Don’t let the police search your phone (without a warrant)!

Military Defense Lawyer Answers Commonly Military Law Questions

Don’t let the police search your phone (without a warrant)!

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In this video criminal defense attorney Michael Waddington discusses how to avoid a criminal conviction. The easiest way to avoid a criminal conviction is to not commit any crimes. However, even if you’re innocent, don’t speak to the police or give them your cell phone. Call 1-800-921-8607 to speak with a criminal defense attorney today.

Don’t let the police search your phone (without a warrant)!

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Criminal Defense Attorney explains in  this video.

Don’t Dump the Prosecutor’s Paralegal… Or, You’ll be Charged With Rape!

U.S. v. Army E-6 – Fort Polk, LA/JRTC

Don’t dump the prosecutor’s paralegal… or, you’ll be charged with rape!

Max Punishment: 2 LIFE SENTENCES
Discharge: NONE
Location: Fort Polk, LA & Kandahar, Afghanistan
Branch/Rank: Army/E-6

Summary: Our client, a Combat Engineer, was accused of raping two women (a US Army soldier/JAG Paralegal and one British citizen). Later, the prosecution claimed that he sexually assaulted two additional people, for a total of four alleged victims. He faced 14 different allegations, over 100 years in prison, and sex offender registration. Mr. Waddington and CPT Brian Greco defended this case.

Our theory:

The two primary victims were scorned ex-lovers out for revenge.

This trial was like an episode of Dr. Phil mixed with Jerry Springer. In and out of court, there was crying, lying, and a lot of drama. We had a local stripper in the audience, a bunch of British witnesses that hated each other, and the British victim kept accusing the defense of intimidation because we were laughing with our client outside of court at the smoke pit, which was completely authorized. She peeped out the window and was offended by us laughing. The prosecutor then scolded us for laughing in public and asked us to stay hidden.  Our response was to laugh even louder.

When the trial began, the prosecutor was literally crying during her opening statement while pointing at my client and calling him a rapist.

The two alleged rape victims took 3-4 hours EACH to tell their stories. It was painfully boring. The prosecutor kept asking, “How did you feel?” about every minor detail of the case.  While how they “felt” was not relevant, the defense intentionally did not object. Instead, we let them blab on and on to the point where the jury stopped listening. 90 minutes into their testimony, the jury stopped paying attention and some jurors were falling asleep. Few people can pay attention to 4 hours of fake sobbing. After the first box of tissues, the jury tuned her out.

On cross-examination, these witnesses were quickly cut to shreds when confronted with lie after lie. After impeaching her with numerous blatant lies, one victim’s neck (the JAG paralegal) started to twitch. It would have been amusing, but for the fact that our client sat falsely accused of heinous crimes.

During Mr. Waddington’s closing argument, the paralegal “victim” brought her husband into the court to watch. When Mr. Waddington talked about all of her lying and cheating, she ran out of the courtroom in tears, in the middle of the closing. Apparently, she never told her husband about her love affair with my client or the fact that she was bragging about my client’s sexual prowess to fellow soldiers, while she was with her husband.

The jury deliberated for about 60 minutes. The defense witnesses went out to party and Mr. Waddington went to his hotel to rest for his next case the following Monday in Norfolk, VA.

How to Hire the Best Military Defense Lawyer for Your Case

Selecting the Best Military Defense Attorneys

In this post, I am going to talk to you about how to choose the military attorney that’s going to handle your case. Now, if you have been charged in the military, the odds are stacked against you. There is a very good chance that you are going to jail. The government is going to do everything they can to make sure that you go to jail and that you are kicked out of the military.

Court Martial Lawyers – Alexandra González – Waddington & Michael Waddington Attorneys at Law

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Put together the best defense team

What you have to do…? And the only thing you can do is put together the best defense team that you can possible. If you don’t do that than your chances are very slim. Well, how do you go about putting together the best defense team possible or choosing a civilian or military defense attorney? You have to do homework. And I can’t stress how important it is that you do your homework.

I will give you an analogy. Let’s say your son or daughter is facing serious medical conditions… a brain tumor or something of that nature. And they have an 80 to 90% chance of not surviving this tumor. There is a procedure out there that you can have brain surgery done and there is a chance that you may survive. So, you have a 10-20% chance. That’s kind of what your chances are in many court martial situations.

You are not going to just go with any doctor, especially not a doctor that the army or some government agency gives to you for free. You get to try to find out if that doctor is qualified. And if you talk to that doctor and you learn from that doctor that who is going to operate on your son or daughter that the doctor has never done a surgery before or has a 100% failure rate at saving the lives of his other patients, you are probably not going to go with that doctor.

Diligence when picking your military lawyer

You need to use the same diligence when picking your military lawyer. A lot of military defense lawyers have a lot of self confidence and they will tell you how they will take care of you. They are the right attorney for the job. They are confident that they can get you a good result. You know, the confidence doesn’t win trials, experience does. Experience and skill!

There are few questions that you have to ask, either your military lawyer or any perspective civilian lawyer before you hire that attorney or you choose to go to court with that attorney. One of the basic questions that you should ask an attorney is about the success rate. You should ask them, “What are the results of the last 10 jury trials that you have did… that you did?”

The Best Court Martial Lawyers Have a Winning Track Record

If they haven’t done 10, then figure out what the last results were of any jury trials they did. If they have never done a jury trial then that’s a red flag that that attorney probably doesn’t have the experience to take your case to trial and get an excellent result.

When were these cases done?

Another thing you would want to ask that attorney, “When were these cases done? Where they have done it in front of an illicit panel or jury or an outside panel, where they are in front of the judge…”

You want an attorney that has at least tried… at least tried at a minimum 10 to 15 jury trials in the military system. Now, not every military attorney has done 10 to 15 trials. Lot of civilians haven’t done even 2 to 3 trials and gotten good results. But, you want to try to gauge how experienced that attorney is. But, a good starting point is 10 to 15 jury trials at a minimum.

Real Costs of a COURT MARTIAL Conviction and Discharge

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The next thing you should ask the attorney is, “Of those… Of the last 10 clients you had, how many of those clients were retained? How many were retained and how many were kicked out of the military?” You know, one of the big things that’s going to affect you for the rest of your life is whether or not you get a discharge. A military defense attorney that is 0 for 10 in getting his clients retained is probably not the attorney for you. If you want to be retained, in much…Most people want to be retained.

“How Many Court Martial Case Have You Won?”

Now the other thing you want to ask the attorney is, “One in all the last 10 cases, how many those cases were acquittals, either partial acquittals or full acquittals. And then weigh and balance their experience against other attorneys that you talk to.

And other thing you want to ask the attorney is, “Of those past 10 clients that you had, how many of those clients were sent to jail? And of those 10 clients, what were their charges? And of those 10 clients what was their jail time?”

If you have an attorney who has never contested a case or in the cases that he has contested, he is 0 for 10 in getting…I should say, 10 in 10 in getting clients sent to jail for lengthy periods of time, then again weigh and bounce that attorney’s results with the other attorneys that you speak with.

Attorney’s relationship with the prosecution

Another very important factor is what is this attorney’s relationship with the prosecution, the SJA office? The SJA office is the General’s or the Convening Authority’s lawyers. Ask and find out, what their relationship is with these folks? If they go out drinking with them, if they are roommates with them, if they are best friends with them, if they plan on going to work with these individuals or they just left that same office… And now one minute through the prosecutor, now they will be your defense attorney, that is a red flag.

Call our experienced military defense attorneys for a consultation. Our military criminal defense lawyers have fought US Army court martial and administrative separation (ADSEP) cases in the United States and globally.

When should I get a military defense attorney involved in my case?

Borderline Personality Disorder & False Accusations in Military Sexual Assault Cases

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When should I get a military defense attorney involved in my case?

The answer is simple. If you’re asking that question, then you definitely need a military defense lawyer in your case. If you have any doubts about what’s going to happen, what your options are, how to act, whether or not you should speak with law enforcement or not speak with them, whether or not you should consent a search, or if you just want peace of mind, you should go out and find a defense attorney. It doesn’t have to be a civilian defense attorney.

Militarylawyers245 1 Gonzalez &Amp; Waddington - Attorneys At LawEach branch in the military has three defense attorneys that can be appointed to your case or if you haven’t been charged, they can advise you on how to proceed, whether to speak or not speak, whether to consent to searches or not consent.

All those types of questions both military defense attorneys on active duty and civilian military defense attorneys can answer. And they can give you peace of mind and help protect your rights.

Many people say I’m going to wait, I’m going to roll the dice, I’m going to wait to see what happens. That waiting to see what happens is generally is not a good strategy, especially if you’re facing serious felony level charges or misdemeanor charges in the military.

If you wait to see what happens, then it’s often too late. Sometimes if you get a military lawyer involved in the case whether civilian or military from the beginning where they can advise you on what to do, then you end up getting a lot better outcome. Those who wait to the very tail-end of the case, and some people wait until a week before their court martial jury trial to go out and either hire an attorney or get actively involved putting up… putting together a defense.

By that point, it’s often too late, the damage is done. What you should do, if one of the following things apply to you or a loved one, you should go out and hire an attorney or get a military attorney.

Number one, you’ve been accused by someone of a crime, or you think you may be accused. Two, the agents have called you in their office and they’re reading your rights. If you’re at that point where agents are reading your rights, then they believe that you’re guilty of a crime. That’s how it works.

Militarylawyers215 1 Gonzalez &Amp; Waddington - Attorneys At LawWhen you’re called in and they tell you that you are suspected of manslaughter, rape, larceny, then those agents believe in their minds that it’s probably likely that you’re guilty.

So, they’re not advising you of your rights because they’re trying to look out for your best interest because they’re your friends, they’re advising you of your rights because they think you’re guilty and they have to advise you of the rights, of your rights before they can get your confession.

And you know what? If you sit down with these skilled investigators in the military, there’s a good chance they’re going to get either a confession, meaning you admitting to something or just an admission of guilt where you admit to parts of an offense even if you don’t realize that you’re admitting to it.

And the last thing that should trigger you wanting to get a attorney on your case is you’ve actually been given a charge sheet, whether it’s an Article 15 or NJP charge sheet or an actual court martial charge sheet.

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If you get one of those and it’s handed to you, then you need to run to the nearest defense office or get on the phone and get a defense team put together. You snooze, you lose, guys. You need to get someone on board quickly that’s competent and aggressive if you want to have the best chance of success in your case.

Ashley Madison Names – Leaked Will It Result in Court Martials?

The full article is posted here: http://www.usnews.com/news/articles/2015/08/19/ashley-madison-using-troops-may-have-bonked-their-careers
By Steven Nelson
Americans overwhelmingly believe adultery is morally wrong, but information stolen by hackers from affair-facilitating website AshleyMadison.com – and posted online this week – may result in more than dirty looks and broken relationships for U.S. military personnel.

Court Martial Lawyers – Alexandra González – Waddington & Michael Waddington Attorneys at Law

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Sexual assault in the military

That’s because cheating on your spouse is a crime if you’re a member of the military – a potentially worrying detail for operators of nearly 10,000 .mil email addresses that appear to be associated with Ashley Madison accounts.

Military law experts say it’s unlikely many of the troops would receive a court-martial or the maximum penalty of one year in prison and a dishonorable discharge, but believe a wave of lesser, though still severe, consequences is possible.

Adultery, the criminal charge, rarely is the sole basis for a criminal investigation and charges in the military, but that’s not always the case for higher-ranking officials or those dating subordinates or the spouses of colleagues, the experts say.

“When you’re talking about thousands and thousands, it’s probably going to be coming from all ranks, and the disposition may vary based on rank,” says Victor Hansen, a former military prosecutor and defense attorney.

Hansen says he helped quietly resolve adultery investigations against officers about a decade ago and says “the Army’s response typically was to reprimand the officer and quietly retire them, usually at a reduced rank,” resulting in a smaller pension.

Hansen, who now teaches at the New England School of Law, says that probably remains the approach.

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The military has little interest in seeing the sex lives of officers on the front page of newspapers, he says, and without congressional pressure it’s unlikely military prosecutors “are going to go out and troll the waters of these websites proactively.”

Hansen notes “a lot of this is going to center around proof” and says officers who zealously oppose adultery are likely to be warned off recommending charges against low-level troops on the basis of minimal evidence by their military law advisers.

“That tends to have a particularly dampening effect on a commander who might have a crusade for a particular type of crime,” he says.

Hansen says lower-level members of the military can still get letters of reprimand in their military files. The military generally is an “up or out” organization, and troops unable to be promoted due to misconduct would have few options but to leave.

Richard Rosen, a former commandant of the U.S. Army Judge Advocate General’s School, says adultery often was used as an add-on charge for alleged crimes such as rape, but also stemmed from improper officer-subordinate relationships.

“If you have a four-star general who’s on this site, people might feel differently,” he says.

A decision to bring adultery charges under Article 134 of the Uniform Code of Military Justice “really depends upon whether the government can show discredit upon the armed forces or that it’s prejudicial to good order and discipline,” he says.

Real Costs of a COURT MARTIAL Conviction and Discharge

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“They would have to prove one of those two things,” says Rosen, now a professor at the Texas Tech University School of Law. “So if you have a low-ranking enlisted person, the chances are you aren’t going to get an adultery court martial, but it may be different for a general officer.”

Still, Rosen says ordinary members of the military could tattle on their peers outside the chain of command, kicking off a probe that could result in a letter of reprimand, ending career prospects.

Military Defense Counsel and Conflicts of Interest

Military Defense Counsel and Conflicts of Interest

Choosing the Best Military Lawyers for Your Case

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Sometimes, service members accused of crimes in the military will call and say that they are not really sure about their military lawyer, the lawyer that they were appointed in their case. And one of the things that they, that they are unsure about is that they see this lawyer hanging out with, socializing with, sometimes out drinking with, hanging out with, partying with the prosecution or their Commander.\

Whether or not you want to stick with that lawyer is a personal choice. Often in the JAG Corps, the defense is forced to socialize at certain events with the prosecutors in the JAG Corps. There is nothing wrong with that. The problem comes in when, when it goes beyond socializing at a military function as a military ball, I mean, everybody has to go to that and socialize.

Military sex crime attorneys

But, if you see your military defense counsel out at a bar with the prosecutor, your Commander, drinking and it looks like he’s friends with that person, you might wanna confront him about that because there could be a potential conflict of interest. You don’t really want to have an attorney who’s drinking buddies with the same person who’s trying to throw you in jail. That’s generally not a good idea.    

What are Collateral Consequences of SEX OFFENDER Registration?

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Unlawful Command Influence – So What, the Case Will Go Forward

The Wright case moves towards trial

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by Zachary D Spilman

This blog is reposted from caaflog.com/2015/08/13/the-wright-case-moves-towards-trial/

What are Collateral Consequences of SEX OFFENDER Registration?

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The Wright case is an Air Force sexual assault prosecution that was dismissed last year by Air Force Lieutenant General Craig Franklin. After General Franklin dismissed the charges, authority over the case was transferred to Air Force District of Washington in Maryland, new charges were preferred, a second Article 32 pretrial investigation was conducted, and the charges were referred to trial. Litigation of defense claims of unlawful command influence followed, and the trial judge eventually abated the proceedings after the Government asserted an attorney-client privilege over documents sought by the defense in connection with those claims. The Government appealed that abatement and the AFCCA reversed, finding that the military judge’s findings were incomplete.

I discussed the AFCCA’s decision in this post. I summarized our past coverage in this post.

Now Stars and Stripes report here that the case will proceed to trial despite a finding of improper influence by senior Air Force officials:

Lt. Col. Joshua Kastenberg, in a July 30 ruling in response to a defense motion to dismiss the case against Airman 1st Class Brandon T. Wright, found that Lt. Gen. Richard Harding, formerly the Air Force Judge Advocate General, had improperly influenced the case or had given the appearance of doing so.

Sexual assault in the military

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One such instance, the judge ruled, was recommending that Wright’s case be transferred to another court-martial convening authority for a do-over after the first convening authority, Lt. Gen. Craig Franklin, dismissed the case in the summer of 2013. Franklin’s dismissal came after an Article 32 investigative hearing at Aviano Air Base, Italy.

Such transfers are almost unheard of. It happened in the Wright case, Kastenberg’s ruling says, in part because Harding was worried that “the failure to have charges preferred against SrA Wright would enable Senator Kirsten Gillibrand to gain needed votes on a pending bill to remove commanders from the court-martial process.”

Yet none of these actions affected the current case against Wright, Kastenberg said, because all parties involved in the second investigation — at the Air Force District of Washington — acted independently, with no unlawful command influence. As a result of that investigation, a convening authority sent the case to court-martial.

DeAndre Jones False Sexual Assault Allegations

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Fake Sex Assault Victims Deserve Protection

Innocent Men Convicted of Sexual Assault are “Collateral Damage” in the military’s “War on Sexual Assault”

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What is more important?
1) Protecting military members who are falsely accused of sexual assault; or

2) Protecting alleged victims, including those making false allegations?

marine corps why not protect the innocent and abide by the US Constitution which every military member has sworn to support and defend against all enemies foreign and domestic?

Military leadership should be able to support the Constitutional Rights of service members AND protect victims. Supporting the Constitution and Due Process, above all else, would protect the accused and actual victims. It would also prevent false convictions.

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According to Marine Corps Sgt. Maj. Bryan Battaglia, the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, protecting all alleged victims, including those making false allegations, is more important than protecting innocent men.

As one of the top enlisted in the US military, he should put as much emphasis on protecting the Constitution as he does on protecting lying “victims.”

In the current military, you are guilty once accused of sexual assault, regardless of the evidence. Your best chance of escaping a false sexual allegation is to hire the best team of civilian defense lawyers as you can afford. Even then, there are no guarantees because the military will do whatever it takes to win… regardless of your actual innocence. The military leadership wants as many convictions as possible to prove to Congress that they take sex assault seriously. If convicting innocent men helps their cause, then so be it. This is what the military calls “Collateral Damage.”

I have yet to see a military leader step forward and voice concerns about the number of innocent men put on trial.

Nobody questions why so many men are being acquitted of sexual assault at trial. It’s a no brainer – the military is putting hundreds of innocent men on trial every year. Some actually get convicted.

If a senior leader dared to question why so many innocent men were being sent to court martial, he would be fired and forced to retire.

I have handled dozens of cases where the alleged victim is caught in outright lies, recants, admits on the stand that they are not a victim (but the SARC and JAG told them they were a victim), some change their bogus stories over and over again… and these people are still considered “victims” and receive VA benefits for life, choice of assignments, and other special treatment, such as not having to take on certain jobs. NOTE: I am talking about women that lie and make up allegations of sexual assault, not actual crime victims. It’s sad and should make any parent think twice before they take their child to the recruiter to enlist.

Here an excerpt from aDoD News interview with Sgt Maj Bryan Battaglia.
SEAC Seeks Sexual Assault Investigation Improvements
By Amaani Lyle
DoD News, Defense Media Activity

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WASHINGTON, Nov. 21, 2014 – The senior enlisted advisor to the chairman of the Joint Chiefs of Staff discussed today efforts to bolster the Defense Department’s investigative techniques and expertise in amassing sexual assault and sexual harassment case evidence….

“Our first and foremost priority is protecting the victim, but also allowing the alleged perpetrator their due justice because the last thing we’d want to do is place a commander in a position who has court martial or Article 15 authority to convict an innocent person,” Battaglia said.

Still, Battaglia asserts that abating sexual assault is a challenge all military people must take on.

“We make every attempt to engage everyone in helping to [stop] sexual assault and sexual harassment within the armed forces,” the sergeant major said, adding that he can personally attest to the commitment of Army Gen. Martin E. Dempsey, chairman of the Joint Chiefs of Staff, in tackling the issue.

Battaglia said that in addition to honing investigative techniques, DoD officials used social media to craft a survey targeted toward the enlisted force that gauges both restricted and unrestricted reporting metrics.

With support from Congress, he added, the Defense Department will submit a report to the White House later this year as to how commanders are engaged in adjudication and the critical need for evidence.

“We will stay on it until we solve it,” the sergeant major said.

Court Martial Lawyers – Alexandra González – Waddington & Michael Waddington Attorneys at Law

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Military Defense Lawyer Argues for Not Guilty in Sex Assault

Military Defense Lawyer Argues for Not Guilty in Coast Guard Sex Assault Court Martial in North Charleston, South Carolina

by Andrew Knapp

December 6, 2013

Read the full story here postandcourier.com/article/20131206/PC16/131209607/1009/as-defense-rests-in-coast-guard-court-martial-witnesses-contradict-accusers-accounts&source=RSS

Asking for the acquittal of a Coast Guardsman accused of sex crimes, a defense attorney said Friday that Petty Officer 2nd Class Omar Gomez was blamed for depraved behavior that’s rampant aboard the Charleston-based ship he served on.

Gomez, 35, is charged with violating five military laws in connection with the rape and sexual harassment stemming from missions of the cutter Gallatin or its crew.

“Was anyone else in that chain of command held accountable?” Morris said. “No. The scapegoat of that culture was (Gomez).”………..

Four, or two-thirds, of the six jurors, must agree on the findings. Unlike civilian criminal trials, a unanimous verdict isn’t necessary.

During his closing argument, lead prosecutor Lt. Cmdr. Mike Cintron said the facts of each alleged incident “speak for themselves.” In one case, he noted, Gomez sent a text message to a seaman that said, “I want you bad.”

“Those are the words of a sexual predator,” Cintron said, dubbing the defense argument a “distraction.”

Military sexual assault attorneys

The five counts against Gomez are:

. Violation of a general order by sexually harassing a seaman on the basis of her gender.

. Maltreatment of subordinates by making sexual comments to six female Coast Guardsmen inferior in rank.

.False official statement by telling investigators that he didn’t have sex with the civilian woman who accused him of rape in West Ashley, then recalling the next day that he had sex with someone whose face he couldn’t remember.

. Aggravated sexual contact by fondling four female shipmates, raping the civilian, and exposing his genitals to shipmates on three occasions.

. Conduct discrediting to the armed forces by taking a picture of his genitals with a seaman’s camera.

If convicted, Gomez could face more than 30 years in prison.

Closing Arguments Examples: Kick-Ass Closing Arguments Part 1: Closing Argument Template

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We defend military cases, worldwide…

Our lawyers defend military cases worldwide at the following military installations:

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