Fort Benning Court-Martial Lawyers | UCMJ Military Defense

Licensed in Georgia Former Army JAG and Senior Defense Counsel 25+ years defending service members Courts-martial defense worldwide

Reviewed by Michael Waddington, Founding Partner Updated October 14, 2026

Fort Benning Military Defense Lawyers – Army UCMJ Defense

Gonzalez & Waddington defends Army soldiers at Fort Benning when a sexual assault allegation, drug charge, larceny, assault, or misconduct finding threatens a career, a security clearance, or freedom.

Attorneys Michael Waddington and Alexandra Gonzalez-Waddington are civilian defense lawyers who challenge every charge brought against soldiers at Fort Benning, traveling there and to installations across Georgia and worldwide. CID investigates criminal allegations on post, and those investigations routinely lead to court-martial charges, Article 15 proceedings, and administrative separation actions.

Fort Benning spans more than 182,000 acres across Muscogee and Chattahoochee Counties near Columbus, Georgia, and houses the Maneuver Center of Excellence, the U.S. Army Infantry School, and multiple training brigades. Cases there frequently involve off-post conduct in Columbus, overlapping civilian and military jurisdiction, and allegations arising inside Ranger, Airborne, OCS, and cadre-instructor pipelines across several commands simultaneously.

Call Gonzalez & Waddington at 1-800-921-8607 for a free, confidential consultation.

Fort Benning military defense lawyers -Gonzalez & Waddington

By Michael Waddington, former Army JAG and founding partner, Gonzalez & Waddington · Reviewed by Alexandra González-Waddington, founding partner · Last updated 

Quick answerGonzalez & Waddington is a civilian military defense firm that represents soldiers at Fort Benning, Georgia (called Fort Moore from 2023 to 2025) in courts-martial, Article 120 sexual assault cases, Army CID investigations, GOMORs, Article 15s, Boards of Inquiry and administrative separation boards. Founding partner Michael Waddington is a former Army JAG officer who served as a defense counsel, prosecutor, Special Assistant U.S. Attorney and Chief of Military Justice. He is licensed in Georgia, is a Fellow of the invitation-only American Board of Criminal Lawyers, and has defended service members for more than 25 years. Call 1-800-921-8607 or text 954-799-4019.

Fort Benning military defense: key facts
Installation Fort Benning, Georgia (named Fort Moore May 2023 – March 2025), beside Columbus, GA and Phenix City, AL, spanning Muscogee, Chattahoochee and Marion counties in Georgia and Russell County, Alabama
Major units Maneuver Center of Excellence, Infantry and Armor Schools, 75th Ranger Regiment, Airborne and Ranger Training Brigade, 1st Security Force Assistance Brigade, Officer Candidate School, and the 194th, 197th, 198th, 199th and 316th brigades
Who investigates Army CID, military police, the chain of command (AR 15-6 and command-directed investigations), and off-post police in Columbus, Muscogee and Chattahoochee counties, or Alabama
Who prosecutes serious cases The Army Office of Special Trial Counsel for covered offenses since December 28, 2023; the command for everything else
Civilian defense firm Gonzalez & Waddington, LLC · founding partners Michael Waddington and Alexandra González-Waddington · 1-800-921-8607
Cases handled Courts-martial, Article 120 sexual assault, Article 93a trainee cases, online sting and CSAM cases, domestic violence, DUI, drugs, false official statements, GOMORs, Article 15s, Boards of Inquiry, separation boards and security clearance matters

Civilian court-martial attorneys for Fort Benning soldiers

Gonzalez & Waddington defends service members stationed at Fort Benning in serious UCMJ matters, including court-martial cases, Article 15/NJP actions, GOMOR rebuttals, administrative separation boards, Boards of Inquiry and security clearance matters.

We represent soldiers, NCOs and officers across the installation: trainees, Ranger candidates, Airborne students, OCS candidates, instructors, drill sergeants and cadre, as well as soldiers in the 75th Ranger Regiment, the 1st Security Force Assistance Brigade, the Maneuver Center of Excellence, the Infantry and Armor Schools, and the training brigades.

An allegation can threaten your career long before charges are preferred. If you are accused of Article 120 sexual assault, abusive sexual contact, domestic violence, assault, hazing, maltreatment, fraternization, trainee–cadre misconduct, drug misconduct, DUI, harassment, a false official statement or an orders violation, do not wait for the command’s theory to harden. Call 1-800-921-8607 or text 954-799-4019 for a confidential consultation.

Fort Benning at a glance: who is stationed there and why it matters for your defense

Fort Benning sits on the Chattahoochee River at the Georgia–Alabama line, beside Columbus, Georgia. The installation spans Muscogee, Chattahoochee and Marion counties in Georgia and Russell County in Alabama, and it has occupied much of Chattahoochee County since 1918. The Army says it supports more than 120,000 active-duty and reserve soldiers, family members, civilian employees and retirees.

The name. The post opened as Camp Benning in 1918, was renamed Fort Moore on May 11, 2023, and was restored to Fort Benning by a March 3, 2025 memorandum from Defense Secretary Pete Hegseth, this time honoring Cpl. Fred G. Benning, a World War I Distinguished Service Cross recipient (U.S. Army). Charge sheets, orders, evaluations and records from 2023 to 2025 may say “Fort Moore.” Both names refer to the same installation.

Fort Benning’s main organizations, according to its official tenant-unit page and the Army, are:

  • U.S. Army Maneuver Center of Excellence (MCoE), home of the Infantry School and Armor School
  • Initial-entry and one-station-unit training brigades: the 197th, 198th and 199th Infantry Brigades, the 194th Armored Brigade and the 316th Cavalry Brigade
  • Airborne and Ranger Training Brigade: Airborne School, the 4th Ranger Training Battalion (the first phase of Ranger School), Pathfinder School and Jumpmaster School
  • 75th Ranger Regiment (U.S. Army Special Operations Command)
  • 1st Security Force Assistance Brigade
  • Officer Candidate School, the Henry Caro NCO Academy, the U.S. Army Marksmanship Unit, Martin Army Community Hospital and the Western Hemisphere Institute for Security Cooperation

Why Fort Benning cases are different from other Army posts

Fort Benning has been the Army’s premier training center since 1918, first for infantry and later for armor, cavalry, Airborne, air mobility, Rangers and officer candidates (Military OneSource). Its mission is to turn out trained, combat-ready soldiers and leaders. That creates a culture of standards, evaluation and fast command response, and it changes how a misconduct case unfolds.

  • Consequences start before the evidence is tested. A trainee can lose a school slot. A Ranger or Airborne student can be dropped from the pipeline. A cadre member can be pulled from instructor duty. An OCS candidate can lose a commission. An NCO can be relieved, and an officer can face a Board of Inquiry, all while the investigation is still open.
  • Power imbalances become charges. With thousands of trainees under the authority of drill sergeants and instructors, allegations are often framed as abuse of authority, maltreatment, fraternization or Article 93a violations, not just as individual misconduct.
  • Witnesses are under pressure. Students and trainees who are trying to protect their own status in a high-stakes pipeline may shape their statements, and cohorts often compare notes in the bay.
  • The evidence is everywhere. Training rosters, range schedules, cadre notes, barracks witnesses, gate-access data, pass and leave records, phone extractions, Snapchat and Instagram, hotel and rideshare records, and civilian police reports can all end up in the same case.

A generic Army defense is not enough when the allegation can affect graduation, branch qualification, a Ranger tab or scroll, jump status, instructor credibility, PCS orders, promotion, a clearance or retirement.

Columbus, Phenix City and the Chattahoochee Valley

Columbus, settled in 1828, sits on the Chattahoochee River directly across from Phenix City, Alabama (Explore Georgia). The 15-mile Chattahoochee RiverWalk runs from Uptown Columbus toward Fort Benning, and Uptown’s restaurant and bar district centers on Broadway and Front Avenue. Victory Drive is the main corridor between the city and the post. Many soldiers live off post in Columbus, Harris County, Cusseta and Phenix City.

That geography matters in a defense case. One incident can involve the Columbus Police Department, the Muscogee or Chattahoochee County sheriff, Georgia State Patrol, military police, Army CID and, if events cross the river, Alabama authorities.

Video: Military Defense Lawyers Fort Benning | CID, Article 120 & UCMJ Defense (10:10) — watch on YouTube

How a weekend in Columbus or Phenix City becomes a court-martial

The examples in this section are hypothetical. They are not claims about any actual case, business or person. They show how local facts shape a case when a Fort Benning soldier is accused.

Uptown Columbus and Broadway. Two soldiers leave a night out together and remember it differently. By Monday, Army CID has the case, a SHARP report has been filed and the soldier has been flagged. The evidence that decides these cases is usually digital: rideshare receipts, bar tabs, door-camera footage, location data and next-morning texts. All of it can disappear if no one preserves it early.

Across the river in Phenix City, Alabama. Soldiers have crossed the Chattahoochee for nightlife since the 1940s, when Phenix City’s 14th Street vice district was so notorious that the governor declared martial law in 1954 (regional military history). Today the issue is jurisdiction. An arrest there is an Alabama case under Alabama law, and it can run alongside a command investigation in Georgia.

Victory Drive, I-185 and the gate. A DUI stop by Columbus police goes to Columbus courts under Georgia law. The same stop just inside the gate becomes a federal case, usually in the U.S. Magistrate Court for the Middle District of Georgia, Columbus Division. Either way, Army policy generally calls for a General Officer Memorandum of Reprimand. That letter, not the fine, is what can end a career.

Off-post housing in Columbus, Harris County, Cusseta and Phenix City. A 911 call can lead to a civilian arrest, a Military Protective Order, a Family Advocacy Program review and an Article 128b domestic violence charge, sometimes all at once. A domestic violence conviction can also trigger the federal firearms ban (the Lautenberg Amendment), which can end an infantry career.

Barracks and training areas. Alcohol, horseplay, a group chat or a phone left unlocked. Barracks incidents turn into assault, hazing, maltreatment or abusive sexual contact investigations, and they move quickly because training units run on tight cycles.

Ranger, Airborne and OCS pipelines. A candidate is accused of misconduct in a demanding school. Even when the criminal case is weak, the soldier can be removed from training, lose status and receive adverse paperwork that follows them for years.

Urinalysis and digital evidence. A positive urinalysis, a prescription mix-up, a barracks search, or messages that suggest drug use. Many cases turn on deleted messages, Snapchat, metadata or an incomplete phone extraction, which is why preserving evidence early matters.

The cases we see most from Fort Benning

Fort Benning soldiers face courts-martial, Article 32 preliminary hearings, Article 15/NJP, GOMORs, separation boards, Boards of Inquiry, command-directed investigations and clearance reviews. A case can start with CID, the military police, local police, a commander’s inquiry, a SHARP or EO complaint, a schoolhouse report, a civilian protective order, or an allegation from a soldier, trainee, instructor, spouse or dating partner.

Article 120 sexual assault and Article 120c sexual misconduct

These allegations often involve barracks rooms, off-post apartments, hotels, parties, training cohorts, alcohol, delayed reports, dating apps, rideshare records and phone extractions. Since December 28, 2023, the Army’s Office of Special Trial Counsel (OSTC), not the commander, has decided whether sexual assault, domestic violence, murder, stalking, child pornography, sexual harassment and other “covered offenses” go to court-martial (U.S. Army). The defense has to establish what was said and when, whether accounts changed, whether witnesses coordinated, and whether the command’s assumptions shaped the investigation. We use the cross-examination methods Michael and Alexandra wrote for the National Association of Criminal Defense Lawyers’ Pattern Cross-Examination for Sexual Assault Cases. More on Article 120 UCMJ defense.

Drill sergeant, cadre and instructor allegations (Articles 93, 93a and 134)

Article 93a makes certain relationships between people in positions of special trust and recruits or trainees a crime. Fort Benning has a long public record of these investigations. In 2017, the Army suspended a group of infantry drill sergeants after trainees made sexual misconduct allegations (Army Times). For drill sergeants, instructors, cadre, commanders and NCOs, the career damage starts right away: suspension, relief, referred evaluations and loss of trust, often before any charge.

Child sexual abuse material and online sting cases

These are covered offenses that OSTC prosecutes at general court-martial. In February 2026, a former Fort Benning drill sergeant from the 198th Infantry Brigade was sentenced at a general court-martial at Fort Benning to 42 months’ confinement and a bad-conduct discharge after a plea; several of the original specifications were dismissed (The Salty Soldier). In these cases, the forensic examination of devices and the challenge to the government’s experts usually decide the outcome. More on online sting and CSAM defense.

Domestic violence and assault (Articles 128 and 128b)

These cases bring together Columbus police reports, 911 calls, body-camera footage, photographs, medical records, protective order filings, texts, Family Advocacy records and no-contact orders. Even if the civilian case is reduced or dismissed, the command can still pursue a GOMOR, Article 15, separation, Board of Inquiry or clearance action.

DUI, alcohol and drug cases (Articles 113 and 112a)

These include on-post and off-post DUIs, drunk-and-disorderly incidents, positive urinalysis results, prescription issues, distribution allegations, and hemp or Delta-8 products that are legal to buy in Georgia and Alabama but prohibited for soldiers. For soldiers in elite pipelines, instructor roles or leadership positions, the administrative consequences move faster than the criminal process.

Weapons, sensitive items and government property (Articles 108 and 121)

Fort Benning trains soldiers on weapons and night-vision equipment every day, so missing sensitive items are investigated aggressively. In 2024, Army CID offered a $15,000 reward after 31 items, including M17 pistols and night-vision devices, were reported stolen from the post’s central armory (summary and sources).

GOMORs, Article 15s, separation boards and Boards of Inquiry

Most Fort Benning soldiers never see a court-martial. They face a GOMOR, a relief, an Article 15 or a separation board, and those can still take away rank, retirement, a school slot, a tab or scroll, a clearance or GI Bill benefits. We prepare these cases the way we prepare for trial. See our guides to GOMOR rebuttals and Boards of Inquiry and separation boards.

How we defend Fort Benning cases: four illustrative scenarios

Read this first: these four scenarios are hypothetical composites built from the kinds of allegations Fort Benning soldiers face. The names, units and facts are invented. They are not descriptions of real clients or real results. They show how we work a case, not how any case will turn out.

Our approach is the same in every case. We do not wait for CID’s report. We run our own investigation from the first day, preserve the evidence CID did not collect, and cross-examine the agents on every shortcut they took.

Scenario 1: An Article 120 allegation after a barracks party on Kelley Hill

The allegation. “Specialist A” and a fellow soldier drink with friends in a barracks room on a Saturday night. Two days later she reports to SHARP that she was too drunk to consent. CID seizes his phone, interviews her once, sets up a monitored pretext phone call, and recommends charges of sexual assault of an incapacitated person.

What we investigate.

  • We identify everyone at the party from Snapchat stories, group-chat members and the CQ sign-in log, then interview the witnesses CID never contacted.
  • We send preservation requests for barracks access-control records, hallway camera footage, and rideshare and food-delivery receipts that show who was moving, ordering and texting, and when.
  • We rebuild a drink-by-drink timeline from bar tabs and messages, and have a forensic toxicologist estimate whether incapacitation was possible at the times that matter.
  • We get a complete forensic extraction of the phones, not just the excerpts CID chose to print.

How we cross-examine CID. At the Article 32 preliminary hearing and at trial, we take the lead agent through every witness who was never interviewed, the pretext-call script, the parts of the accuser’s interview that were not recorded, and every message from that night that contradicts the incapacitation theory. A panel needs to see that the investigation started with a conclusion and worked backward.

Scenario 2: A date that ended on the Chattahoochee RiverWalk

The allegation. “Sergeant B” meets a woman on a dating app. They have drinks on Broadway in Uptown Columbus, then walk down to the RiverWalk along the Chattahoochee. They are intimate near the water. The next afternoon, after a disagreement over text, she tells a friend she did not consent. The friend calls the police, and the case is referred to Army CID.

What we investigate.

  • We act fast on evidence that disappears: app messages before and after the date, rideshare records, phone location data, and camera footage from businesses along Broadway and Front Avenue. Much of that footage is overwritten within days.
  • We map the route and timing to test whether her account fits the physical scene: the lighting, the distances and the walk back to the car.
  • We put the next-day text exchange in context. Messages written after a fight often read very differently once you see the whole thread.

How we cross-examine CID. We ask the agent what they requested from the dating app and when, why the full thread was never obtained, and which cameras they checked before the footage was gone. When the investigation missed time-sensitive evidence, the defense makes sure the panel knows exactly what was lost and why.

Scenario 3: A drill sergeant accused by a trainee

The allegation. A trainee in a one-station-unit-training company tells a chaplain that “Staff Sergeant C,” a drill sergeant, made sexual comments and touched her during a training event. Within a week, he is suspended, an AR 15-6 investigation opens, CID takes over, and other trainees are asked whether he ever made them uncomfortable. Prosecutors consider Article 93a, Article 120 and maltreatment charges.

What we investigate.

  • We get the company’s training schedules, duty rosters and range sheets to test whether the drill sergeant and the trainee were even in the same place at the times alleged.
  • We collect every version of the trainee’s account, including the chaplain, SHARP, the 15-6 investigating officer and CID, and line them up side by side.
  • We look at how the other trainees were questioned. Group interviews, leading questions and trainees comparing notes in the bay can turn rumor into “corroboration.”
  • We identify battle buddies and other cadre who were present and can describe what actually happened.

How we cross-examine CID. We focus on contamination: who told each trainee what the allegation was before they gave a statement, whether agents used the same leading questions in every interview, and whether anyone checked the training schedule before charges were recommended. In trainee cases, the way the investigation was run is often the strongest evidence for the defense.

Scenario 4: An online sting near Columbus

The allegation. “Private First Class D” answers a post on an adults-only dating app. The profile says the person is 19. After a day of messaging, the “person” says she is actually 15. She keeps the conversation going and suggests meeting at a gas station off Victory Drive. When he arrives, agents from a joint task force arrest him. He is charged with attempted sexual offenses against a child, a covered offense prosecuted by OSTC.

What we investigate.

  • We demand the complete undercover record: every message, the profile and photos the decoy used, the app’s age-verification rules, and the operation plan and scripts the agents followed.
  • We identify who raised sexual topics first, how many times the soldier tried to end the conversation, and how hard the decoy pushed to keep it going.
  • We build an entrapment defense when the evidence supports it. Under Rule for Courts-Martial 916(g), entrapment applies when the criminal plan began with government agents and the accused was not predisposed to commit the offense.
  • We look for gaps in the record, such as screenshots instead of full extractions, deleted messages and conversations that moved to another app.

How we cross-examine CID. We take the undercover agent through the operation’s targeting rules, the decision to switch the persona’s age after an adult conversation had started, how persistent the decoy was, and every message the government left out of its exhibit.

What the four scenarios have in common: the government’s file is the beginning of the story, not the end. We investigate independently, preserve evidence before it disappears, retain experts when the science matters, and cross-examine CID on what they did and did not do.

Where a Fort Benning case can be prosecuted, and how civilian and military consequences overlap

A soldier does not have to be convicted in civilian court before military consequences begin. One local allegation can set off a police report, a CID investigation, a command inquiry, a no-contact order, a flag, suspension, school removal, a GOMOR, an Article 15, a separation board, a clearance review or a court-martial referral, often at the same time.

Fort Benning case forums
Where it happened Who can prosecute What follows on post
On Fort Benning Court-martial (command or OSTC); minor offenses can go to the U.S. District Court, Middle District of Georgia, Columbus Office Flag, GOMOR, Article 15, separation
Columbus / Muscogee County, GA Columbus Recorder’s Court; Muscogee County State or Superior Court (Clerk of Courts) Command notification, possible parallel UCMJ case
Chattahoochee County, GA Chattahoochee County courts (court information) Same as above
Phenix City / Russell County, AL Alabama municipal, district or circuit court Same as above, under Alabama law
Anywhere: sexual assault, domestic violence, CSAM, homicide OSTC decides whether to prefer and refer charges Court-martial exposure even if civilian charges are dropped

Our practice is the military side of the case: the CID investigation, the command’s response, Military Protective Orders, GOMORs, Article 15s, boards and courts-martial. When a civilian charge is also pending, we build the military defense around it so that nothing said or filed in one forum is used against you in the other.

Why Fort Benning soldiers choose Gonzalez & Waddington

Gonzalez & Waddington, LLC is a civilian military defense firm founded in 2006 by Michael Waddington and Alexandra González-Waddington, a husband-and-wife trial team. The firm represents members of every branch, including the Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, Reserve and National Guard. Its attorneys have defended service members in the United States, Germany, Italy, Spain, the United Kingdom, Japan, South Korea, Guam, Iraq, Afghanistan and other deployed locations.

Michael Waddington has worked every role in the Army courtroom

Michael enlisted in the Army in 1993, was commissioned in 1997, and served as a JAG officer from 2001. In uniform he was a Trial Defense Counsel, a Senior Defense Counsel running a branch office, an Army prosecutor, a Special Assistant U.S. Attorney prosecuting cases in federal court, and a Chief of Military Justice. He has more than 25 years of military defense experience, is licensed in Georgia, Florida, Pennsylvania, New Jersey and South Carolina, and is admitted to every U.S. military trial court (FIU College of Law).

Alexandra González-Waddington started as a Georgia public defender

Alexandra is a founding partner, a former public defender and an experienced military defense lawyer licensed in Georgia and Florida. She began her career as one of the first public defenders in Georgia’s Augusta Judicial Circuit, is admitted to every U.S. military trial court, and has defended service members in sexual assault, violent crime, war crimes, murder, classified-information, domestic violence and white-collar cases.

Results in the kinds of cases Fort Benning soldiers face

  • 2026, Yokota Air Base, Japan: an Air Force captain charged with strangling his daughter was cleared by court-martial (Stars and Stripes).
  • 2020, Fort Bragg: an Army Special Forces colonel was acquitted of all five Article 120 charges after about an hour of panel deliberation (Army Times).
  • 2018, San Diego: a Navy SEAL officer was acquitted of all sexual assault charges by a Navy jury (summary and sources).
  • 2008, U.S. Naval Academy: all court-martial charges against a midshipman accused of rape were dismissed (Washington Post).
  • Fort Benning: [ADD A FORT BENNING CASE RESULT]

Recognized by the criminal defense bar

Michael is a Fellow of the American Board of Criminal Lawyers, an invitation-only group of about 200 trial lawyers, and a Life Member of the National Association of Criminal Defense Lawyers (NACDL). He is an adjunct professor at Florida International University College of Law and has written chapters on military justice for the American Bar Association’s annual The State of Criminal Justice since 2013. Michael and Alexandra co-wrote NACDL’s pattern cross-examination books on sexual assault cases and expert witnesses, and the UCMJ Survival Guide.

What clients say

As of October 2026, Michael has a 4.9 out of 5 client score across 104 reviews on Avvo (read the reviews). One military spouse wrote that he was “supportive, compassionate, and always available” through her husband’s case.

We work alongside your detailed military defense counsel

A soldier facing court-martial has the right to a detailed military defense lawyer from the Army Trial Defense Service, free of charge. Hiring civilian counsel does not replace that lawyer; we work with them as one team. Civilian counsel adds an independent strategy, early investigation, witness preparation, digital-evidence review, communication with your family, and the continuity of a firm that stays with the case from investigation through trial or board.

If Army CID or your chain of command contacts you at Fort Benning

  1. Do not make a statement. You have the right to remain silent under Article 31(b) and the right to a lawyer. Politely say: “I want to speak with a lawyer before answering any questions.”
  2. Do not consent to a search of your phone, car or room. If agents have a search authorization, do not resist it, but do not give your passcode or consent.
  3. Do not contact the accuser or discuss the allegation with anyone in your unit or group chats. Those messages become evidence.
  4. Do not sign or submit paperwork, such as a rebuttal, sworn statement or counseling response, before a lawyer reviews it.
  5. Write down the facts privately for your lawyer, including names, times and places such as the bar, the rideshare and the room, while your memory is fresh.
  6. Call a civilian military defense lawyer early. Many of the best outcomes happen before charges are preferred.

More detail: your rights in a military investigation.

Talk to a civilian military defense lawyer serving Fort Benning

Facing CID questioning, an Article 120 allegation, a DUI or civilian arrest, an Article 15, a GOMOR, a separation board, a Board of Inquiry or a clearance problem? Get legal guidance before you make statements or submit paperwork that can be used against you.

Call 1-800-921-8607 or text 954-799-4019, or request a confidential consultation. No attorney can guarantee a result. The goal is to step in early, protect your rights and help you make informed decisions before the command’s or the prosecution’s theory hardens.

Michael Waddington handled my case with an exceptional level of professionalism from start to finish. He was knowledgeable, prepared, responsive, and extremely thorough. He took the time to understand the facts and never treated the case like just another file.

— Kortne R. ★★★★★ Google review · More client reviews

Prior results do not guarantee a similar outcome. Every case is different.

Fort Benning military defense FAQ

Who is a good military defense lawyer for Fort Benning?

Gonzalez & Waddington is a civilian military defense firm that represents soldiers at Fort Benning, Georgia. Founding partner Michael Waddington is a former Army JAG, prosecutor and Chief of Military Justice who is licensed in Georgia, is a Fellow of the American Board of Criminal Lawyers, and has defended service members at courts-martial for more than 25 years.

Is Fort Moore the same as Fort Benning?

Yes. The post was called Fort Moore from May 2023 until March 2025, when the Army restored the name Fort Benning. Documents from that period may use either name.

Do I need a civilian lawyer if I already have a TDS lawyer?

You are not required to hire one. Many soldiers facing Article 120 charges, OSTC prosecutions, Boards of Inquiry or career-ending GOMORs add a civilian lawyer for the extra time, trial experience and continuity a private firm provides. Your TDS lawyer stays on your team at no cost.

Who decides whether my sexual assault case goes to court-martial?

For covered offenses, including sexual assault, domestic violence, stalking, child pornography and homicide, the Army’s Office of Special Trial Counsel has made that decision since December 28, 2023, not your commander.

Can an allegation from Uptown Columbus, a hotel or a dating app become an Article 120 case?

Yes. An off-post allegation can become a military sexual assault investigation whenever the accused is subject to the UCMJ. Hotels, apartments, parties, dating apps, rideshares, text messages, social media, civilian witnesses, delayed reports and phone extractions can all become central evidence.

Can a DUI in Columbus affect my Army career at Fort Benning?

Yes. An off-post DUI goes to Columbus or Muscogee County courts, and an on-post DUI is usually prosecuted in federal Magistrate Court. Either can lead to a flag, a General Officer Memorandum of Reprimand, an Article 15, school removal or separation while the civilian case is still pending. Whether a GOMOR is filed locally or in your permanent file often decides whether your career survives.

What happens if I am arrested in Phenix City, Alabama?

The arrest is an Alabama state or municipal case, and your command will usually find out about it. The same conduct can also lead to a CID investigation, a GOMOR, an Article 15, a separation board or a court-martial at Fort Benning. Gonzalez & Waddington defends the military side and makes sure nothing in the civilian case is used against you on post.

Can a drill sergeant be court-martialed for a consensual relationship with a trainee?

Yes. Article 93a of the UCMJ makes certain sexual relationships between people in positions of special trust, such as drill sergeants and recruiters, and trainees or recruits a crime regardless of consent. Lesser allegations can still lead to relief, a GOMOR and separation.

Can Fort Benning cadre or instructors face career-ending action after a trainee allegation?

Yes. Allegations against cadre, drill sergeants or instructors can be treated as leadership failures, abuse of authority, fraternization, sexual harassment, maltreatment or criminal misconduct. They can lead to removal from position, reprimands, referred evaluations, separation, a Board of Inquiry or a court-martial.

Do trainees, Ranger candidates, Airborne students or OCS candidates need civilian military defense counsel?

They may. A trainee or student can face removal from training, loss of school status, adverse paperwork and no-contact orders before a case ever reaches trial. Civilian counsel can evaluate the allegation, preserve evidence and work alongside detailed military counsel.

What is a CID pretext phone call?

In a pretext call, CID agents have the accuser call or text the suspect while the agents listen and record, hoping the suspect apologizes or admits something. If an accuser unexpectedly contacts you about an allegation, do not discuss it. End the conversation and call a lawyer.

Is entrapment a defense in a military online sting case?

Yes, in the right case. Under Rule for Courts-Martial 916(g), entrapment is a defense when the criminal plan originated with government agents and the accused was not predisposed to commit the offense. Whether it applies depends on the complete chat record, who introduced sexual topics and age, and how hard the agents pushed.

Can a Fort Benning soldier be separated even if civilian charges are dismissed?

Yes. The Army can pursue a reprimand, Article 15, separation, Board of Inquiry or clearance action even if civilian charges are dismissed, reduced or unresolved. Administrative decisions focus on retention, judgment, trustworthiness and suitability for service, not only on criminal guilt.

Can an officer at Fort Benning face a Board of Inquiry after an off-post allegation?

Yes. Officers can face a Board of Inquiry or elimination after allegations involving a civilian arrest, domestic violence, sexual misconduct, fraternization, dishonesty, leadership failures or conduct unbecoming. The defense has to address both the allegation and the officer’s entire service record.

How much does a Fort Benning court-martial lawyer cost?

Fees depend on the type of case, the number of hearings and whether it goes to trial. Call 1-800-921-8607 to talk about your case and get a fee quote.

Army CID wants to interview me at Fort Benning. Do I have to talk to them?

No. Article 31(b) of the UCMJ requires investigators to tell you what you are suspected of and that you have the right to remain silent, and you can ask for a lawyer before answering anything. An interview is evidence collection, and Army CID can title you as a subject on a low "credible information" standard that can follow you into background and clearance checks even if the case is dropped. Politely decline, ask for counsel, and call a military defense lawyer before you say anything.

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