In this video, military court martial defense lawyer Michael Waddington discusses how to vet and retain the best military defense lawyers and how to mount the best court martial defense in Article 120 UCMJ cases. Mr. Waddington also discusses
In a typical year, in cases that we get hired on when the accused or suspect has not yet been charged, about 50% of those cases can be disposed of (meaning that court-martial charges are dropped), the charges end up not getting referred, sometimes the client just PCs is the ETS get out of the service. Other times, we’re able to negotiate a lesser level of punishment like a letter of reprimand rather than going to a court-martial. To do that, you have to get involved from the beginning and start building up your defense in preparing your defense and be ready to present that defense in the weaknesses in the government’s case to the convening authority, if necessary.
If you plan on sitting back and waiting to see what happens, what’s going to happen is that the JAGs and command will prefer court-martial charges against you. Once a chart is preferred, they’re much more difficult to get dropped than if you can take care of them before the charges are preferred against you. So our strategy in most cases is to gather evidence that shows that evidence that our clients are not guilty and be prepared. Be prepared to take the case to court if necessary, but at that point, we already have our defense set up, and we always have a few things up our sleeves that we do not present to the prosecution.
We have successfully fought for and exonerated US Military personnel living around the world. Review our trial outcomes with various military defense counsel.
The determined criminal defense attorneys at Gonzalez & Waddington have won a name for defending US Military personnel at military bases in Europe, the United States, and Asia. Suppose you are under investigation for a military crime. In that case, retaining the most hard-hitting military counsel can be the difference between being a registered sex offender versus winning your case or saving your career. Our court-martial defense attorneys ardently fight for US service members in both UCMJ and administrative matters to include: Sexual assault, Maiming – Article 128a, UCMJ, Indecent Viewing, Indecent Recording, or Distribution of an Indecent Recording, Accessory After the Fact – Article 78, UCMJ, or Kidnapping – 125, UCMJ.
For over twenty years, our military defense attorneys passionately fight for American Soldiers, Sailors, Airmen, Marines, and Coasties accused of sex crimes, drug distribution, Maiming – Article 128a, UCMJ, Rape of a Child under Article 120b, White Collar Crimes, or Self Injury, Without Intent to Avoid Service – Article 134, UCMJ. We also defend against other offenses under the UCMJ.
Unlike most court-martial defense lawyers or your assigned Army, Navy, Air Force, or Marine Corps defense counsel, pleading out is not something we commonly do. Suppose you are dealing with a trial for Sexual assault. In that case, Aggravated Assault – Article 128, UCMJ, Sexual Assault, Attempts – Article 80, UCMJ, or Indecent Language – Article 134, UCMJ, our military defense attorneys’ military trial outcomes are excellent. Our client and his or her future is our primary concern we take on an allegation. Our court-martial attorneys maintain smaller caseloads than the usually assigned defense lawyer so that we can concentrate on every case separately. Your trial will not be outsourced to a third party, and we will not intimidate you into a guilty plea at the last minute. Our military defense attorneys have successfully contested military court-martials and administrative separation hearings in the United States and worldwide.
My name is Michael Waddington. I’m a court-martial defense attorney. In this article, I want to discuss how to choose the best lawyer to defend you in a court-martial.
Choosing your military lawyer is one of the most important decisions you’re going to make if you’re under investigation or facing a court-martial. You should ask a prospective attorney several questions and judge whether or not that attorney is the best-qualified attorney to defend you. If you don’t choose the best attorney possible to defend you, then you will live to regret your choice.
There are several questions that you should ask any prospective attorney and listen to their tone of voice and their confidence, in addition to the answers that they give. One question you should look for and this is probably the most important, “What are some of your verifiable court-martial trial results, in which you were the lead counsel?” Now, the lead counsel portion is very important. That means you’re the person who did the opening and closing, you were the leader, the primary attorney in the case.
It’s not the same to be a lead counsel as it is to sit as secondary counsel and assist the lead counsel. You should look for an attorney that has tried at least 50 felony jury trials, to a jury as lead counsel. Now, if you can find a lawyer that’s done more than that, and there’s plenty of them out there then that’s great but whenever you have an attorney that’s only done 5 to 15 cases, that is not a lot of cases when it comes to being a trial attorney.
Another important factor is client testimonials. Look online and check to see if that attorney has been reviewed by old clients. What do they have to say about the attorney you’re speaking to? Does the attorney have one or two reviews or none? Or does the attorney have a dozen or more reviews? Client reviews are a tell-tale sign that an attorney is winning cases and taking cases to trial and getting great results for his clients.
Another important factor is if you’re looking for an attorney that’s an excellent lead trial counsel, ask the attorney, “Hey, can you give me the names of a few military defense lawyers that you have tried cases with in the past?” If they can’t provide any names, then there’s a problem. It’s a good idea to check the background of the lawyer that you’re looking into. For example, if the lawyer gives you one or two names of Army, Air Force, Marine Corps defense counsels that they worked with, give them a call or have your mom and dad call and check into the background of that lawyer.
Another factor you should ask your prospective attorney about is, “How long have you been off of active duty?” And if the attorney is off of active duty for one or two years, then that should cause you some concern. Not that someone right off of active duty can’t be a good attorney but if an attorney is young and they did four years on active duty and they’ve been out in private practice for only a few months or a year, then you might want to just check in a little a deeper into the background of that attorney.
Another thing you should look for is independent ratings and reviews. Check avvo.com, that’s a great lawyer review website. It also rates attorneys based on their experience, reputation, and ethics. Look at super lawyers, look at the national trial lawyers. Things like that, that can verify whether or not the attorney your speaking with is actually a legitimate, trained, experienced trial attorney or just someone that’s trying to pretend that they’re the most experienced trial attorney.
A very important question you should ask your attorney, “How many years of your legal career have you spent defending people as a criminal defense lawyer. Not as a JAG, not as a prosecutor throwing people in jail but as a criminal defense attorney, trying cases to a jury. And you’ll be surprised, many of these lawyers that are out there claiming to be the best or the most experienced military defense lawyers, spent the majority of their career hurting and throwing service members in jail and vigorously prosecuting people, sometimes with little to no evidence. So be careful.
Another question you should ask is, “What exactly did you do while you were in the military?” And if someone spent the majority of their career in legal assistance and did a little bit of prosecution, and maybe did a little bit of defense or no defense, that’s another red flag. There’s a lot of good lawyers out there that are great trial lawyers. Why settle for someone who’s second-best?
One final thing you should ask when you’re looking for a military defense attorney, “How many jury trials have you done? How many contested jury trials have you done total?” I would start with 100 as a baseline. Now, that’s a lot of cases but there’s a ton of lawyers out there that have done more than 100 jury trials. If you are speaking with a lawyer and they don’t want to tell you roughly how many cases they’ve taken to trial and if they don’t want to get into the details of the last 10 to 15 jury trials that they’ve defended then that’s another red flag. It doesn’t mean that you should altogether exclude that attorney but do some checking around. Speak to some other attorneys and weigh and compare who is the most experienced, who’s the best attorney to defend me, because you only get one chance at a court-martial.
In this episode, criminal defense attorneys Michael Waddington and Noel Tipon discuss whether incompetent civilian lawyers are flooding the military justice system and debate how to properly vet and select the best military defense lawyer for your court martial.
Noel Tipon, Attorney at Law 0:00
Welcome to another edition of the military law News Network. I’m Noel Tipon. I’m here with fellow court-martial attorney Michael Waddington. Michael, welcome to the show.
Michael Waddington, Court-martial lawyer 0:24
Noel. In this episode, we want to talk about the new influx of lawyers that are popping up and military courts, civilian lawyers around the country and around the world that are leaving a lot to be desired in terms of court-martial skill in court-martial experience. So out there in your neck of the woods, are you seeing a new influx of Savannah attorneys showing up in court marshals?
Noel Tipon, Attorney at Law 0:50
Well, here in Hawaii, I think just like with all other places in the world, and in America, more and more service members are looking to hire civilian defense counsel, they’ve been, you know, in this day and age, more courts-martial are being prosecuted. And there is a level of dissatisfaction with the military lawyers that most service members get detailed.
So they’re turning to more and more service members are turning to civilian defense counsel. But the problem that I see out here in the Pacific is that the civilian defense counsel they’re turning to doesn’t have any experience doing military course martial. They’re just people who have never had any military court-martial experienced civilians. Those who were never were in the military and have decided to make a quick, easy buck by representing service members, mainly to the service of military service members, and representing them in these complex court-martials.
Michael Waddington, Attorney at Law 1:44
And, well, to make matters worse, what I’m seeing is many lawyers out there that are out there. Now, Savannah attorneys that just aren’t good Criminal Lawyers, they might have been in the army, the Navy, the Air Force, they might have been around for a couple of years, the majority of them have tried to a verdict, the ones I’m talking about less than ten jury trials. So if you’ve been a lawyer for 15 years, and you’ve tried less than ten jury trials to a verdict as a defense counsel, then you have a lot to learn.
Because you have no business and marketing yourself as an expert in military law as an expert, criminal defense attorney, because you’re not, you’re an amateur. But the problem is, with the internet, you see it all the time. People put up a website claiming all these things. They don’t back it up. Some unknowing service member or their mom and dad gets online, Google something they see this person. According to his website, he’s the most outstanding lawyer. They get into court. And they quickly realize that their civilian lawyer is being manhandled because they’re incompetent.
Noel Tipon, Attorney at Law 2:48
You know, the problem that I see as well is that the former service members who are out there putting their name out as expert experts in a military court-martial or military court-martial defense, the problem that I see is that they’re using these Google search terms out there and lowering these service members in because they have served maybe 20 years in the military. But Mike, you know, as well, as I do, that, if you spend 20 years in the military, or 20 plus years in the military, the overwhelming majority of your time, and it’s just a matter of being in the military, is you move from being a trial lawyer to an admin position. And there how many general officers or colonels Do you see out there who are fighting the battle on the battlefield?
It’s just like with any other position in the military. Most of these guys in the military for 20 plus years have moved out of being trial attorneys 1015 years ago. So it is an infrequent circumstance that you spent 20 years in the military as a courtroom litigator as a trial attorney. And they market themselves out there as people who have courtroom experience. And they and they make it seem like they’ve been trying courts-martial up until the day they get out of the military. And it just isn’t true.
They get moved out of their position because they can’t stay in the courtroom for that long. They just can’t. The military finds that as a negative, and they have to move them out of the courtroom because they want to get promoted. And you know, most military service members want to get promoted. But when they get out, they market themselves as some expert in trying cases, when that just isn’t the case. And it’s not their fault, but it just is just the nature of the military. And what happens is this, the service member looks them up on Google, they say, oh, the guy was spent 20 years 20 plus years in the military.
He was a Judge Advocate. He must know what he’s doing. And while maybe he didn’t know what he was doing 1015 years ago, and he was in the courtroom. By the time he gets out. He all the skills have diminished. And Mike, you are an experienced litigator. You have to try cases every week, every month, to keep that skill up. And that’s what I see is the problem is that kind of what you’ve got What you’ve observed as well, well,
Michael Waddington, Attorney at Law 5:02
there are two types, you have the guys who did a couple of years as a prosecutor, maybe a defense, and then they spent 17 years behind a desk, reviewing contracts. And it’s like being a professional boxer. You might have been in your prime when you were younger. But if you haven’t been in the ring, and it’s been 17 years, you’re not going to be that good. It’s going to you might not ever be that good again, assuming you’re even good, to begin with.
The other thing is this. Lawyers are being kicked out of the military, sometimes being forced out for criminal misconduct and moral misconduct. So now they get kicked out of the military, sometimes not even within with an honorable discharge. And next thing, you know, they’re going around signing up service members, telling them that this great attorney, when it’s not true, without disclosing their whole, their whole history, and past, and they have in some of these attorneys have minimal experience.
That’s why I always tell people, ask the person what they did in the military, and ask for details, if it’s not on the website, and don’t assume everything you read on the website is true. If you only prosecute in the military, you never defended, and you were forced out of the military, you know, mentor for misconduct or kicked out, I would think twice unless the person has an outstanding trial record for the next ten years. And they’ve proven themselves.
I wouldn’t give a military defense lawyer $20,000 $30,000 to put my child’s life in their hands if they can’t even manage their affairs. So I’m dealing with people that I mean, aside from the ones that are good to experience, you have the one extreme, or they just happen to be in the military for a while, and they’re not that experienced, or they lack experience, and they need to make money. So they kind of miss they bend the truth a little bit on the website about their level of skill. And that’s why I also tell you to tell people, no, well, ask them how many trials they’ve done as a criminal defense lawyer, as lead counsel, is the lawyer is like, well, they don’t want to answer it. They think they’ve maybe done five or 10.
You know, why don’t we just put your life in the hands of someone who’s only done 10 cases? You know, when they’re there, dozens of lawyers out there have done 100 200 cases and have a high win rate. I just don’t understand it. But a lot of it has to do with consumers just not doing their homework and hiring the first guy on Google, which is another thing as you know, some people pay to have their website ranked at the top of Google, and they spend a lot of money doing it. That does not mean that that person that paid Google $5,000 a month is a competent attorney. That’s up to you to do your homework and do your research.
Noel Tipon, Attorney at Law 7:41
Oh, my, I agree. You have to as a consumer, and when you’re a service member and looking for a lawyer, you are a consumer. You have to do your homework concerning the military defense attorney that you choose. I mean, you have to ask that lawyer those tough questions. How many jury trials have you tried to a verdict? Now, sometimes there are lawyers out there who get the bad draws, get bad facts, and lose a lot of cases. But they should be able to tell you the cases they’ve taken to a jury verdict with specificity.
I know there’s a lot of trial attorneys out there who like to claim in their statistics for lack of a better way to describe it, all of the trials that they might have done, and they try and count things like guilty pleas, they try and add those all into their specifics. It is statistics. And while those might be good, you know, practice arena, they’re not a real proving ground for a real court-martial that you practice in front of a jury where there are jurors who are watching your every move, who hang on your every word.
I try and impart to some of my clients that it’s not so much a rote script that you follow. It is only through experience, going through the trenches and the battles, and failing in courts-martial and in trials where you learn how to do these. And these and so my point is, these court-martial attorneys, or these so-called court-martial attorneys, who just don’t have that requisite experience, they haven’t been through those battle-tested times. They haven’t faced things that, you know, come from left field.
They don’t know how to deal with those things. And that’s really where the good trial attorney makes his money. I mean, Mike, you’ve been trying so many cases throughout your career by this point in your life. How many times have you been surprised in a court-martial? And that’s what experience is all about, right? So how many times have you been by this point in your career where you are surprised at what happens in a court-martial?
Michael Waddington, Attorney at Law 9:50
Well, I mean, you know that you can see the moves coming down, coming down the line, and you can set these plays up just like if you’re a professional basketball player. You know, we’ve been playing with the same team. Let’s say you’re on the team with an on team with some of the basketball players. You know, their every move. You know what the opponents are going to do. So you can kind of see these things and manipulate the system. Yet I am sometimes surprised with the stupidity of the witnesses who try to outsmart me and try to manipulate the jurors and lie and things I sometimes get, yes, however, maybe a lot of these things.
While it’s not scripted out, we do contingency planning. If the witness this, and this and this and this, then we’re going to do this. And then this happens. And that happens. And we’re thinking like ten steps down the road to about 15 different contingencies because you never know what the witness will say because they always change your story on the stand. But that’s where experience comes in.
When I need to impeach a witness, I don’t have time to go into a book in front of the jury and start looking up how to, you know, impeach a witness with a prior statement that they made. I need to know those things. And the only way that I know those things is, yes, study, you know, get you so far. But, still, doing it under the gun, literally week after week, for decades, a decade and a half are like I’ve been doing this, then you start to figure out these things almost come as it comes to you it can come to you in your sleep, you don’t have to think about it at all.
Noel Tipon, Attorney at Law 11:26
And the point is that you don’t miss a stride, and the jury that sees you does not miss a stride. They understand that you know the case better than anybody else. And even if you don’t, but that’s what experience is all about. And if you’re an attorney who’s just picking up a court-martial as a side business thinking, Oh, look, it’s just a military court-martial. How hard can it be? The detailed defense counsel, these guys are only a couple of years out of law school, and they’re trying these high-level cases.
That I mean, to me, that’s a mistake in and of itself. But that’s something I can’t fix in the system if they think that they can just come in and try these cases. If if you’re if you hired a civilian counsel, and they don’t even know what the contents of the UCMJ are, if they don’t know what the RCM is and the rules for court-martial, if they don’t know what the Mr. E’s are, if they don’t know those things off the top of their head if they gotta go look over to the detailed military council and say, hey, look, what’s this?
What’s that guy’s rank? I mean, how do you think they’re going to react in the dynamic environment of a courtroom where the witnesses are lying? And yeah, you can plan that you can count on the fact that witnesses are going to lie or change the story or forget things. Sure. But if you don’t even know the rules, and you’re struggling with that, you’re struggling with a rank or the rank structure, chains of command. But if these guys don’t even know those basic things, how do you think that they’re going to be able to be on their game? I mean, the best example that I can think of is, is sports.
If you’re a pitcher and those people who watch baseball, pitching is all about fundamentals. It is about the fundamentals of throwing the ball over the plate, not aiming the ball. And if you’re worried about yourself, if you’re worried about something as small as the fundamentals, because you haven’t been doing it for long enough, and keeping up those fundamentals to keep your mechanics, right, you hit the ball is going to be all over the place. So that’s why rookie pitchers get lit up.
That’s why they did and experienced pitchers. They do well. And the same goes for the dynamics of a courtroom and what you’ll experience in a courtroom. So if you’re out there, and you’re looking for civilian counsel. Suppose you made the decision that you want to hire civilian defense counsel. Do your homework. Choose the right one, someone who can answer the question about how many jury trials they’ve tried to verdict. I got it. There are some dogs you take in there but win or lose. Yeah. But you got to try the jury trials to verdict. And then after that, you can ask them about their wins and losses,
Michael Waddington, Court-martial lawyer 14:02
do your homework. They defended as a criminal defense attorney if the person can’t tell you the last ten jury trials. They would have a problem if the person didn’t do any didn’t defend anyone on active duty. And there, they’re claiming that they’re a great jag military lawyer, then look elsewhere. I would rather hire someone who’s done 300 jury trials as a civilian than someone who’s been on active duty for ten years and has only done 10 cases,
Noel Tipon, Attorney at Law 14:29
experience counts more so than actual active duty time. I will agree with that. Mike. So you have to make sure that the military counselor, the civilian counsel you hire who claims to have been in the military, actually did military court-martial and did a substantial amount of those. But I agree. I would much rather have a guy who has actual courtroom experience than less experienced but has active duty time because there’s no substitute for experience in the courtroom,
Michael Waddington, Attorney at Law 15:01
you know, another great way to figure out whether or not someone’s a dud, as an military defense attorney, you know, is to ask, you know, what is the reputation? Let’s say you’re doing an Air Force case, ask your lawyer, you know, what is this person’s reputation that, you know, you may give the guy’s name? What’s his experience? And what’s his reputation? If you know it, the Air Force has defense lawyers who are pretty interconnected. And there are lawyers out there that are known in the military in the Air Force in particular as being terrible lawyers that get terrible results that nobody wants to work with.
Because they complete them, they’re terrible. And so sometimes you ask your lawyer, hey, I talked to this guy on the phone, what do you know about them? They could write out to their buddies. What do you know about Mike Waddington? And hopefully, you would, they would get good feedback, you know, regarding me, but if I have a reputation amongst all the Air Force, debt jag lawyers as being just a sucky lawyer, which I don’t By the way, then that’s something that you might want to know about. So I always encourage my potential client, ask your ADC, what are your TDs? What is my reputation? If you have any doubts,
Noel Tipon, Attorney at Law 16:14
It is much better to go with a military defense counsel, the detailed military defense counsel than to hire an inexpensive, no-good civilian. Because you just wanted a military lawyer, you went out there and found some bargain basement, a civilian lawyer who would take your case for as little as possible. Do not do this. In your case, ask that military lawyer what’s this guy’s reputation.
If the military lawyer says I’ve never heard of him, I don’t know what he’s done, that should be assigned for you that that guy might not have tried too many courts-martial in that area, that jurisdiction, as these guys are interconnected. And so make sure I mean, the bottom line is you got to do your homework and make sure that you get a guy who’s experienced because getting an inexperienced civilian defense counsel is almost as bad as getting just sticking with the detailed defense counsel,
Michael Waddington, Court-martial lawyer 17:10
I noticed that there are many of these, these bottom-feeder attorneys, that aren’t that good. I have no experience, which it looks like they went and cut, cut, and pasted a bunch of CNN logos on their website, ABC News logo on the website. And then I looked the lawyer up. I’m like, all right, this guy claims he was featured on CNN, he gives very little if any detail, there are a few guys like this out there about what they did and how they ended up on CNN, allegedly. And there’s no, you go to the CNN website, and then you put it in, and their name doesn’t pop up. So they’re lying about their case being covered on CNN.
If you’re actually in the media and have a reputation for being a hard-hitting attorney, it’s not hard to verify. You just Google the person’s name. Look at the history, Crawford cross-reference it, and you’ll know whether or not someone was actually on CNN or not. And frankly, if they claim to be on CNN, and ABC News and all this stuff, they should have a link to the big article where their name appears or some relation to the case they were involved in. And I just can’t find many lawyers out there who say that I’ve been featured on CNN, New York Times, and things like that.
Noel Tipon, Attorney at Law 18:21
You can’t just take at face value everything that’s on somebody’s website because it’s their website. They get to control it. They get to put on whatever they want. What you need to do if you’re looking for a civilian defense counsel, you got to look at third-party credibility indicators. Don’t just go to the guy’s website. I mean, a lot of this can be done just by querying the military defense lawyer. You’re talking to just the guy across the table, from you, when you throw your scenario out there. What’s their reaction?
How do they try and address the issue you’re facing in the case you’re talking about? If there’s a lot of hemming and hawing and I got to look that up, or that’s interesting, maybe I could figure that out. You need a guy who isn’t going to try and make promises that they can’t keep. Oh, I’ll get you out of this. I can. I can make sure I can hook you up that guy who’s making that prediction. You got to be a little bit, you know, skeptical of a guy trying to make you a prediction right off the bat off the first interview. Because that guy always try and do is get you in the door, get you to pay him and then and then maybe, later on, read the investigation and that’s something to be wary of like,
Michael Waddington, Attorney at Law 19:38
I appreciate your comments, and I think that we made some good points that can help consumers or people facing possible court-martial administration. Choose the best lawyer for their case. If you have any questions, feel free to call either one of our offices and speak with one of our experienced court-martial defense attorneys.
Noel Tipon, Attorney at Law 19:58
I appreciate you having me on another audition. Mike, I look forward to talking with you again. Sam here. Take care.
Military Law News Network – Dec 5, 2014 – In this episode, defense attorneys Michael Waddington and Tim Bilecki discuss whether victim rights trump the Constitutional rights of the accused in a military court-martial?
Can the military justice system strike a fair balance between protecting the constitutional rights of someone accused of a crime and the rights of someone that is an alleged victim? This is the Military law News Network. Today, I’m joined by attorney Timothy Bilecki. And I want to just start and get right down to it. Tim, can there be a balance? I think it’s tough to have a balance.
Mike, the Constitution protects those accused of crimes, whether they’ve committed those crimes or whether they are falsely accused. And that’s why in this particular system of justice, our American system of justice if the government’s going to take away an acute someone’s fundamental right, what’s the most fundamental right we have, as a society, it’s our freedom because, without our freedom, our money means nothing.
Without our freedom, our wives, and our children, our lives mean nothing. Military servicemembers stand up and take an oath to protect the freedom that this country provides its citizens. And so, that’s the most fundamental right an individual has. So if the government’s going to try to take that away from someone, they need to prove beyond a reasonable doubt that that person committed whatever crime they are accused of. So that’s the most fundamental right.
So I think the problem we have is if we tried to give these alleged victims, we don’t know if they’re victims, yet we call these people victims. But there’s been no trial, there’s been no verdict, but we presuppose The fact of the proposition that they’re victims, but we don’t know. Okay, no different than we can’t presume someone’s guilty. before they’re convicted, we can’t presume someone’s a victim before there’s been a trial.
So we tried to balance these rights is very tough to do. Because if we give more of these rights to alleged victims, and we start building our entire system on being victim-centric, then we must usurp the rights of an accused in our constitutional rights. There’s no middle ground. You know, there’s no way the more rights we give to an alleged victim, the more we must take away from an accused.
I don’t think you can have it both ways. Well, I think there can be a fine balance between protecting the alleged victim and her privacy rights, for example. And also giving someone a fair trial and making sure that their constitutional rights are not run over. The problem is, that’s not how commanders are looking at it. They see it as like scales of justice. You’re either protecting the rights of the victim and trampling the rights of the accused, or vice versa. And I don’t think they’re even on the same scale. And they’ve been, they’ve been part of our law dating back hundreds of years from the very beginning.
Because in the old system under the British, if you were accused of something, you would have to prove your innocence, they would fabricate evidence, you would be assumed to have been guilty, and your rights in colonial Americans would have the rights trampled on left and right. Their words would be twisted. And there’s this presumption that you were guilty just because there’s an allegation made. That’s why the founding fathers one of the reasons why they included those rights in the Bill of Rights in our Constitution.
So that being said, Tim, I think you can have both, but you can’t have one. You can have victim rights at the cost and expense of trampling the rights of the accused. And that’s kind of where these victim advocates are going. And little by little, they’re chipping away at the constitutional rights of someone accused, not convicted of a crime. They’re making it unless into a civil system. You know, they have a paparazzi. They’re given an immediate Papa Razzi and just surround them. And this is not a civil case. It’s a criminal case.
A victim is one witness, frequently in many. So that particular witness, it, if you look at it, isn’t any different than the other witnesses. Other she may have a more important role to play in the facts. But we don’t see other witnesses given this panoply of rights. The reality is that he or she is an alleged victim unless and until the accused guilt is proven beyond a reasonable doubt. So given that, why are they given a free lawyer who is paid for and funded by my taxpayer dollars, your taxpayer dollars to be what I believe obstructionist in the system, to try to prevent evidence from coming forward, to try to keep relevant evidence out of court, to prep them on how to testify, which often isn’t consistent with what happened, because it goes back to this one at all costs.
What’s happening is these rights of an accused the constitutional rights are being eviscerated by victims rights, which have no basis whatsoever in any type of law. We’ve become so victim-centric when the center of focus should be on the accused on the defendant. Did they commit the crime? Let’s Make sure that there’s enough evidence to convict them and make sure that they have a competent lawyer on their side to represent them, so people don’t get falsely accused. And Tim, as I mentioned to you earlier, I got really upset when reading an article. It was an interview with Marine Corps Sergeant Major . I think that’s how you say his name.
He’s a senior enlisted adviser to the Chairman of the Joint Chiefs of Staff. He says our first and foremost priority is protecting the victim. That is the first and foremost goal and objective, protecting the victim of the senior leadership in the military. And that’s what is wrong. He is wrong is not the first and foremost goal. The first and foremost goal is making sure you get it right, making sure that if you charge a marine or charge a soldier or an airman that there’s a good faith basis to believe the offense occurred, not to protect the alleged victim and all costs who don’t even know if it’s a victim. He is fundamentally wrong. Michael, let me tell you a story that I mentioned in one of the previous episodes.
I was over in England the week of Thanksgiving defending an airman and NCO outstanding record. He had an office affair with a colleague. She was threatened that if she doesn’t report the affair, they will turn her in for adultery. So she goes to make a restricted report, they tell her she has no choice but to go to the SARC. She makes a restricted report. And they say that people already know about your affair. Therefore, this is unrestricted, and you’re a victim. This case gets pushed to a general court-martial. This into an article 32. The back at Lackland, where this initially occurred about a year and a half ago.
Even the Jags there and OSI did not believe there’s probable cause. His commander and his media chain of command did not believe there’s probable cause, and they’re supporting him. Because the problem is the victim is not even saying that she’s a victim. She even said that on the stand. And I mentioned that in a previous episode. But my point is this. They moved to the court-martial article 32 to another base in England. It was quite a distance away from where my client was stationed. He then said, okay, you know, I have to go down there for four days. And they said, Hey, buddy, that’s on your dime. Because you’re accused of a crime, you have no funding. We’re not giving you a TTY. You’re going to be.
We’re not giving you anything. You have to get there on your dime. This, this guy who has already been raked over the coals for a crime he didn’t commit, he gets put he goes there, and he’s begging them, so they give them an empty barracks room with no sheets. Okay. At the same time, Tim, we were supposed to speak to the alleged victim, who, by again, she’s not a victim. She even doesn’t say it herself. And she wasn’t around. Okay, we go on her Facebook page. And after investigating this, we find out that his chain of command senior chain of command, his Colonel, who refused to provide him with a, for example, military lodging at the local law at the military lodge, wouldn’t pay for it.
His commander paid for this alleged victim to fly to London with a friend, and they were hanging out in London while we’re up there preparing for the court-martial and anticipate trying to the interviewer. And we know that because she’s touring around London with her friend at the expense of the unit of my client’s unit. And she’s posting pictures of herself in front of Big Band smiling, going out having a great time. To me, that is a disgrace. I think his commander, his decision to pay for her and her friend to come over and not pay for his falsely accused airman and hasn’t been convicted, is a travesty.
It says a lot about the current system when Yeah, I think that’s it’s absurd. And it just kind of really bothers me is it certainly isn’t my case. But it bothers me that they’re going to treat an airman through the chain of command backs who OSI says there’s not enough evidence to go forward that none of this occurred. They’re gonna make him come on his dime, give them a barracks room without bed without sheets. But meanwhile, this alleged victim who claims you’d even state she’s not sure if she’s even a victim, in this case, is hanging out in London, funded by my taxpayer dollars, and even And what’s even frustrating is why are you even at a 32? Why are we even had article 32 if everyone in the chain of command says nothing happened?
There’s not enough evidence to go forward. She testifies that she’s not even sure if she’s a victim. She wanted to make a restricted report, and only because she was concerned about maybe an adulterous relationship she was having all of this gets spun into another court-martial again on my taxpayer dollars, and at the expense of what the most important person ever. The accused is the accused airman who did nothing wrong but finds himself on the other side of the US government. It must be terrifying to be in that position.
But it happens week in and week out. But the thing is, no one has the moral fortitude, no one can stand up and talk about it and tell people and watch our program that this stuff happens, you know, and we got to make it right. And Tim, let me tell you something, it doesn’t matter if you’re not guilty. And that’s what I tell people all the time, when they call me, they say, Hey, we watched your show, we watched some of your videos, you know, I didn’t do this, I’m not so worried. And I tell them, you know, what, if he didn’t do it, then you have even more of a reason to be worried.
Because what you’re gonna see is they’re gonna be coaching witnesses, they’re gonna be hiding evidence, and they’re gonna put on people that will come in, and they will, they will come up with a theory to try to get you convicted of a felony. It doesn’t matter if you did it. So you should be scared. If you did it, you should also be scared. But if you get convicted, you had to commit. But the bottom line is if you didn’t do it, or you’re facing trumped-up charges back, I couldn’t imagine anything more terrifying waking up every day, knowing that you could get life in prison for something you didn’t do.
You put your faith in the system, and the systems let you down. Yeah, and the system is being more and more manipulated, not just to let you down. But to gain that conviction over you, which is why we talk about in the system, we’ll see some of the best military prosecutors prosecuting cases. The alleged victim has their attorney like I believe they are completely obstructionist. Most of the time, the jurors are handpicked by the convening authority or the general. And then you have all of this. You have the might of the US military on the other side. But frequently, you’re given one, military defense counsel, often right out of law school.
That’s a scary proposition. Like, it should be the other way around. This is what we see week in and week out. And let me tell you something else. When I was over there in England, they asked the victim for her cell phone records for I’m sorry for her text messages because she was texting my client back and forth, sending him naked pictures. sexting with him. This was all on her phone. So she’s kind of clueless. And she’s like, I don’t know, what should I do? She asked her SBC. And after that conversation, she tells OSI, I’m not giving you my text message.
I’m like, give you my phone. And then miraculously, all those messages were gone, deleted. And then she got a new phone, and the old phone with all the naked photos she was sending disappeared, and she doesn’t know where it is a lawyer, and I brought this up at the hearing. I don’t care if you’re the victim’s lawyer, whatever, you cannot obstruct justice, you cannot suborn perjury, you can’t lie. You do that what we’ve been doing, Tim. I’m tired of it. I’m tired of these SVCs suborning perjury and destroying evidence in a case those are all crimes. But they also these people are lawyers. And often they forget, they have state bars.
When you destroy evidence in violation of law, you can now expect a bar complaint to be filed against you. And Tim, in this case, we’re lucky because we have evidence that these things were destroyed. Because my client we were able to recover off of his old phone. Some of these text messages that we knew were out there, including about 30 photographs. before, during, and after the affair, where she said my client naked photos saying she wants to have sex.
Yeah. And that’s why one of the things that we always try to do is cell phone forensics on our client’s phone right off the bat, often to prove, because I know for a fact that these alleged victims get into will ask for their phones to ask for their records, because they’re often sexting or flirting with our clients. They talk to their svcs. And mysteriously, they lose the phone. They haven’t lost the phone in three years. But you lost the phone one week after I asked for the evidence. That is suborning tampering with evidence. And what I like to do is I’ve considered calling some of these SPS, especially victim counselors, witnesses.
Now they may try to say that they’re protected, but let’s put them on the witness list. And then let’s see what you can testify to as to it. Did you give me legal advice? Yes, it may be protected. If that doesn’t work. They all have a state bar. Because you because what’s happening is they could give a crap about the accused rights. It’s a win at all costs. And they are it’s a travesty for our systems, what’s happening. And I’ve seen it too. I’ve seen it several times, where especially victim counsel will talk to an alleged victim, and evidence just goes missing. Shocking.
Yeah, Tim, I tell you the only way that I believe in getting a fair shake in the military justice and right now it is really to get in front of an independent jury and go in there with a very experienced lawyer the way that they’re put stacking the deck now I would spare no expense. While there are no guarantees in any sort of case. But if you go in there and just leave it to chance and go with your attorney who could have the best intentions, but he’s only been doing this for a year, you’re gonna get your butt kicked in most cases. A
The problem is getting your butt kicked. One thing is getting your butt kicked and going to jail for 15 years walking out as a registered sex offender. Your wife’s left you, your kids have forgotten about you. They had to go through $100,000 in state funding counseling because Daddy’s a rapist in jail, mom’s found some other guy, now they have a GED instead of a college diploma. All of these things happen because you went in there and tried to just go with what you had. And the might of the US military ran you over. So yeah, it’s getting your butt kicked, but it has extraordinary and unforeseen consequences.
That is, it’s really hard to even envision when you save one person. It makes all the difference. And we tried to do that over and over and over again. But really, just look, you know, speaking with and talking to the family members as they go through this grueling process. It’s very stressful for us as attorneys. We have to relive these, this stressful moment, you know, life or death moments with our clients every week.
The bottom line is it is getting tougher and tougher to fight against this Goliath that is the military system. You have to go in with the best attorney that you can’t afford. Again, I think at the end of the day, I think that the conclusion we can draw from this is that the military system right now is flawed. It’s being manipulated to get convictions.
The senior enlisted advisor for the military, his thought of being the number one goal is protecting the rights of victims who aren’t even victims until a conviction is completely wrong. And at the end of the day, I don’t think you can balance that. I think we can’t balance it, nor do I think you shouldn’t be balancing it. But that’s a fight. We’re gonna be fighting for many years to come, Michael. Okay, Tim, I appreciate your insight on this very touchy, controversial subject, and I look forward to the next time. Great. Thanks. I appreciate it.
It’s not a crime to have sex with someone who has been drinking alcohol. It becomes a crime when that person cannot consent or is unconscious. However, it’s not uncommon in the military for people to accuse other people of sexual assault simply because they had one or two alcoholic drinks, maybe three or four beers. So they have sex with someone that maybe they wish they hadn’t had sex with. And then the next day, instead of taking responsibility for their decision-making, they blame it on alcohol, and it turns into a military sexual assault court-martial.
The initial response to a reported sexual offense is critical. When called to investigate a sex offense, the investigator should document the:
Victims may delay reporting a sexual assault incident for days, months, or even years. Furthermore, it is possible that victims may never discuss the incident with anyone, including family and close friends. It is imperative that investigators discuss the delay in reporting with the sexual assault victim and document the reasons for a delayed report; however, investigators should not construe the fact that a delay in reporting exists as evidence that the incident did not occur.
During the initial contact with the victim, the investigator must instill confidence in the victim that he is qualified to investigate the offense. An investigator’s interest in the victim and a concern for the victim’s welfare are important factors affecting the victim’s sense of safety and also helps in ensuring future cooperation. Avoid using multiple investigators to interview the victim. Whenever a sexual assault victim is interviewed, the victim will be asked if he desires to have a Victim Advocate (VA) or some other support person present (personal friend, chaplain, or other professional); if an advocate is requested, the interview should not proceed until that support person arrives. The only time a support person or advocate will be removed is if they interfere with the interview process. Consider that a family member or friend may be inappropriate, particularly if the victim is a child and the incident occurred in the home or with family members or friends.
When conducting an interview with the military sexual assault victim, it is helpful to explain what is being done and why particularly during the initial stages. When there is enough information to enable other personnel to begin crime scene processing, the victim must be taken quickly to the nearest medical treatment facility for a thorough examination (the victim must consent to a medical examination). Explain that the clothing worn during the attack must be examined for evidence and make arrangements for the victim to obtain a change of clothing.
The interview of the sexual assault victim should be accomplished using the FETI technique. This technique can significantly enhance the quality of the interview and reduce the risk of a victim changing or recanting his story. It can also increase victim cooperation and participation and significantly improve the chances of successful prosecution. The FETI technique is introduced in chapter 3 and outlined in Appendix C. Multiple interviews may be required to fully get through the incident with the victim.
Multiple interviews, while sometimes necessary, should be kept to a minimum as each additional interview re-traumatizes the victim. A victim’s reaction to the assault may vary; however, it is common for a victim not to remember all the details regarding the incident. Certain memories of the incident may become clearer over time, which underscores the need for follow-up interviews.
The victim may feel ashamed, guilty, or embarrassed and believe he may have placed himself into a situation that resulted in the incident. Victims frequently feel as though the incident was their fault. As a result, the victim may be unable or unwilling to provide details that are embarrassing, which could make him appear as though he is hiding something.
A victim may also withhold significant information, not knowing that the information is critical to the outcome of the investigation. When questioned about certain details regarding an incident, a victim may become “hostile” or “defensive” and may be unwilling or unable to cooperate further with the investigation in order to avoid discussing sensitive or embarrassing details regarding the incident. Investigators should expect that a victim will be reluctant to describe extremely unpleasant events and facts.
Interviews of victims of child sexual assault are extremely sensitive and subject to considerable scrutiny. Additionally, after an interview in which a child implicates an adult, there may be pressure on the child to recant his statement. Care must be taken to ensure these victims are put into the care of a supportive adult, which may ultimately be through Child Protective Services, depending on the support of the non-offending parent.
Most victims know the alleged suspect before the incident. It is important to obtain as much information as possible to determine the full extent of the victim’s relationship with the perpetrator. During the interview, the investigator should—
Many investigations involve the issue of whether or not the victim consented to the activity in question. In determining whether or not consent was absent, investigators should conduct a detailed interview with the victim to determine—
Investigators should keep in mind that previous or post-assault consensual sex acts do not preclude the possibility that a sexual assault occurred. The investigator should make every attempt to determine what was different between the consensual and unconsensual incidents.
Do not assume from a victim’s occupation, associates, habits, or appearance that the victim is promiscuous and most likely consented. Do not infer consent from the fact that the victim has associated with the accused. Very few rapes can be categorized as “stranger” rapes, and the likelihood that the victim knew his assailant, even remotely, is high. The courts decide whether or not consent was given. Always consult with trial counsel. Never ignore physical or other evidence of sexual activity just because the accused admits it. All available evidence is collected, and probative evidence will be forwarded to the USACIL for examination.
Statements and accusations that the victim is known to participate in lewd conduct, habits, or associations or has engaged in specific sex acts with the suspect or other individuals may be admissible evidence. These points should be checked in detail. Although these points may be true, such individuals can be bona fide victims of sex offenses. In many cases, the offender considers them easier targets as they have a reputation and are less likely to be believable as victims.
Investigators must be alert for attempts by an accused to make up untrue stories of past sex acts with the victim. A suspect may produce other individuals who claim such experiences. On the other hand, check on efforts by relatives or friends to provide the victim with a good reputation that is not deserved. It is important to remain unbiased, gather all of the facts, and remain vigilant in the pursuit of the truth.
When there is no dispute that the act of sexual intercourse occurred, but there is a dispute over whether the victim consented or not, collect and review all evidence for possible examination. Generally, for adult sexual assault investigations where consent is the only issue, sexual assault evidence will not be submitted for DNA examination.
Criminal defense lawyer, Michael Waddington, discusses the accused’s rights at a UCMJ Article 32 investigation. Call 800-921-8607 to speak with a civilian defense counsel today if you have questions about military law, court-martial cases, or the Article 32 hearing.
At the Article 32 investigation, the accused has the right to have his case heard by a fair, neutral, and detached investigating officer. And at the Article 32. The accused has the right to be present. The accused has the right to have either a civilian or military attorney or both. The accused has a right to confront witnesses that are testifying against him and seeing the evidence presented on behalf of the government, the evidence that the government’s trying to use to put him in prison. The Article 32 investigation is much more robust than your typical grand jury investigation. And it’s something that you should take very seriously. And you should plan your defense at an Article 32 investigation well in advance to set yourself up for success in your case.
Partner Alexandra Gonzбlez-Waddington, has represented hundreds of American military members accused of felony crimes and has aggressively defended some of the most serious war crime cases from the Iraq and Afghanistan conflicts. Alexandra co-authored three leading criminal trial guides on cross-examination, Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide, Pattern Cross-Examination for DNA and Biological Evidence, and Pattern Cross-Examination of Expert Witnesses, published by a leading legal publisher. These books are used by criminal defense attorneys in the United States and globally. In addition, Alexandra was one of the first defense lawyers to serve as a Public Defender for the Augusta Judicial Circuit.
Our firm’s other founding lawyer, Michael Waddington, graduated from Temple University School of Law in Philadelphia, PA, and is a current member of the American Board of Criminal Lawyers, one of the most esteemed legal groups comprised of some of the most respected criminal lawyers in the country. In addition, a few of Michael Waddington’s cases were made into documentary films, such as “Taxi to the Dark Side.” He also commonly lectures on criminal lawyers on military law. Our hard-hitting court-martial defense lawyers will use our skills to defend your court-martial or administrative separation (ADSEP) case.
Trial counsel control. When the defense has a firm hand on the merits or sentencing, presenting some or all of that evidence may help the Trial Counsel appreciate the realities of his situation. However, suppose the element of surprise will help during the trial. In that case, it is usually best not to show the defense case at the preliminary hearing because usually, the government’s referral decision is the same regardless of what occurs during the preliminary hearing.
Opportunity to submit additional information. No later than 24 hours after the close of the hearing, the trial counsel, defense counsel, and victim named in the specification may submit matters that the submitter deems relevant. The defense counsel may also submit matters to rebut those submitted by the government or the named victim. R.C.M. 405(k)(1)-(2).
The Military Rules of Evidence do not apply, with the following exceptions: Rules 301-303 and 305 apply in their entirety. Rule 412 applies, except for the constitutionally required exception in M.R.E. 412(b)(3). Be aware that R.C.M. 405(i)(2)(A)(i) incorrectly refers to the rules of evidence in the 2016 Manual for Courts-Martial (MCM). Military Rule of Evidence 412 was renumbered in the 2019 MCM but otherwise remains substantially the same.
Section V (Privileges) of the Military Rules of Evidence apply, except Rules 505(f)-(h) and (j); 506 (f)-(h), (j) (k), and (m); and 514(d)(6).
For the rules that apply, references to “military judge” means preliminary hearing officer. The preliminary hearing officer is authorized to determine whether evidence is admissible under M.R.E. 412(b)(1) or (2), but the “victim may directly petition the Court of Criminal Appeals for a writ of mandamus under Article 6b.” R.C.M. 405(i)(2)(C).
Typically, counsel should have a copy of DA Pam 27-17, Procedural Guide for Article 32(b) Preliminary Hearing Officer (June 18, 2015), until published an updated version.
Before charges can be referred to a general court-martial. Art. 32(a)(1), UCMJ; R.C.M. 405(a).
The exception to the Article 32 requirement. Adequate substitute. R.C.M. 405(b). Suppose there has already been a preliminary hearing of the subject matter of the offenses before the accused is charged, and the accused was present and afforded the rights to counsel, cross-examination, and presentation of evidence. In that case, no additional preliminary hearing is required. This does not happen often.
The accused may waive the preliminary hearing. Art. 32(a)(1)(B), UCMJ; R.C.M. 405(m); R.C.M. 705(c)(2)(E); and R.C.M. 905(e). Article 32 is a personal right of the accused and usually cannot be waived by a defense counsel without the accused’s informed consent. United States v. Garcia, 59 M.J. 447 (C.A.A.F. 2004) (finding the civilian defense counsel ineffective by waiving the Article 32 hearing without the client’s consent). See the United States v. Von Bergen, 67 M.J. 290 (C.A.A.F. 2009) (finding harmless error where the accused was denied an Article 32 investigation after he withdrew from his pretrial agreement after his original guilty plea was reversed on appeal). Be aware that, as stated in R.C.M. 405(m), the government may go forward with the Article 32 preliminary hearing even if the accused waives it.
The preliminary hearing will be limited to an examination of these issues:
First, determine whether the specification alleges an offense.
Second, determine whether there is probable cause to believe that the accused committed the offense charged.
Third, determine whether the convening authority has court-martial jurisdiction over the accused and the crime.
Recommend the disposition that should be made of the case. R.C.M. 405(a) and (e)(1). The Article 32 preliminary hearing scope remains narrow, but it is not as narrow as the government likes to argue.
The second and fourth purposes are relatively broad. “Probable cause” must be based on the “totality of the circumstances,” including issues such as the credibility of witnesses. A recommendation on the disposition of a case requires the hearing officer to consider the policy, factors, and options referenced in R.C.M. 306(b) and its Discussion, R.C.M. 306(c), R.C.M. 405(l)(2)(J), and Discussion, and the non-binding Disposition Guidance outlined in Appendix 2.1 of the MCM.
The preliminary hearing is not intended to serve as a means of discovery. Although the discovery language was removed from R.C.M. 405(a), it remains in the Discussion. Defense counsel should not argue discovery as the purpose for any action because the hearing is limited to the stated purposes. However, discovery is still a likely consequence of the other stated goals of the preliminary hearing. See also R.C.M. 404A.
Uncharged offenses can be examined. Art. 32(f), UCMJ; R.C.M. 405(e)(2). Suppose evidence adduced during the preliminary hearing indicates the accused committed any uncharged misconduct. In that case, the preliminary hearing officer may examine evidence and witnesses relating to the uncharged offense(s) without preferral of additional charge(s), provided notice, and certain rights are afforded to the accused as outlined in R.C.M. 405(f).
Article 32 preliminary hearings are quasi-judicial proceedings, not a disciplinary or law enforcement tool within the context of Article 31. Accordingly, the Article 31 requirement for warnings does not apply at trial or the Article 32 proceeding. United States v. Bell, 44 M.J. 403 (C.A.A.F. 1996).
Convening authority. R.C.M. 405(c). Any court-martial convening authority (including a summary court-martial convening authority) may direct an Article 32 preliminary hearing. Usually, the special court-martial convening authority (S.P.C.M.C.A.) will order it. Thus, there are usually no issues here but look for convening leaders who are the accuser, a nominal accuser, or have more than an official interest in the case. Art. 1(9), UCMJ. See, e.g., McKinney v. Jarvis, 46 M.J. 870 (A. Ct. Crim. App. 1997); United States v. v. Dinges, 55 M.J. 308 (C.A.A.F. 2001).
Preliminary hearing officer. The preliminary hearing officer shall be an impartial judge advocate unless impracticable due to exceptional circumstances. In exceptional cases, the convening authority may appoint an impartial officer. An impartial judge advocate shall be available to provide legal advice to the preliminary hearing officer. Art. 32(b)(1), UCMJ; R.C.M. 405(d)(1).
In the Army, for sexual assault-related cases, the preliminary hearing officer must be a judge advocate without exception. DA Pam 27-17, para. 1-4b. Although the DA Pam is not yet updated, this requirement remains the Army Rule, and defense counsel should argue this point if it is in their client’s best interest.
Whenever practicable, the preliminary hearing officer shall be equal or senior in grade to the detailed military counsel for both sides. The preliminary hearing officer must be impartial. It may be appropriate to voir dire the preliminary hearing officer. The preliminary hearing officer may not be the accuser in the case.
The preliminary hearing officer must be impartial but not disqualified merely because of: C.M.R. 639 (A.F.B.R. 1954). (1) Prior knowledge about the case.
If you have been accused of a crime, then the military already believes you’re guilty. So they have people out there investigating prosecutors plotting and getting ready to charge you. So that’s the point time, or you need to get someone involved to represent you and advocate for your rights and tell you what to avoid doing and what to do to possibly get that case dropped before you are charged.
Soldiers, Sailors. Airmen, Marines, and Coasties require uncompromising military lawyers to advise them at their court-martial or administrative separation hearing. Therefore, if you are suspected of a military crime such as Sex crimes, Murder, Abusive Sexual contact, Conspiracy, or Failure to Obey Order or Regulation, then contact our relentless criminal defense attorneys now.
The UCMJ forms the backbone of the military’s legal system and applies to all active duty, national guard and reserves, and retired armed forces personnel across all branches. If you or someone close to you has been charged with a crime under the UCMJ, you must turn to military defense lawyers for help right away. Find a hard-core military lawyer at Gonzalez & Waddington. As a former member of the US Army’s Judge Advocate General’s Corps (JAG), fierce civilian military defense attorney Michael Waddington has a proven track record of representing American Military personnel in criminal and non-judicial matters.
American military members need to know their rights. US Soldiers, Sailors, Airmen, Marines, and Coasties have the Constitutional right to be defended by our military lawyers.
Our civilian-military defense lawyers can manage your allegations and defend your freedom. Whether you are facing allegations such as Sex crimes, Maiming – Article 128a, UCMJ, Sexual Assault of a Child, Conspiracy – Article 81, UCMJ, or Assault of Superior Commissioned Officer – Article 89, UCMJ, the hard-core military attorneys at Gonzalez & Waddington can help.
If you are considering hiring a lawyer and are not sure how much experience they have, it is appropriate to ask the attorney how many years of experience the firm you hire has in handling this type of case. You will be better off keeping a law firm with several lawyers who practice criminal defense for years to work together to plan out your defense plan.
Many people do not realize that including another defense lawyer at the start of the process can save money. Your firm’s lawyers should be able to work as a team and be familiar with your case. When you hire a single attorney from a criminal defense firm, you know that one of the many criminal attorneys in the firm will always have your case under control.
The cost of a criminal defense attorney can depend on several factors, including the lawyers’ experience, reputation, track record, and geographical location. It is best to invest in an experienced and qualified lawyer, especially in serious criminal charges. Whether or not you face serious charges on the indictment and whether or not you are guilty, the costs will fluctuate with your case.
If you are charged with an offense, an offense that could result in a long prison sentence, you should hire a defense attorney. Your lawyer may try to dismiss your case for lack of evidence, or you may reach a plea deal to reduce the charge. A criminal defense attorney may negotiate a dismissal of the charge, or, if not, he may reduce your sentence with a plea.
One of the main advantages of seeking legal representation is that a competent defense attorney will be able to list or dismiss your criminal charges in such a manner that there are no formal charges against you. With an experienced defense attorney, crimes can be reduced to misdemeanors, and prison sentences can be halved. In addition, if a defense attorney knows how to navigate the criminal proceedings, the chances are that the charges against you will be reduced if you try to defend yourself.
Obtain a criminal defense lawyer if you or someone close to you has run afoul of the law or is facing serious criminal charges. In some cases, you can hire criminal defense attorneys before you are charged with a crime, but if you think you might be the subject of a criminal investigation, the sooner, the better for you. If an indictment is inevitable, it may be in your interest to hire a lawyer before you are arrested.
If you’ve been accused of a crime, one of the most important things you can do is hire a good military defense lawyer. Defense attorneys handle various criminal cases, including misdemeanors, misdemeanors, drug offenses, white-collar crimes, and many other federal and state crimes. Since legal matters are handled differently from arrests, types of a warrant, and legal advice, a qualified criminal defense lawyer can protect your rights and ensure the best result for your case.
If you face an assault or battery charge from another party claiming that you have acted criminally, hire an outstanding defense lawyer to help you fight your accusations. It is essential to have a criminal defense lawyer at this stage, as this can influence the decision to bring or drop charges and reduce the sentence. In addition, criminal law and penalties vary by state, so it is important to have a lawyer who has experience in military, state, and Federal court systems.
This is a common defense strategy used by many lawyers in the fight against assault and battery charges. First, the defense counsel tricks him or her into agreeing on a so-called “walk-through arrest” or “arrest date,” during which the defendant presents himself to the district judge, as agreed in advance. Then, the case is resolved instead of going to trial by letting the defense negotiate a plea deal, also known as a plea agreement or no plea deal.
The book begins with an introduction to unusual firearms. It then deals with forensic examinations of bullets fired, medical and legal evidence, traces of shots fired, and examination of cartridges and charges of firing. The identification of bullets, cartridge casings, serial numbers of firearms, gun residues, weapon types and models, gunshot scars and wounds, and gunpowder analyses are other relevant areas of the field.
This type of testing can be used to determine the location where a particular shot was fired. Examination of individual and class characteristics of unused bullets spent cartridges and the gun remains recovered on the scene can identify the shooter and determine the firearm’s location. It can also help classify, manufacture, calibrate, measure, and track ammunition traces, identify bullet tracks, determine who fired the gun, and establish links between the shooting and other crimes.
Ballistic fingerprints and firearm identification are the same forensic group as tool identification: firearms are tools that leave traces or imprints on spent shells and bullets. When investigators recover a bullet from the scene, forensic investigators examine the weapon fired and compare the marks on the bullet at the crime scene with the marks on the bullet fired. Instead of analyzing ammunition found on the scene, ballistic experts say that when ballistic fingerprints are taken, the traces on ammunition are examined to determine which weapon fired the bullet.
Forensics and ballistic experts are adept at examining evidence such as bullets, gunpowder remnants, shell casings, and firearms to draw conclusive conclusions about the exact weapon used, distance, speed, and firing angle of the shooter themselves. Ballistic evidence, including bullet remnants, trajectory angle, distance from target, entry and exit marks, and damage, can be used to reconstruct events that occurred during the commission of a crime. Ballistic deals with the identification of specific markings a firearm made on a bullet, the angle and trajectory the bullet traveled after firing, and the damage it caused when it hit a surface.
In crime scene investigations, forensic ballistics has become synonymous with the match of the seized bullets, their casings, and the firearm from which they were taken. In criminal investigations, forensic ballistic and ballistic fingerprints (also known as forensic firearms testing) help to reconstruct crime scenes with firearms. A forensic firearms investigation will seize certain pieces of evidence, including the serial number of the weapons and fingerprints left on the weapon’s surface.
For investigations where firearms are used as suspects, a number of artifacts can be collected for inspection, including cartridge caps, bullets, live ammunition, trace materials, and material damage to projectiles. For the forensic ballistic examination, the evidence relating to the firearm at the scene includes the effects and behavior of projectiles and explosive devices. Forensic ballistics experts can also compare bullet fragments and other evidence with the weapons of suspected suspects and others involved in the case.
Ballistic experts examine shrapnel casings, bullet fragments, clips, and firearms at the scene in a crime lab. They understand the different marks a firearm leaves on bullets after it is fired, including marks on the rifle, barrel, and other stripes on the projectile. They model the crime scene to identify the firearm and explosives used and conduct chemical analyses to determine which weapons were used.
The equipment used to examine a firearm includes the above items, as well as specialized equipment to measure the trigger of the firearm and examine the inside of the barrel. Once the expert has completed these tasks, restore the serial number, examine the detection tools, and mark and determine the firing distance from the barrel to the target. The facility will also test the fire emanating from the firearm to recover the bullets, and cartridge casings fired.
Bullets fired at the scene can detect what type of weapon the offender has used and whether or not the firearm is linked to other crimes. A preliminary examination of bullets can rule out a large number of weapons by examining the general characteristics of the bullets seized. The examination of cartridges equipped with metal casings containing bullets, propellants, and primers can provide important information for the examination.
Investigations of markings found on bullet impacts and spherical surfaces can determine which weapon the offender used. Various pieces of evidence recovered at the scene can be used to establish this, including spent ammunition casings, bullet residues, and marks of wounds, and other gunshot wounds. This behavior is useful for law enforcement in identifying suspects who are in possession of a firearm used to fire the bullets found at the scene.
Ballistic fingerprints and the identification of firearms can be exploited to produce a firearm by leaving it with interesting engravings, spent packaging, or bullets. Other firearm evidence found at the scene may include bullets and clusters of bullets, which may indicate the size of the firearm. A small selection of this information may be developed to indicate the type of firearm used and identify the actual firearm used.
Ballistics is related to the trajectory of projectiles and is associated with forensic science and firearms investigation by examining the path of a bullet as it exits the firearm and hits the target. Forensic ballistics experts examine guns and spent bullets to identify firearms or at least the type of firearm used to commit the crime. Bullets fired at the scene are being investigated in the hope of finding more clues.
Traces of gunfire can also be found during autopsies and in the emergency room. The Firearms Settlement, also known as Ballistic Test Application, involves identifying evidence at the scene, such as cartridges fired, bullets, cartridge casings, or remains that might have been fired from a particular firearm. The ballistic expert will enter the information found on the used cartridge or bullet number into a ballistic database such as the ballistic database FBI’s or DrugFire, a computerized forensic firearm identification system.
A court Martial is not a search for the truth. If you’re going to court-martial, the prosecution will try to we’ll try to win the case at all costs. They’ll call witnesses that they think will help convict you. They’ll put on evidence that they think will help convict you. And if you are not guilty of the crime, or what the prosecution is alleging that you did misstatement or mis characterization, then you need to aggressively defend it.
The only way that the truth will come out in a court-martial is if you have an experienced attorney and take down line witnesses. A military defense lawyer is good at exposing prosecutors, cutting corners, and not showing all the evidence. An attorney who is ready, willing, and experienced enough to take your case to a military jury and fight it until the end and prove your innocence.
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If you have been accused of a crime, then the military already believes you’re guilty. So they have people out there investigating prosecutors plotting and getting ready to charge you. So that’s the point time, or you need to get someone involved to represent you and advocate for your rights and tell you what to avoid doing and what to do to possibly get that case dropped before you’re charged.
It is considered the most important type of evidence because it is helpful to prove that physical, sexual contact has taken place and identify the perpetrator. This article will explore what types of DNA evidence are used in rape and sexual assault and how the defense can use them. As the use of DNA in trials becomes increasingly complex, those accused of rape or sexual assault will want to consult a sex crimes defense attorney who has experience in this process to ensure that there are no opportunities to be exploited to protect their rights and avoid criminal charges.
In cases where the rapist is unknown to the victim, investigators can submit DNA classifications of biological material seized at the crime scene to the Federal Bureau of Investigation’s database of DNA profiles of convicted offenders, unsolved crime scenes, and missing persons. Biological Evidence Collection Biological evidence and DNA studies are useful in ascertaining sexual contact and making suspicious identification. For example, in many sexual assaults, biological evidence left by the perpetrator (semen and saliva) is collected by a doctor in a standardized set of sexual assaults and analyzed for DNA.
In addition, the DNA collected must be known to everyone at the scene, including responding officers and witnesses, and you must have had consensual sexual intercourse within 72 hours. Once the DNA is taken, there are protocols for handling and using the evidence in the investigation.
Biological evidence such as sperm, blood, vaginal secretions, saliva, and vaginal epithelial cells can be identified by the type of criminal laboratory. The information derived from this analysis can help determine whether sexual contact has happened, provide information about the circumstances of the incident, and compare it to reference samples taken by the patient or suspect.
In the United States, the investigation of rape cases is slow, largely because of the difficulty of obtaining DNA results from the evidence of sexual assault (SAKS). There is no doubt that DNA technology can strengthen investigations and prosecutions in sexual violence cases. However, there is a need for training in collecting and preserving evidence, which is an important shortcoming.
Police have used rapid DNA testing to go beyond normal law enforcement practice, analyze crime scene traces and take DNA samples from suspects of minor crimes. An FBI task force monitors how local and state law enforcement agencies are using rapid DNA and crime scene evidence and how technology is improving.
When law enforcement investigates cases of sexual assault, DNA evidence can affect or break the outcome. As a result, the judiciary relies heavily on various types of evidence to link suspects to crime scenes, victims to sexual assault cases, and forensic evidence used to corroborate or refute allegations of fact. Other evidence that can be used along with DNA evidence includes evidence of injuries consistent with rape or sexual assault, phone records, texts, social media posts, and interviews with potential witnesses.
Trained investigators will search for DNA traces at locations relevant to the case, such as the crime scene. Evidence gathered at the scene, and medical examinations of the victim are also crucial to obtain DNA evidence to identify the perpetrator.
DNA evidence can be collected on the body or clothing of a person who has survived an attack or sexual assault during a forensic examination. In most cases, victims’ clothing is searched for evidence of a crime in the hospital.
If the attacker is unknown to the victim, the rape kit returns with usable DNA, and the DNA profile is entered into a large database of FBI profiles called CODIS to try and identify the suspect. If the copy is meaningful, it is matched with a reference sample, which means that the suspect can be identified, making DNA evidence relevant in cases of gang rape and conflict-related violence in which the perpetrator is unknown.
DNA evidence cannot further determine whether sexual contact was consensual, which is one of the most controversial issues in cases of gang rape or conflict-related violence where the perpetrators are often unknown. Biological evidence such as semen may indicate that sexual intercourse has occurred, but this alone does not constitute rape. Many cases of sexual violence are based on first-hand accounts and other evidence that does leave room for interpretation.
In addition to the problems with DNA evidence, cities, states, and the federal government often focus so much on proving a sex crime when pursuing sexual assault cases that the analysis tends toward prosecution. Inconsistencies in state policy have led to incomplete information from law enforcement agencies and a lack of knowledge from survivors, who often do not expect that the evidence collected in their cases will not match reality.
The NAESV supports state and federal policies and laws that require forensic examination kits reported in sexual assault cases to process DNA and other evidence within a reasonable period. Results are recorded in state and national databases.
Tests for SAHs and forensic DNA samples can help connect the dots and give a complete picture of an offender’s behavior than what is documented in criminal records. Testing sexual assault kits (SACs) to examine the rate of DNA matches in cases provides a new way to investigate repeat crimes. However, policies should be considered for reporting DNA matches in older cases, and protocols should be developed that are victim-centered and sensitive to the impact of contact with rape survivors many years later.
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ncbi.nlm.nih.gov/pmc/articles/PMC4637504
