Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.

Air Force E-3 Acquitted of All Charges without Testifying

Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.

JAG Defense Negotiated for Naval Officer's Multiple Charges to be Dismissed

A 22-year Naval Officer was charged with attempted murder, reckless endangerment, and destruction of property. These charges were all the result of his admitted cutting of the emergency brake cable and rear brake line on an enlisted member's car. Despite extensive pretrial investigation and negotiations, our client’s command initially refused to withdraw the attempted murder charge. Ultimately, however, we negotiated a pre-trial agreement wherein the attempted murder, reckless endangerment and destruction of property charges were WITHDRAWN and DISMISSED WITH PREJUDICE. In exchange, our client pleaded guilty to a lesser offense of aggravated assault. At the sentencing hearing, the prosecutor requested that the judge impose the maximum punishment allowed under the law – confinement for three years and a Dismissal. We presented an extensive sentencing case for our client that led to the imposition of only three (3) months of confinement, forfeitures of pay, and a reprimand. In addition, our client was not Dismissed at his court-martial and subsequently was able to RETIRE from the U.S. Navy.

Air Force E-4 Found Not Guilty of Indecent Acts with Child

Air Force E-4 was charged with possession of child pornography and indecent acts with his 4-year old stepson. After securing a favorable pre-trial agreement on the child pornography charge, our client pleaded not guilty to the indecent acts. At his court-martial, we challenged the competency of the child as a witness and objected to his testimony. After repeated attempts by the government to establish the child’s ability to testify as a witness, the military judge sustained our objection and ruled that the child was not competent to testify. Result: Our client was found NOT GUILTY of the indecent acts charge.

Negligent Homicide Charges Withdrawn and Dismissed for Air Force E-3

Air Force E-3 ran over and killed a retiree on Kadena AB and was charged with Negligent Homicide. After extensive pretrial negotiations, we convinced our client’s Commander to WITHDRAW AND DISMISS the charge. Instead, our client received only a Letter of Admonishment for “not driving carefully enough.”

Navy Sailor Received Additional Pre-trial Confinement Credit

A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client's time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.

Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a "Civilian Conviction" under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy.

Air Force E-4 Acquitted of Drug Distribution and Drug Use Charges

Air Force E-4 was charged with the distribution and use of Ecstasy. The government’s case was largely based upon the testimony of a Confidential Informant. At our client’s court-martial, our aggressive cross-examination of the Confidential Informant highlighted the various motives and opportunities he had to lie regarding our client’s alleged misconduct. At the close of the government’s case, we elected not to present any evidence at all. Result: Despite the fact that he did not testify at his court-martial, our client was ACQUITTED of all charges against him.

Navy E-5 Retained at Discharge Board for Disrespect to a Master Chief

A Navy E-5 was charged with disrespect to a Master Chief. Upon retaining our services, our client took our advice, refused Captain’s Mast and demanded a court-martial. Instead, his command initiated administrative discharge processing. At his subsequent administrative discharge board, we presented an overwhelming case in mitigation of our client’s actions. Result: Our client was RETAINED in the U.S. Navy.

Navy E-9 Retires as a Master Chief Despite Unprofessional Relationship

A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as a Master Chief.