Air Force O-3 Found Not Guilty After Testing Positive for Cocaine

Air Force O-3 (O-4 Select) tested positive for cocaine on a unit sweep urinalysis. During our case investigation, our client's wife admitted to using cocaine on a regular basis within the home without our client's knowledge. Despite making this fact known to our client's command well in advance of trial, his command still referred his case to a General Court-Martial, where he faced the possibility of 5 years confinement and a dismissal from the Air Force. At trial, we successfully demonstrated the realistic possibility that our client could have unknowingly ingested an amount of cocaine sufficient to produce his positive urinalysis. After only 29 minutes of deliberations, the member panel found our client NOT GUILTY of the charge against him.

Air Force E-7 Found Not Guilty of Charges of Marijuana Use

Air Force E-7 tested positive on a random urinalysis for marijuana. Compounding the situation, the government discovered that our client had lied regarding his tobacco and alcohol use over his entire career, and then attempted to use this information to portray our client as an exceedingly untruthful person. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Despite the government’s Result: The officer members found our client NOT GUILTY of the charge against him.

Air Force E-7 Found Not Guilty After Positive Urinalysis for Marijuana

Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.

Air Force O-5 Found Not Guilty of Wrongful Use of Methamphetamine

JAG Defense represented an Air Force O-5 at his court-martial for the wrongful use of methamphetamine, where he was found NOT GUILTY. Furious with the court-martial results, and citing a seldom-used provision in the AFI, our client’s chain of command then processed him for administrative separation based on the same allegation of methamphetamine use. Further, at his Board of Inquiry, the government introduced new evidence that our client had solicited a prostitute while TDY in the days leading up to his positive urinalysis test. Despite the admission of such prejudicial evidence, we were still able to convince the member panel that our client committed NO MISCONDUCT, and he will continue his Air Force career.

Air Force E-3 Retained and Sentence Reduced in Involuntary Manslaughter Court-Martial

Our client was an Air Force E-3 who was riding on his motorcycle with a friend when they were involved in a horrific crash. Regrettably, our client’s friend was killed due to injuries sustained in the accident. As a result of his death, the Air Force charged our client with Involuntary Manslaughter and referred the case to a General Court-Martial. At the court-martial, we successfully suppressed the blood-alcohol tests performed on our client on the night of the accident, resulting in a finding of NOT GUILTY on the charge of Involuntary Manslaughter. Instead, our client was convicted of only Negligent Homicide. In addition, in light of the extremely sympathetic sentencing case we presented, which included the testimony of the victim’s mother and brother in his support, our client was RETAINED at his court-martial.

Air Force E-3 Acquitted of Aggravated Assault Charge Based on Self-Defense

After a night of drinking, an Air Force E-3 stabbed another Airman. At his subsequent court-martial for Aggravated Assault and Underage Drinking, we were able to develop evidence that our client, an Airman small in stature, was under a threat of physical attack from a much larger individual who was substantially intoxicated at the time. We also presented evidence that the alleged victim had a well-known reputation for being a “violent” and “angry” drunk, and had previously assaulted our client. Result: Based upon our overwhelming evidence of self-defense, our client was ACQUITTED of Aggravated Assault. Furthermore, we were subsequently able to convince the Convening Authority in clemency to SET ASIDE our client’s conviction for Underage Drinking.

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.

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.”