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Serving in the United States Army? Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action? Call our experienced Army military defense lawyers at 1-800-921-8607 for a free consultation.
Our military defense lawyers are among the most experienced and hard-hitting in the world. With an unparalleled track record, we provide aggressive, strategic defense tailored to each client’s unique situation. Trust us to fight relentlessly for your rights and deliver the best possible outcome.” (Michael Waddington, Military Defense Lawyer)
“In May 2023 I found myself in a frightening situation. I had been notified by NCIS that I was being investigated and immediately began to spiral. I reached out to a few attorneys online and was not super impressed. A week after being notified and my mental health is suffering. Finally, I called the Waddingtons and was put in contact with Alexandra.. one of the first things she told me was that I had to take care of myself and to stay off Google (too late). None of the attorneys that I had spoken with to this point seemed to understand me as a service member who was in a bad situation AND a person. Alexandra got it. After speaking with her (also very bright-she seemed to have a plan right away), I knew the Waddingtons were the legal help I was going to use. The resolution of my case was really the best possible outcome (didn’t go to court martial-general discharge-adsep). I was prepared to take the Waddingtons as far in this case as necessary and was confident having them backing me. Just for the sake of your peace of mind, call them and let them help you!” (US Navy E-7).
“I hired Michael and Alexandra Waddington to represent my son for an Article 120 case at Fort Hood. When my son called and broke the news, we knew we were in for a heck of a fight. From the beginning, the Army came after him with all their might. Aside from his squad leader, everyone abandoned him. After a few months of stress and getting nowhere with the Army lawyer, our family hired Michael and Alexandra. I was very happy with the responsiveness to our phone calls and texts. They worked together as a team and kept us updated. They really cared about the best interest of my son. After a year long struggle, I am happy to say that my son was able to finish his service and get out with an honorable discharge and without a criminal record. The Waddington’s cleared his name and reputation. We are forever grateful.” (US Army E-3).
“I consulted with Alexandra about an ongoing CID investigation that I had been dealing with for over a year. In my situation, I had an affair with a woman that became my stalker after I stopped returning her calls and texts. Given the current victim SHARP climate in the Army, I should have hired a lawyer much earlier instead of going with TDS. After my first conversation with Alexandra I decided to hire her firm. I am glad that I did. She gave me very realistic advice and listened to my side. Other lawyers I talked to we negative and judgmental. Alexandra gave me a sense of hope during a dark period of my life. Alexandra put together a plan of action for the court martial that was coming. We were able to do a cell phone extraction using Mr Roloff a digital expert that she recommended. Thankfully, we recovered a lot of helpful information, like photos and text messages from the woman falsely accusing me of sexual assault. Her advice and the info we got off of my cell phone were enough to get my false accuser to back down before charges were filed. I was able to continue with my life and career thanks to Alexandra. I recommend her for anyone that is falsely accused of a sex crime in the Army.” (US Army E-7).
“Mr. Waddington‘s attention to detail and thoroughness overly exceeded our initial expectations. From the very beginning, Mr. Waddington displayed the highest level of integrity and genuinely cared about his client; our son. His experience and expertise in defending these type of sexual assault cases became very apparent and comforting as he gathered, compiled, and studied the facts of the case. Mr. Waddington‘s defense was so compelling that the prosecution in our son’s case did not even present evidence in the General Court Martial. His knowledge preparation and genius are second to none. We trusted him with the most precious thing in our lives; our son. The stakes were extremely high and Mr. Waddington came through in the most impressive way. We give thanks to God for his mighty deeds done in and through Mr. Waddington and his entire defense team. He turned our mourning into dancing. We highly recommend Mr. Waddington as a defense attorney.” (US Air Force E-4).
“This man understood that he has a son in the military & would never want this to ever happen to his son. He didn’t talk down to me he talked to me as if I was an equal to him as if he has been through life an understands that this can happen to anyone. I can honestly talk all day of the great person Mr. & Mrs Waddington are so happy A.H. introduced me to you an we got this taken care of I hope the best for you an your family thank you so much for everything.” (US Navy E-4).
“Let me start by saying that I was falsely accused of sexual assault by this crazy lady. My old CSM gave me the best advice at the moment; he told me to seek a civilian attorney and not talk to CID. The whole process was completed in 17 months. Charges were preferred at around 12 months. I immediately called Mr. and Mrs. Waddington. Once they decided to take on my case, I was happy because I believed I had a fighting chance against the US government. I saved all my messages between me and this crazy lazy and sent Mr. and Mrs. Waddington everything to show her erratic behavior. I hired one attorney, but I gained two exceptional attorneys. The Army issued me a TDS attorney a week before my Article 32 hearing which we waived. TDS attorney PCS two months before the trial date, I was assigned another TDS lawyer, and she was terrific. Now my legal was set, and I know it will be a battle. The Government dropped evidence on our lap 30 days out. Mr. Waddington called me. I explain my side of the story. The whole time Mr. and Mrs. Waddington treated me with dignity and respect and believed in my truth, always finding a way to make me feel at ease. Once again, my case went on for 17 months; it was a long, painful journey. You need someone like Mr. and Mrs. Waddington to represent you in this biased military justice system (UCMJ). The Government had every intention of trying to convict me of something I did not do, especially in this War against sexual assault. Mr. and Mrs. Waddington flew to Germany a week before the Trial, and we prepared to fight. The night before the Trial, this liar changes her story in version five. From the open statement, witness cross-examination to the closing statement, Mr. Waddington is FANTASTIC. The Army had their most senior and best on the case; however, Mr. Waddington was outclassed and outmatched; it was not even close. Mr. Waddington caught this lady on every lie while on the stand. He asked the right questions and argued only relevant things. The Government did not present a CID agent, Amberg police, DNA evidence, or any experts; let’s not forget a video that was missing the first five minutes. The prosecutor says members of the Jury, all these things are irrelevant. We don’t want to waste your guy’s time presenting this nonsense. The truth came out in the courtroom, and after four hours of waiting on deliberation, NOT GUILTY!!!!!!!! I stood in the position of attention and cried so hard for 17 months, and it was over on the day of my 17th year in the Army; Mr. and Mrs. Waddington gave me a second chance at life. To end this, the military could care less if you get accused of anything. Their goal is to get a conviction. Don’t hesitate to call The Waddington’s. It will be money well spent; I promise you will make that money.” (US Army E-8).
“I want to start by saying I am extremely satisfied with the work of Michael and Alexandra, you guys are an amazing team and I am so thankful for you both. I (Staff NCO in the Army) waited until 1 week before the Article 39 hearing to schedule a consultation with Michael and Alexandra; I wish I had done so from the beginning. I was dealing with a lot of psychological issues from the allegations, unanswered questions, and uncertainties. Bringing them onto my team provided immediate relief, they helped me to think clearly and focus on the goal of winning my case. In the weeks leading up to my Court martial, the Waddingtons and my detailed attorney revealed numerous inconsistencies. All I had to do at this point was show up and explain what actually happened. Naturally, lies don’t make sense especially when the are compounding on each other. This all held true during the court proceedings. Long story short, my accuser got on the stand and gave her well rehearsed testimony for the prosecutor. When Michael got up there to do cross, he was calm and slowly started peeling apart her layers and layers of deceit. There were dozens of inconsistencies, the majority of which were blatant lies or cover-ups and even crimes which were highlighted for the panel to see. The Court room is truly Michael’s domain. In the end I was acquitted of all charges and specifications. I was able to have a nice dinner with my family and talk about the future without prefacing “depends on how this court martial goes but”; that feels amazing. Hiring Michael and Alexandra was the best decision of my life, if you are in a similar situation get them on the phone asap. Some additional tips for whoever finds themselves here: -If you are being investigated by CID for allegations of violating article 120, do not wait around. Be pro-active, retain a great attorney and get to work. The Army will not provide you an assigned attorney until you have actually been charged with a crime; What if there is something in your case that could curtail the entire process? You wouldn’t even know and that’s how the Government likes it. Because they have every intention of charging you even if it’s solely based on the word of you accuser. -DO NOT talk to CID, do not confide in you Chain of Command. Don’t even discuss the details of your case with Mom, Dad, or best friend. -Your CO will issue a Military Protective Order as a “standard” thing. This will deny you certain liberties like purchasing and owning a firearm since it gets submitted to the FBI. Make sure to ask the question why your CO is processing an MPO without an expiration date, or as a matter of fact without any evidence. Seems unlawful to me, but this is all in retrospect because I ignorantly signed it as I had no real legal representation at the time it was issued. -You’ll be flagged the entire time, no way around this. Just continue to do your best at work, show them how resilient you are and contribute to the growth of your Company. Do not give them any excuse to label you a dirt bag, or worse stack on additional charges. Good luck.” (US Army E-6).
“I was facing 2 counts of UCMJ 112a, being a convicted felon, up to 10 years in prison and a dismissal. When I was arrested, I was completely shocked and knew that I needed counsel and not to say anything, but that was the extent of my knowledge. I had never been in trouble and now I am being told, I will lose everything. I am a single parent, facing not only losing my retirement, but my VA benefits, even my house. I did my research, took a long look at everything I could find, I didn’t want a good lawyer, I wanted the very best lawyer there is. When comparing up to $4 million in retirement benefits and paying up to $50,000 to have your life back, you do not “skimp” on getting good enough. You get the absolute most experienced, best trial council there is, that is Michael Waddington. The government only needs probably cause to take you to a general court martial, a positive urinalysis is that probable cause. I did not hire Mr. Waddington to find me a plea deal, I hired Mr. Waddington because he is the very best trial defense lawyer there is. There was not a close second that I found. He is routinely ranked in the top 100 lawyers in the country, he has defended more federal cases, actually fought it out in court, than anyone I could find. Do not take being charged by the government lightly. The government has unlimited resources and time. Do not try to beat the government alone, get someone who will fight for you, someone who does this job only for service members, get someone with honor and integrity, get Michael Waddington. Everyone wants to win, I was more concerned about that than how, but Michael Waddington did it above board, by the book, with integrity and defended me in a way that impressed the prosecution, the judge and the 8 Colonels on the panel. Michael is an honest person, an excellent lawyer, and someone you will never regret hiring. He is one of the good guys, trust him completely, he will not let you down. After 24 years of service, I am going to retire honorably and get to watch my kids grow up and I owe it to Michael Waddington.” (US Air Force O-5).
“Alexandra is an outstanding military defense lawyer and a wonderful person. My case was quite difficult because I had a 23-year career on the line and I was deployed. I felt like my command hung me out to dry. I needed a criminal lawyer that knew the Navy system and had the experience and wisdom to guide me through the landmines I faced. I also needed someone to get the command to back off and give me a fair investigation. I called Alexandra late one evening on a weekend and hired her the next day. She immediately went to bat for me and got me through this with full retirement and dignity intact. Thank you, Alexandra.” (US Navy O-5).
“Best Defense Lawyers. Period. I first contacted Mr. Michael Waddington and Mrs. Alexandria Waddington right after my Command started an investigation into the CMEO report that was filed by a junior of mine. I first spoke with Mrs. Waddington and she advised me to make no statement and to retain them once charges were formally made. My Command however, conducted three investigations over the span of 5 months. During this time I was promoted, and then after the last and final investigation it nearly sealed the deal on my career, resulting in my Commanding Officer removing my hard earned promotion administratively and giving me two adverse evaluations. All of this was based on the investigation and the CO’s subsequent “Loss of Confidence.” The Command sent me TAD to the next higher Command while I waited to receive punishment. That day I called and retained the Waddington’s. Through multiple attempts my Command failed to return any correspondence to my counsel as to why for 3 whole months this had happened. I waited and desperately wanted to know what I was officially accused of since everything had been so quiet. I finally received notice of the investigation findings. They were heavily biased opinions stated as fact, fabricated stories and statements, significant questions as to why individuals were not questioned by the Investigating Officer. These all later proved to aid Mr. Michael Waddington into dismantling their whole case one character witness at a time. I refused NJP and then elected to do Courts-Martial and was subsequently given an Administrative Separation Board. I was completely unsure how this whole case would play out. My JAG assured me I was in good hands. Mr. Waddington was clearly in his element while arguing my case to the board. During that opening statement I knew right then and there that I definitely made the right choice to retain them. You can compare him to the side of the prosecution, but it wouldn’t be fair. The prosecution was clearly out matched. Their case was feeble, and if logic prevailed we would be victorious. The prosecution called no witnesses, submitted no further evidence, and Michael called them out on it. Even after multiple attempts to contact witnesses who made statements against me the Command and that witness made no attempt to communicate with the Waddington’s or show up to my board as requested. This didn’t look good for the prosecution. We submitted multiple character statements and called forth witnesses in person and via phone. Each witness questioned by Mr. Waddington showed more of my side of the story, and dismantled their case before I had even taken the stand. At Michael’s request I took the stand. I was confident, and ready to explain and answer any question. I did so and through my testimony the story was set straight. I finished testifying and the prosecution’s closing statement was so outshined by Mr. Waddington’s closing statement you completely forgot what the prosecution had said.. He is THE CLOSER. We left the room and the board deliberated for less than 30 minutes with a finding of NO MISCONDUCT. That was a great feeling. I am extremely glad and thankful I chose the Waddington’s to defend me, my career, and my future. If you need representation look no further. I would definitely seek their counsel in the future, and would refer them to anyone who would need their counsel. If you know you’re innocent, the Military will punish you first and ask questions later. Hit them hard, and keep what is yours!” (US Navy E-7).
The Uniform Code of Military Justice (UCMJ) serves as the foundational legal framework governing the conduct of military personnel in the United States Army and other branches of the armed forces. Enacted to maintain discipline, order, and justice within the military, the UCMJ covers many offenses and procedural rules for handling violations. Army UCMJ and military defense lawyers play a crucial role in this system, ensuring that service members receive fair trials and legal representation.
The UCMJ was established by Congress in 1950, replacing earlier codes that varied between different military branches. It standardizes legal procedures and offenses across all branches, promoting uniformity and fairness. The UCMJ includes substantive laws defining criminal offenses and procedural laws outlining the steps for prosecuting and adjudicating these offenses. It applies to all active-duty military personnel, reservists, and, under certain circumstances, retired service members and civilians subject to military law.
Several common charges under the UCMJ can lead to court-martial proceedings, each varying in severity and potential consequences. Army court martial attorneys and military defense lawyers are essential in navigating these charges and defending the accused.
Sexual assault and rape are serious offenses under Article 120 of the UCMJ. These charges can encompass a range of behaviors, including non-consensual sexual acts, attempted assaults, and inappropriate contact. Convictions can result in severe penalties, including dishonorable discharge, confinement, and registration as a sex offender. Military defense lawyers work to challenge the evidence, establish consent, and ensure that the rights of the accused are protected.
Article 121 UCMJ deals with theft-related offenses, including larceny and wrongful appropriation of military or personal property. Convictions can lead to confinement, reduced rank, and forfeiture of pay. Court martial attorneys often scrutinize the evidence of ownership, intent, and value of the property involved to build a defense.
Assault charges under Article 128 can range from simple assault to aggravated assault involving a weapon or resulting in severe injury. Penalties can vary widely based on the circumstances and severity of the assault. Military defense lawyers focus on self-defense claims, the credibility of witnesses, and the intent behind the actions.
Drug-related offenses under Article 112a include the use, possession, distribution, or manufacture of controlled substances. Such charges can severely impact a service member’s career, leading to discharge and confinement. Court martial attorneys often challenge the procedures used in drug testing, chain of custody for evidence, and the intent behind possession or use.
Violations under Article 92 include the failure to obey lawful orders or regulations, dereliction of duty, and other acts of insubordination. These charges are crucial for maintaining military discipline and can result in significant penalties. Military defense lawyers aim to demonstrate compliance, miscommunication, or the unlawfulness of the order itself.
Article 134 serves as a catch-all for offenses not specifically covered elsewhere in the UCMJ but which are prejudicial to good order and discipline or bring discredit upon the armed forces. This can include conduct such as adultery, disorderly conduct, and fraternization. Court martial attorneys use their expertise to argue what constitutes prejudicial conduct or discredit.
Military defense lawyers and Army court-martial attorneys are critical in the military justice system, providing legal representation to service members facing UCMJ charges. These attorneys are well-versed in military law and procedures, ensuring that the rights of the accused are upheld throughout the investigative and judicial process. They conduct thorough investigations, gather evidence, interview witnesses, and develop defense strategies tailored to the specific circumstances of each case.
In Army court-martial proceedings, these lawyers challenge the prosecution’s evidence, cross-examine witnesses, and present exculpatory evidence. They also negotiate plea deals when appropriate and provide mitigation during sentencing to achieve the best possible outcome for their clients. The expertise and dedication of military defense lawyers are essential in maintaining the integrity of the military justice system and ensuring that service members receive fair and just treatment.
Gonzalez & Waddington is a law firm with extensive experience handling UCMJ cases. Their team of Miami, FL, military defense lawyers and court martial attorneys are committed to defending service members’ rights and achieving favorable outcomes in complex military legal matters. Whether facing charges under Article 120, Article 92, or any other UCMJ article, their expertise and dedication make them invaluable advocates for those who serve.