of wrongdoing that may impact your military career and your military benefits.
At Knight Law, we are committed to adding value to people’s lives. If we don’t think we can add value to your court-martial case, we will recommend an attorney who we trust who can help you or give you more information. We will never pressure you into hiring us for your case if that does not benefit you.
Separation Boards
If you are a servicemember being recommended for an involuntary administrative discharge, your military career and benefits are on the line. Frequently, the reason for this type of action is alleged misconduct. Unlike a court-martial, the military rules of evidence do not apply in an administrative separation hearing and you do not have as many due process rights as you would have in a court-martial. Additionally, the government only needs to prove the allegation of misconduct based on the preponderance of the evidence standard, which is a much lower standard than the proof beyond a reasonable doubt standard that applies in criminal cases. Typically, the panel of members presiding at an administrative board must decide if there is a basis for separation. The board also decides if a separation is warranted, and if so, the type of service characterization that should be given to your separation. The service characterization determination considers your overall record and the facts and circumstances underlying the alleged offense.
If you are an officer facing involuntary discharge, you are also entitled to a board and higher levels of scrutiny and review. You may be facing forfeiture of benefits and it is imperative you understand your rights and exercise your rights to protect yourself. It is critical to contact an experienced attorney right away if you are facing administrative discharge. At Knight Law, we are ready to aggressively fight for you, empower you with knowledge and help you make great decisions about your case.
Adverse/Administrative Actions
Adverse administrative actions are administered in cases involving allegations of misconduct. They come in many forms, including as records of individual counseling, letters of counseling, admonishment, reprimand, a general officer memorandum of reprimand (GOMOR), re-assignment, denial of re-enlistment, creation of unfavorable information files or control rosters. All these actions have the potential to adversely affect your military career and your pay and benefits. For officers, a letter of reprimand may even prevent a promotion to the next rank and result in involuntary separation. The servicemember is usually served with a letter notifying him or her of the proposed action and advising of the right to submit matters for consideration. A letter of counseling may be given to anyone for any misconduct. If you receive a notice of counseling or reprimand, it is imperative that you act fast – the right attorney can make a difference in your case. Contact Knight Law for aggressive, effective representation.
Investigations
If you are under investigation for a criminal offense or are the subject of a commander’s inquiry or administrative investigation, your every action and statement may be under strict scrutiny. Some investigators may automatically assume the charges or allegations against you are true and will focus their efforts on substantiating the charges or allegations against you. This is especially true in cases involving allegations of sexual assault or sexual harassment. You are in a very vulnerable position because so much is on the line, including your future and career in the military. Many servicemembers make the mistake of providing a statement to an investigator without consulting with an experienced attorney first. Because of this, many servicemembers end up incriminating themselves unwittingly because they think they are just providing their side of the story to “clear their name.” If you are pulled in for an interrogation, questioning, or receive a notice for an interview, it is critical that you consult with a highly experienced attorney first. The outcome of your investigation, and ultimately the case against you, may depend on how effective your lawyer is. Get help now by contacting Knight Law.
Board of Corrections Issues
The military branches have established boards of correction that consider and decide appeals for all types of administrative military adverse actions. These actions include denials of re-enlistment, performance reports, demotions, promotion denials, date of rank corrections, request to set aside written counselings, admonishments, reprimands, Article 15s, administrative discharges/separations.
If you are appealing an adverse administrative action to a military board of correction, Nana Knight will aggressively defend and advocate on your behalf. A seasoned trial attorney and a fierce advocate of your rights, she will prepare a compelling appeal package and make a personal appearance on your behalf, if necessary, to get you the best possible result in your case.
Nana Knight is a civilian criminal defense attorney and former active-duty military lawyer (JAG officer) who is passionate about the rights of active duty and reservist military members who are stationed around the world and facing UCMJ actions, discipline, appeals, adverse actions, board hearings, and investigations.
Flying Evaluation Boards
Aviators in the military may be subject to an administrative board to determine whether they should lose their aviation qualification. In the Air Force and Army, this is referred to as a Flying Evaluation Board (FEB). Some of the reasons for an FEB include misconduct, loss of confidence, substance abuse, health issues, or failure to maintain qualifications. The process is very similar to a Board of Inquiry for officers. It is critical to consult an experienced attorney to help you navigate through this process to ensure you understand your rights and make the best decision in your case. Contact Nana Knight for a free case evaluation if you are facing an FEB.
Medical Evaluation Boards
During military service, some military members unfortunately suffer an illness or injury, which makes them physically unfit for continued military duty. A service member is considered unfit for duty when they are unable to perform the duties based on their rank and duty position. In a fitness for duty consideration, the ability of a member to deploy is part of that consideration.
The process for fitness for duty determination generally begins with a Medical Evaluation Board (MEB). The MEB is charged with preparing a report which documents the service member’s medical history and current physical status. The MEB also recommends potential duty limitations and lists potential medical condition(s) that interfere significantly with the member’s ability to carry out the duties of the member’s rank. This decision process is generally referred to determining whether the member meets “retention criteria” to remain in the service. The service member has the right to respond to the report of the medical board. If the MEB determines that there is a significant medical issue with a service member’s ability to perform their duty, then the case is referred to an Informal Physical Evaluation Board (IPEB).
At the IPEB level, the Board will make the initial determination regarding fitness for duty. The member has the option of appealing the determination and requesting a hearing. The initial determination by IPEB is not binding on the Formal Physical Evaluation Board (FPEB). It is possible to have a less favorable decision at the FPEB level than the decision previously rendered by IPEB. It is critical to know how the entire process works before making a decision to appeal the determination of the IPEB. If it is determined that a service member is unfit for duty, then a decision must be made as to whether the injury or illness is service-connected.
Potential disability ratings are calculated at 10% increments from 0% to 100%. Following the evaluation and rating, the member may be medically separated and may receive a separation payout calculated based on the member’s base pay. Some servicemembers may be placed on temporary disability retired list (TDRL) while others may be placed on the permanent disability retired list (PDRL). Generally, members on TDRL receive not less than 50% of their base pay, while members placed on PDRL are retired from the military at the specified disability rating. As part of their retirement, members of the PDRL also receive a specified percentage of their base pay from the military.
If you are going through an MEB or a fitness for duty determination, you need a strong advocate on your side to help you navigate through these very complex regulations. At Knight Law, we are standing by to assist you. Contact us for a free consultation today.
USERRA
At Knight Law, we know what it means to serve. Nana Knight, the founding attorney, is an active-duty veteran who continues to serve as a Lieutenant Colonel in the California Air National Guard. Because of her background, she has a unique understanding of the challenges that servicemembers face when they dedicate their lives to serving our country. She has made it her mission to provide top-notch representation of servicemembers facing legal challenges.
Servicemembers with civilian careers are sometimes called to active duty to serve and defend our country. Unfortunately, some servicemembers suffer employment discrimination from their civilian employers because of their military obligations. Some servicemembers come home from deployment to discover they no longer have a job or have been denied the employment benefits they could have earned had they not been ordered to deploy.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects servicemembers who are called to active duty by prohibiting employers from discriminating against them because of military service. The statute also provides protections regarding reemployment with a civilian employer at the end of military service. Lastly, USERRA prohibits retaliation against those who seek to enforce their rights under the statute.
USERRA protects members in the Armed Forces, members of the Army and Air National Guard (including full-time duty, active duty for training and inactive duty training), members of the Commissioned Corps of the Public Health Services, and other categories of service personnel designated by the President during time of war or during national emergencies. Private employers, the state and federal government, including local government must all comply with USERRA. USERRA applies to all employers, regardless of the number of employees.
If you leave your civilian job to perform qualified military service, USERRA generally requires your employer to rehire you upon return from military duty. There are, however, some important steps you must take prior to leaving your civilian job. When you leave to perform military service, you must give your employer advance notice of your service obligation, unless you are unable to do so based on military necessity. This is normally done by sending your employer a copy of your military orders and an explanation of what is happening with your military duty. Generally, the period of service, which includes all prior absences for uniformed service, must not exceed five years. At the conclusion of your military obligation, you must submit an application for reemployment. Depending on the circumstances, you may have to give notice immediately upon your return within a statutorily designated time period. In some cases of service-connected illness or injury, the required notice period could be extended to two years or longer. In general, if these procedural requirements are satisfied, the returning service member is entitled to the job they would have held had their employment been continuous and not been interrupted due to military duty.
A significant number of employees in the private sector are employed at will, which means that they can be fired at any time for any reason other than an unlawful one (i.e. disability discrimination) or for no reason at all. However, USERRA provides some protection against at will terminations.
If you believe your USERRA rights have been violated, you may file a complaint with the United States Department of Labor – Veterans Employment and Training Service (VETS). VETS will analyze your complaint, determine if a violation of USERRA has occurred. VETS may negotiate a resolution of the situation with the employer. However, if it is unable to negotiate a resolution, VETS will inform the service member of the right to initiate a legal action against the employer, with or without an attorney.
If a federal employee decides to pursue the matter further, this involves filing an appeal with the Merit Systems Protection Board. For private employees, the remedy is a lawsuit in United States District Court.
There is no statute of limitations for a USERRA claim at this time. However, it is important to act fast and not delay filing. A delay can adversely impact your case. For example, in the case of a servicemember who has lost their job, a judge may not be willing to require a company to reinstate the servicemember if they waited to file a complaint and if the employer can persuade the judge that the delay is prejudicial to the employer.
The remedies under USERRA include an order to the employer to reinstate your employment, compensate you for loss of wages, potentially pay double the amount of lost wages and benefits, award attorney’s fees and costs associated with the lawsuit.
At Knight Law, we have seen a fair number of cases where hard-working servicemembers are discriminated by their employers for performing their military obligations. Each case is different, and it is important that you contact us so we can fully understand your unique situation and advise you accordingly. With Knight Law on your side, you are in good hands.
