Army Officer Cleared of Pornography Charges

Our client was a 20-year officer in the U.S. Army Reserve. While working in his civilian capacity as a government contractor, he was charged with the possession of pornography on a government computer system. He was summarily fired from his contractor job and his Army Reserve command initiated administrative discharge proceedings against him. He hired JAG Defense to represent him at his Board of Inquiry. At his Board, we were able to demonstrate that the alleged misconduct occurred only in his civilian position, not when he was serving as a member of the Army Reserve. In addition, we showed that the "pornography" was really the sharing of Facebook "memes" with his wife, who was deployed at the time. While some of these "memes" were fairly explicit, we argued that they did not rise to the level of "pornography." Result: The Board of Inquiry voted 3-0 that our client had NOT possessed pornography as a member of the Army Reserve and RETAINED him in the Army.

Marine Avoids Lengthy Confinement Time and Sex Offender Registration

A Lance Corporal in the U.S. Marine Corps was initially charged with eight (8) specifications of child pornography possession, distribution, and viewing. Later, the USMC charged him with five (5) specifications of Sexual Abuse of a Child and one (1) specification of Attempted Sexual Abuse of a Child. All together, the charges against our client carried the possibility of almost 200 years of confinement. At the Article 32 hearing, our cross-examination of the NCIS agent demonstrated the weakness of the government's case on the child pornography charges. Using that as leverage, we negotiated a plea agreement with the government where our client accepted responsibility for Abusive Sexual Contact with a minor (for sending sexually explicit texts and emails). In exchange, the government agreed to Withdraw and Dismiss With Prejudice all remaining charges against our client. He was sentenced to "time served" and released from confinement that day. While he did receive a punitive discharge, he will not have register as a sex offender in his home state.

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.

Charges Dismissed After Cross-Examination of Customs Agents

Air Force E-3 was charged with the possession of child pornography on his computer. At his Article 32 hearing, our aggressive cross-examination of the OSI and Customs Agents demonstrated that both agencies engaged in an illegal search rather than a legal “inspection” as the government claimed. Result: The charges against our client were WITHDRAWN AND DISMISSED WITH PREJUDICE.

Navy E-4 Charged with Statutory Rape, Avoids Sex Offender Registration and Jail Time

Navy E-4 engaged in a 9-month sexual relationship with a 14-year old girl. This relationship included the girl taking numerous nude pictures of herself and sending them to our client, which constituted the possession of child pornography. Our client was charged with carnal knowledge, possession of child pornography, and sodomy with/on a child under the age of 16, and was facing the possibility of 50 years confinement and Dishonorable Discharge. Using evidence we developed through cross-examination of the witnesses at our client's Article 32 hearing, we were able to convince the chain of command to handle our client's case administratively, rather than at a General Court-Martial. Result: Our client did not serve a single day in jail, will not have a criminal record, will not receive a punitive discharge from the Navy, and will not have to register as a sex offender.

Charges Dismissed in Army E-4 Child Pornography Case

Army E-4 was charged with possession of child pornography and was facing the possibility of 10 years confinement, a dishonorable discharge, and a sex offender registration. At his Article 32 hearing, our knowledgeable cross-examination of the government’s forensic computer expert highlighted the government’s inability to prove that our client ever viewed the files of child pornography that were found on his computer. As a result, the government WITHDREW AND DISMISSED the charge against our client.