Murder, Attempted Murder, Aggravated Assault

Company grade officer acquitted of domestic assault after being accused by estranged spouse

GSL was successful in getting first General Court-Martial dismissed for speedy trial violation. First proceeding also required two Article 32 hearings due to aggressive litigation at all stages of the trial. Government brought charges again. Through skilled motion practice, we were able to secure rulings prohibiting the Government from presenting expert testimony and keeping out substantial amounts of improper evidence. Officer was found not guilty of all charges and specifications after less than a half hour of deliberations.

Soldier receives only one stripe reduction for striking an officer, receives Honorable discharge

A soldier in Germany was charged with assaulting a commissioned officer following a night of drinking at a local bar. He was also charged with conspiring to communicate false information to law enforcement, making a false official statement, and wrongfully endeavoring to impede an investigation by communicating false and misleading information to law enforcement. GSL aggressively fought the allegations at every stage of the case. GSL won an important evidentiary ruling from the Military Judge which kept significant portions of the government’s case out of evidence. Client was found guilty of assaulting a commissioned officer but sentenced to only one stripe reduction and avoided any confinement due to success of our pretrial punishment motion. Client received an Honorable Discharge securing important VA benefits.

Airman gets low sentence for unlawful entry and assault with a deadly weapon

Airman spared from GCM for assault with deadly weapon and unlawfully entering a female airman’s room in the middle of the night. A junior airman was arrested for using a shotgun to shoot out a female airman’s car window while she and another airman stood nearby. Already facing a court-martial, he then was found in the room of a different female airman at 4 a.m., while she was at work. The government pressed for a GCM but GSL managed to keep the case at a SPCM and arranged for a sentence cap of 10 months. Through skillful pretrial interviews, GSL neutralized the government’s witnesses so that the government decided not to call them to testify at trial. At trial, we beat the cap by getting the airman a sentence of only 4 months.

GSL attorney is lead appointed counsel in rare Air Force death penalty case

A GSL attorney was the lead appointed counsel on a death penalty case – the first capital punishment court martial in the Air Force in more than 10 years. The defendant was accused of two counts of premeditated murder and one count of attempted premeditated murder. The government’s evidence included the defendant’s signed confession, the testimony of the surviving victim, numerous photographs of the crime scene, extensive expert analysis, and the audio of a 911 phone call recording the actual event. During the court martial the defense coordinated the efforts of six separate expert consultants in building a comprehensive defense over the course of one year of pretrial preparation to fight the prosecution’s evidence. These experts covered fields ranging from psychology to pathology to crime scene analysis. The defense filed numerous pretrial motions challenging court martial procedure and the government’s evidence. At the court martial, the defense attorneys performed in-depth questioning of each potential juror, questioning more than 20 prospective jurors in an effort to ensure our client received a fair court martial. The defense challenged several key pieces of evidence and fought the government’s case in order to minimize the damage the evidence would cause. At sentencing, we presented over 70 exhibits for the members to review and called nearly 20 witnesses at the court martial to describe the defendant’s background and support a plea for mercy.

Marine facing life in prison for attempted murder can be home in 10 years

A 25 year-old Marine in Okinawa was brought to a General Court Martial, charged with the attempted premeditated murder of his roommate. Numerous witnesses saw our client try to stab his roommate while he was sleeping. The victim received five wounds, some of them potentially lethal. Our client also made three separate confessions to investigators. At the court martial, the government requested our client receive a sentence of life in prison without possibility of parole. GSL put on substantial evidence about our client’s life and background and were able to convince the jury to sentence our client to only 13 years in jail, and can be home in less than 11 years with credit for good time served.

Airman charged with shaking his baby gets no jail time and no discharge

A young airman was accused of shaking his baby and was brought to a General Court Martial. He had confessed that he had shaken his son on five occasions. The government offered him a pretrial agreement with a cap of 39 months of confinement if he pled guilty before a military judge. Based on our advice, he turned down the offer and pled guilty before a military jury. During the sentencing phase of the court martial, the defense put on a successful, sympathetic case that convinced the jury to return a sentence with no jail time and no discharge.

Child, Physical and Sexual Abuse

Marine acquitted of rape and forcible sodomy

A marine was charged at General Court-Martial with rape and forcible sodomy. GSL was able to secure a full acquittal following a hard fought trial. Skilled cross-examination of alleged victim scored critical strike against Government’s case early in the trial. Detailed use of prior statements to impeach victim’s allegations was crucial to success of case. Skilled motion practice allowed us to use key evidence over Government objection. Innovative search of alleged victim’s social media background allowed us to impeach her testimony with photographs from her Facebook page. Result saved client from conviction, sex offender registration, and ensured Honorable discharge.

Soldier facing serious child abuse charges receives sentence of “no punishment”

Late one night, a young PFC found his step-daughter unresponsive and not breathing. He and his wife called 911 and the paramedics brought her to the hospital. Within hours, the government set its sights on the young PFC and he was soon facing allegations of child abuse. The PFC was investigated for attempted murder and rape of a child. GSL attorneys vigorously defended against those allegations at an Article 32 hearing. The PFC was ultimately charged with the lesser offense of sexual contact under Article 120, two specifications of assault with a means likely to cause great bodily injury or death under Article 128, and one specification of unlawfully striking the child also under Article 128 based on an incident a year earlier. After a lengthy court-martial, the military judge dismissed the sexual contact and one of the assault allegations and the military jury acquitted the PFC of the other assault charge. The PFC was convicted of the unlawful striking that happened a year earlier but received a sentence of “no punishment” from the military jury.

Academy senior acquitted of rape charge, allowed to graduate

A military academy senior was charged with underage drinking, unlawfully entering a fellow cadet’s room, and raping her. The cadet’s family hired a civilian attorney for initial phase of the case, including the Article 32 hearing. However, after the Article 32 hearing and after being encouraged by the civilian attorney to offer to resign instead of fight the allegations, the cadet fired the attorney and hired Gagne, Scherer & Langemo to represent him at trial. Our attorneys won a significant pretrial motion and then attacked the female cadet’s credibility during the trial, highlighting her numerous contradictions and the implausibility of her story. The jury found our client not guilty of the rape and unlawful entry. The convening authority resolved the underage drinking charge with nonjudicial punishment, and the cadet was allowed to graduate on time and receive his commission.

Soldier pleads guilty to indecent exposure, communicating indecent language and possessing child pornography, but receives only one year in jail and BCD

A Specialist pled guilty to several charges that stemmed from an online relationship with a 13-year-old. The soldier began corresponding with the child over email and eventually the conversations turned sexual. The relationship culminated when the soldier and the child exchanged pornographic images of each other which violated federal law and General Order No. 1B. Our attorneys aggressively objected to the government’s evidence, and won a number of significant objections. Consequently, the government’s sentencing case was extremely limited. Then, GSL presented a compelling sentencing case which limited the soldier’s sentence to 12 months in jail, several years less than the government sought.

Numerous rape charges dropped against soldier facing life in jail

Army NCO charged with multiple counts of rape, forcible sodomy, aggravated assault and communicating a threat, exposed to possibility of life in confinement and sex offender registration at General Court-Martial. GSL aggressively cross-examined the government’s witnesses at the Article 32 hearing and exposed numerous critical flaws in the government’s case. Pretrial pressure on the Government created potential speedy trial issue which GSL leveraged into a pretrial agreement that dismissed all rape and sodomy charges and limited to confinement to a matter of months. Client released 7.5 months after beginning confinement and saved from sex offender registration.

Soldier facing life in prison avoids court altogether

A PFC was charged with multiple sexual offenses, conspiracy, and false official statement facing maximum punishment of life in confinement at general court-martial. Our aggressive cross-examination of the alleged victim at the Article 32 hearing, coupled with exhaustive pretrial motions, resulted in soldier avoiding trial altogether and being separated with a chapter 10. This result saved soldier from possibility of lengthy confinement, sex offender registration, federal conviction, and a dishonorable discharge.

Marine facing General Court Martial for Sex Offense avoids trial

A Marine NCO was charged with forcible sexual misconduct, adultery, and violation of lawful orders at General Court-Martial. Prior to trial, GSL contacted the alleged victim and persuaded her to provide a recommendation for leniency on behalf of the Marine, which the defense used to persuade command to approve a separation in lieu of a court-martial, saving the Marine from the possibility of lengthy confinement, sex offender registration, federal conviction, and a dishonorable discharge.

20-year NCO acquitted of child molestation

A retirement-eligible NCO with 20 years of service was brought to court martial, accused of indecent acts and forcible sodomy with a minor. Based on our defense motion, the judge suppressed allegations from two complaining witnesses. The defense then convinced the jury that the remaining witness wasn’t believable, based on our thorough cross-examination of the witness as well as demonstrating to the juror that the witness was a liar. The jury returned a finding of not guilty and the NCO was able to retire honorably with no criminal record.

Airman acquitted of rape

A young enlisted member was charged with rape. He had made two written confessions, an oral confession, and was heard on tape confessing the rape to the alleged victim. Convinced that these were false confessions, we attacked the prosecution’s case at the pretrial hearing. Through our own investigation, we uncovered evidence that the member did not commit a rape. The court martial was dropped and the member avoided jail and a punitive discharge.

Airman charged with rape, GSL attorneys get case dropped at pretrial hearing

An enlisted member was charged with rape for having sex with a female who was allegedly too drunk to give consent. At the pretrial hearing, we challenged the testimony of witnesses and the government’s toxicologist. Because of this, we persuaded the commander to drop the court martial. The alleged victim apologized to our client in court.

Airman acquitted of forcible rape and sodomy

An enlisted trainee was charged with forcible rape and sodomy of a female military member at local hotel. By using coercive tactics, investigators produced a sworn, typed confession from our client, and he was placed in confinement pending trial. Using the false confession theory, we showed that our client was forced into making a false confession. In addition, we were able to find weaknesses in the government’s case after carefully cross-examining the accuser and government expert witnesses during the court martial. Our client received a full acquittal – and we received feedback from the jury that they felt that the government was attempting to "railroad an innocent man."

Airman accused of rape and adultery, GSL attorneys get case dismissed

Airman, who was a lonely, single father faced rape allegations following a one-night consensual affair with a neighbor. We arranged a private polygraph of our client, which showed that he was not being deceptive in his version of events. Next, we showed the prosecution that the accuser’s actions were extremely inconsistent with what would be expected of a rape victim. After we recommended that the court martial be dismissed, the prosecutors dropped the case. Not only did we save our clients career, but he was promoted to E-4.

Fraud and Larceny

E-9 accused of stealing $50,000 receives only 1 stripe reduction, retirement saved

A chief master sergeant with nearly 25 years of service time was charged with stealing $50,000 from the military through BAH fraud. GSL aggressively challenged the government’s evidence and presented the soldier’s lengthy and distinguished military service record. The prosecution sought jail time and a bad conduct discharge, but GSL’s presentation persuaded the jury of officers and E-9s to reduce the chief by only one rank, with no fine and no discharge, which allowed the chief to retire as an E-8 and with full benefits.

Retirement saved for E-6 single mom convicted of BAH fraud and making false official statements, receives only 1 stripe reduction

Prior to hiring GSL, an E-6 with nearly 20 years of service time had been convicted at a special court-martial and sentenced to jail time. The government then accused her of committing BAH fraud on her way to jail by knowingly falsifying where her dependents would be while she was in jail, and for keeping the excess money she received. She hired GSL to defend her in this second trial, a general court-martial. The E-6 was a single mother of two children and depended on her retirement to provide for her family. GSL presented overwhelming evidence that the prosecution was wrong about the false official statement allegation, and ultimately persuaded the government to drop that charge. Our client pled guilty to improperly keeping the money. The government sought 5 months in jail and a bad conduct discharge, but GSL’s sentencing presentation persuaded the judge to impose only a one stripe reduction. Our client was able to continue her career even though she had two court-martial convictions, and her retirement and benefits were saved.

Soldier accused of submitting over $130,000.00 in fraudulent travel vouchers avoids jail and punitive discharge and keeps his retirement

Over the course of two and a half years, a SFC was accused of making a false claim by filing fraudulent travel vouchers seeking reimbursement for rent for over $130,000.00. The soldier ultimately pled guilty to the offenses but was aggressively defended by GSL during the sentencing phase of the trial. The sentencing case presented the soldier’s lengthy and distinguished military service record which compelled the military judge to only reduce the SFC by two ranks and impose a fine. The soldier avoided serving any time in jail and avoided both a dishonorable discharge and bad conduct discharge. He was allowed to retire.

Air Force Officer accused of making false claims and larceny serves no time in jail

An Air National Guard Officer called to active duty filed numerous interim accrual travel vouchers while on temporary duty. Upon the officer’s return, a final voucher was filed along with numerous receipts for lodging and related expenses. The officer was charged with making a false claim under Article 132, and Larceny under Article 121 for stealing more than $10,000 of government money. Our client was also accused of making a false official statement under Article 107. After a trial in front of the military judge, the prosecution sought 18 months in jail. We argued for no confinement, and in fact our client received no jail time.

Sailor gets no jail time and no discharge for BAH fraud

Sailor charged with making false official statements in connection with BAH entitlements and subsequently stealing approximately $7,500.00. Strategic decision to plead guilty on the eve of trial, without entering a deal with the government, resulted in no sentencing case from the government and entirely positive presentation from the defense. Our client was sentenced to serve no time in confinement and did not receive a punitive discharge. As a result, our client was allowed to separate at the end of the enlistment with an Honorable Discharge.

Nine-year Navy Member accused of BAH fraud gets no jail and avoids a BCD

On the eve of separation from service, a nine-year Navy member was accused of three specifications of making False Official Statements in violation of Article 107 and one specification of a violation of Article 121 alleging larceny of military property in an amount of $25,000. The allegations arose following an investigation into the member’s Basic Allowance for Housing (BAH) dependent claim. The member faced a maximum possible punishment of one-year in confinement, reduction to the lowest enlisted pay grade, forfeitures and a Bad Conduct Discharge if convicted. In a calculated move, the member pled guilty without the protection of a pretrial agreement, with GSL managing the guilty plea and presenting a strong sentencing case. The military judge rewarded the presentation by giving a sentence that did not include a Bad Conduct Discharge or any time in jail.

ANG senior NCO avoids court-martial and nonjudicial punishment

A senior NCO from the Army National Guard was charged with committing over $20,000 of BAH fraud. The military initiated a general court martial for larceny and filing a false claim. Our attorneys represented the NCO at the article 32 hearing and made numerous objections to the procedural violations the government committed at the hearing, and to the calculations the government used. Following the hearing, our attorneys filed a memorandum thoroughly substantiating the objections and recommending that the matter be resolved outside of the court-martial forum. After the hearing, a senior prosecutor took over the case and reviewed the record of the Article 32 hearing, including our memorandum. Ultimately, the senior prosecutor agreed with our objections and our proposal to resolve the overpayment without resorting to any UCMJ action or reprimand. The court-martial charges were withdrawn and no NJP or reprimand was imposed.

Career and rank saved for NCO facing trial for $70,000 in BAH fraud

Navy NCO facing charges of over $70,000.00 in BAH fraud.  Pretrial negotiations, including direct communication to carrier commander, resulted in plea to reduced charges and protection for NCO’s rank.  Client avoided discharge, and returned to duty with NCO rank fully intact.

Recruiter facing fraud charge has trial dropped, then NJP dropped, and gets ribbon

Marine NCO facing multiple charges of recruiter fraud and misconduct at BCD Special Court-Martial.  Dozens of witnesses flown in from all over United States for trial.  Through aggressive witness work on the ground and pretrial pressure, GSL got charges dismissed at Special Court-Martial and handled through NJP.  Prepared and presented case at NJP, and NJP was dropped.  Client given recruiter ribbon and allowed to PCS to favorable assignment.

Aggressive pretrial efforts assure that NCO avoids dishonorable discharge

Our client was charged with three different charges related to the theft of over $7000 in GPS devices and one additional charge of marijuana use. He faced the threat of double digit jail time if convicted of all of the offenses. He had made incriminating statements to his supervisor and the stolen items had been found at his residence, making his conviction of the charges highly likely. We were able to negotiate a deal to plead guilty to one charge of larceny with the guarantee that he would not serve more than eight months in jail and he would not receive a dishonorable discharge. The remaining three charges were dropped. At trial, the military judge gave our client a sentence of 12 months in jail and a dishonorable discharge. Because of our work, our client’s jail time was reduced by one-third and he was protected from the dishonorable discharge.

Marine NCO acquitted on all charges

A Marine NCO with an outstanding service record was brought to court martial to face numerous charges, including travel voucher fraud, adultery, and wrongful cohabitation. According to the government, the court martial was supposed to be a slam-dunk for the prosecution, with witnesses and documents proving the accused’s guilt beyond any doubt. However, GSL fully litigated all the charges in a jury court martial. First, the adultery charge was dropped just before the court martial. Second, GSL convinced the judge to dismiss the wrongful cohabitation charge. Third, GSL convinced the judge to dismiss one of the fraud charges. Then GSL got the remaining charges acquitted, saving the career, rank, and pay of a decorated Marine.

Marine charged with larceny gets acquitted on five of six counts and no jail

A Marine was charged with stealing money from another Marine’s bank account on six different occasions. The government had bank records, cell pone records, receipts, and expert handwriting analysis that all tied the accused Marine to the crime. Still, at the court martial GSL attorneys managed to persuade the jury to find the accused not guilty of five of the six thefts. At sentencing, the government requested a sentence including two months of jail time and a bad conduct discharge. Once again, the work of GSL attorneys resulted in a much more lenient sentence for our client, who got no jail time or discharge from the Marine Corps.

Field grade officer charged with gun smuggling, GSL gets numerous charges dropped

A commissioned field-grade officer was charged with gun smuggling in a highly publicized, high profile case. During our cross examination of witnesses, we were able to undercut their credibility by exposing the deals they had made with the government. Based on our case, the government dropped multiple charges as unfounded. Our expert cross-examination of military law enforcement agents was picked up by Associated Press and printed in newspapers throughout the United States and abroad.

Airman acquitted of filing $10,000 false travel voucher

A young, inexperienced enlisted member was charged with filing a false travel voucher and fraudulently obtaining $10,000 after completing her first military move. At the court martial, we put the travel voucher system on trial, showing that she received inadequate training and supervision from the government travel manager. Our vigorous cross examination of finance personnel exposed numerous accounting errors committed by these personnel. Our client was acquitted of all charges.

Female Airman acquitted of numerous conspiracy charges

Our enlisted client faced numerous conspiracy charges at court martial, surrounding the theft of computers from a base repair shop. She was a young newlywed whose non-military husband hung around with bad people and may have been committing crimes. As part of our defense at the court martial, we showed that she was a new spouse in over her head, victimized by her husband’s misdeeds. We argued that the evidence found in the home could have been her husband’s and that the government wanted the jury to think she was guilty by association. Our relentless cross-examination of the government's star witness showed him to be completely unbelievable. Our client was acquitted of all charges.

Airman charged with computer fraud, GSL gets case dismissed

Our client, a young enlistee applying to college, was charged with computer fraud crimes against the government computer system. Placed into pretrial confinement, he was left to languish in jail awaiting court martial despite our repeated demands for a speedy trial. We brought a motion to dismiss all charges for violation of our client’s right to a speedy trial. Following our cross-examination of three JAGs, the Deputy Staff Judge Advocate, and the Chief Trial Judge of the Eastern Circuit, the court found that the government had abused our client’s rights. All court martial charges were dismissed with prejudice and our client was released from confinement.

19-year NCO charged with many counts of fraud, GSL saves career and retirement

A noncommissioned officer, two months away from retirement at the time of the court martial, was charged with eight counts of fraud and solicitation to commit fraud. We fought three of the charges based on specific intent, winning acquittals on all three. We showed that the government’s presentation of evidence was markedly different than what they promised in their opening statement. And, we showed weaknesses in the prosecution’s case through rigorous cross examination of witnesses. At sentencing, the prosecution requested that she serve a year in jail, be reduced to the lowest enlisted rank, and be punitively discharged. We got her a sentence of a three-grade reduction, with no jail and no discharge. We saved her hundreds of thousands of dollars in future retirement pay.

Female Airman avoids punitive discharge, GSL attorneys use battered wife defense

Our client was an enlisted single mother who was charged with receipt of stolen property. At court martial, she faced four months of confinement and a Bad Conduct Discharge. We demonstrated that her boyfriend stole the items. Next, we showed that she was a victim of domestic violence, which was the reason she allowed stolen property to be stored at her house. Because of our advocacy during the sentencing phase of the court martial, she was given only one month of confinement and was not given a punitive discharge.

NCO facing three years of prison for identity theft, GSL gets him three months

A noncommissioned officer with a stellar record was convicted of serious identity theft offenses against fellow Airmen. During the court martial we showed the jury that our client had an outstanding career and was among the top two percent of his peers. This drastically reduced his punishment from three years to only three months.

Airman facing years in jail gets low sentence and avoids dishonorable discharge

An enlisted member was charged with numerous counts of stealing material from a deployment warehouse and faced court-martial. Before the court martial began, we challenged the government’s planned use of evidence and experts. We filed a motion to delay the court martial while we called our own forensic experts. With this aggressive approach, we persuaded the prosecution to cap the member’s court martial sentence. Because of us, our client received reduced jail time and avoided a dishonorable discharge.

Obscenity, Computers, and the Internet

Airman charged with possession of child pornography and taking indecent pictures of a girl gets only 6 months of confinement

Our client was charged with possession of child pornography and taking indecent pictures of a prepubescent girl without her knowledge. GSL challenged the quality of the government’s computer analysis and the scope of the evidence presented at trial. Throughout the trial, GSL highlighted the heavy-handed tactics used by the government. We challenged the legality of our client’s statement to law enforcement and the tactics the investigators used to get the statement. Before trial, the government refused to consider any deal of less than two years in jail. At sentencing, the government asked for a sentence of 18 months but GSL convinced the judge to give our client only 6 months.

Airman charged with child pornography receives only one year of confinement

A young airman was charged with possession of child pornography. In discussions before an Article 32 hearing, the government insisted that it wouldn’t even consider a deal unless the airman agreed to serve at least five years in jail. GSL rejected that offer and vigorously challenged the evidence during the hearing. Through investigation and skillful cross-examination of the lead investigator, GSL exposed significant weaknesses in the government’s case. After the hearing, the prosecution agreed to cap our client’s jail time at only one year.

Enlisted coast guard member receives only four months of confinement at a special court-martial for possession of child pornography

The government sought to bring a young coast guard member to a general court-martial for possession of child pornography. Through months of negotiations, GSL persuaded the government to bring our client to a special court-martial instead, thus avoiding a felony-level conviction and limiting his potential jail sentence to a maximum of one year. GSL’s presentation of our client’s background, family support, and plan for the future convinced the military judge to impose only four months of confinement.

Airman receives only nine months of confinement for possession of child pornography, though the government sought two years and refused to enter a fair deal

Our client sought to accept responsibility for possessing child pornography. The government refused to accept a reasonable resolution and insisted on a jail term of two years. GSL chose not to do a deal. Instead, our client pled guilty without a deal. We successfully challenged the scope of the government’s evidence. We demonstrated that our client had a strong support network and family and friends, and that he has a good plan for rehabilitation and avoiding further trouble. The government asked for two years of confinement but the judge sentenced our client to only nine months.

Sailor charged with possession of child pornography

Initially, the government offered an 18-month cap on his sentence in exchange for a plea of guilty and a waiver of numerous pretrial rights, including his right to have an expert appointed to review the government’s forensic computer analysis. We turned down the offer and aggressively challenged the government’s evidence at the Article 32 hearing. We attacked the number of images he allegedly possessed, the ages of the people depicted in the images, and the circumstances of his interrogation. Eventually we whittled the evidence down to only a handful of images. While we were attacking the government’s case, we were also developing a strong case on our client’s behalf by highlighting his potential for rehabilitation, his work ethic, and his family’s strong commitment to getting him back on his feet. On the eve of trial, the government agreed to cap his sentence at 8 months in exchange for a guilty plea. At trial, the expectation was that the judge would sentence the sailor to a minimum of 18 months and a Dishonorable Discharge. However, because of the strength of our sentencing case, the judge sentenced him to only 9 months and a Bad Conduct Discharge. When the judge discovered the terms of the pretrial agreement, he noted that either someone really liked the sailor or really liked his attorneys, because the pretrial agreement was so favorable. Ultimately, the sailor got the benefit of the pretrial agreement, which capped his sentence at 8 months.

Child pornography charges against NCO in Iraq dropped

A reservist NCO was called back to active duty to face charges related to possessing child pornography while on a deployment to Iraq. We attacked the case during the Article 32 hearing. We conducted our own investigation and found witnesses who corroborated our client’s side of the story. We cross-examined the government’s witnesses and got helpful information from them. We conducted a thorough cross-examination of the government’s computer analyst and demonstrated that the government could not prove the NCO had any knowledge that he had child pornography on his external hard drive. After the Article 32 hearing, the government offered to drop the court-martial if our client would accept nonjudicial punishment. We refused the offer, and convinced the Army to drop the case altogether.

Sailor facing General Court Martial, GSL gets court martial dropped

The Navy brought a sailor to a general court martial for one count of AWOL, 10 counts of missing movement, one count of false official statement, two counts involving child pornography. The government had computer images and signed statements of the sailor linking him to the child pornography allegations. By demonstrating that the investigators illegally searched the sailor’s computer, we convinced the military judge to suppress all evidence of child pornography. The government dropped these charges, dropped the court martial, and we convinced the prosecutors to allow our client to separate from the Navy without facing criminal prosecution for the AWOL and the missing movement charges.

19-year NCO acquitted of child pornography charges

A senior NCO former first sergeant with 19 years of experience was accused of child pornography possession. Based on our vigorous cross-examination of the government’s computer forensic expert during the court martial, we were able to convince the jury that the government had failed to prove that the NCO had knowingly accessed or downloaded child pornography onto his computer. The government was unable to respond to the defense attacks on the evidence and so the jury returned a finding of not guilty. The NCO was allowed to retire honorably after finishing his remaining year of service.

Airman facing years in jail for child pornography gets no jail time

An E-3 was charged with possession of child pornography. The photographs were discovered in his room during a random dormitory inspection and he later confessed to knowing he had the illegal pictures. We put on a vigorous defense at court martial and presented a strong case in mitigation at sentencing. The defendant ultimately received a sentence including only a Bad Conduct Discharge and reduction in rank with no jail time.

Retirement saved for NCO with 20 years in service

An E-6 with 20 years of service time was charged at court martial with possession of child pornography. Military investigators discovered child pornography on his home computer and our client eventually confessed to knowing he downloaded and viewed those images. The defense fought the court martial in front of a jury and provided a thick package of personal information in mitigation during the sentencing phase of the court martial. Based upon the defense’s efforts, the jury returned a sentence of only 30 days confinement and reduction of two grades – allowing the defendant to retire and still receive his full benefits in spite of his conviction.

Airman accused of child pornography, GSL proves police search was illegal

A young airman was accused of possession of child pornography. He was found to have child pornography in his dorm room and confessed to investigators about his actions in downloading and printing the pictures. At the court martial, we convinced the military judge to suppress the images based upon an unlawful search. The airman was allowed to separate from the Air Force without the stigma of a conviction.

Administrative Proceedings

Officer retained at discharge board

An Air Force field grade officer faced Board of Inquiry following conviction for marijuana use. Spared from discharge at trial, this officer faced potential administrative discharge and an OTH after almost 19 years of outstanding service. Pre-board litigation and objections prohibited the Government from introducing roughly half of the evidence that they sought to use. After aggressive defense, officer was retained by Board after less than a half hour of deliberation, saving officer’s career and retirement.

Soldier cleared of erroneous AWOL accusation, able to receive proper medical treatment and benefits

Army E-4 with PTSD diagnosis was diverted en route during PCS for medical treatment. Administrative errors resulted in his being classified as “AWOL” and dropped from rolls. Soldier was left without options-could not get further treatment for his condition, could not get DD214, nor could he turn himself in despite repeated attempts. After attempting to coordinate with losing base, gaining base, Deserter Control Point, and HRC to no avail, GSL submitted thorough congressional complaint which gained the attention of General Officer in Washington, D.C. Within days of this development, Soldier was given orders to report to nearest Warrior Transition Unit for proper treatment and benefits.

Airman accused of being AWOL and using cocaine avoids court martial

Airman charged with being absent without authority from the Air Force for seven weeks and wrongfully using cocaine. GSL advocacy and pretrial preparations put case in position for ultimate administrative resolution which means no conviction on Airman’s record.

Instructor charged with serious misconduct wins at separation board

An officer-instructor at a service academy had received nonjudicial punishment for, among other things, providing alcohol to underage cadet-candidates from the academy prep school and violating a non-contact order issued by his commander. The government then tried to separate the officer. At the administrative separation hearing, the government presented evidence in support of four new allegations that dated back to events that occurred while the officer was still an instructor. The government presented witness testimony and more than 200 pages of documentary evidence in support of their recommendation that the officer be separated from the military with a service characterization of Under Other Than Honorable Conditions. In hearings held before the panel members entered the courtroom, our attorneys challenged the documentary evidence and successfully suppressed a significant portion of it from being presented to the board. Once the hearing began, they demonstrated to the panel that after the nonjudicial punishment, government had given the officer a second chance and that he had flourished since receiving nonjudicial punishment. The panel voted to retain the officer. All together, the officer received a reprimand for his conduct, but no loss of pay or rank, and was allowed to continue his career.

Career saved for NCO facing court for DUI and integrity offenses

Army NCO charged with alleged integrity offense and DUI, charges referred to BCD Special Court-Martial.  Pretrial motions, including unlawful command influence, resulted in charges being dismissed on eve of trial and referred to Summary Court-Martial instead.  Career saved, avoided federal conviction, confinement, and discharge.

15-year Naval officer avoids separation for DUI

A highly decorated Navy 0-4 faced involuntary separation based on an arrest for DUI. GSL’s aggressive presentation of favorable evidence, including live testimony from an 0-7, and experienced tactical decisions resulted in the board deciding to retain this officer, saving her 15-year career and potential retirement.

GSL proves mental health diagnosis was wrong, saves NCO’s career

The military tried to discharge an NCO for being diagnosed with a serious mental health disorder. Our client was in the medical profession and this kind of discharge would have prevented her from ever working in medicine. We reviewed the case history and believed the diagnosis was wrong. The government denied us appropriate expert assistance to prepare for the case. Using our own research, we conducted a devastating cross-examination of the government’s psychiatrist and won this complex case. The NCO saved her career and her future employability in the medical profession.

GSL persuades command to give officer Honorable instead of UOTHC

Our client was an O-3 whose commander was trying to use charges of mental health and misconduct to discharge with a service characterization of Under Other Than Honorable Conditions. We found defects in the government’s case and challenged the charges aggressively. This persuaded the commander to discharge her with a good service characterization.

GSL saves senior company grade officer’s wings

Following a career change, a senior company grade officer had difficulty adapting to a new job and was in danger to losing his “wings.” By digging through old records and interviewing previous instructors and coworkers, we were able to demonstrate our client’s outstanding service record and character to the Flying Evaluation Board. We were able to show his true potential – and save his “wings.”

Doctor at risk of losing privileges, GSL gets him filly reinstated

A dedicated, committed physician faced the revocation of his practice privileges and credentials. His files came under the microscopic scrutiny of the command, who was relentless in scrutinizing everything the physician did and ultimately built a case against the physician. At the hearing, we exposed the bias against the physician, which lead to the full reinstatement of his privileges.

E-7 charged with negligent supervision, GSL gets court martial dropped

Desertion / AWOL / Failure to Go

Solider with PTSD wrongly classified as AWOL gets treatment and benefits

Army E-4 with PTSD diagnosis was diverted en route during PCS for medical treatment. Administrative errors resulted in his being classified as “AWOL” and dropped from rolls. Soldier was left without options – he could not get further treatment for his condition, could not get DD214, nor could he turn himself in despite repeated attempts. After attempting to coordinate with the losing base, gaining base, Deserter Control Point, and HRC to no avail, GSL submitted thorough congressional complaint which gained the attention of General Officer in Washington, D.C. Within days of this development, the Soldier was given orders to report to nearest Warrior Transition Unit for proper treatment and benefits.

Marine facing court martial for AWOL gets no jail time

A Marine at Camp Pendleton was charged with being AWOL from his unit for approximately four months. GSL demonstrated that he had a physical disability which led him to leave the unit. GSL persuaded the military to take the Marine to a Summary Court Martial instead of a Special Court Martial. At the Summary Court Martial the Marine received no jail time, reduction of only one rank, and no forfeiture of pay or allowances.

Marine gets no jail time on AWOL charge

A Lance Corporal was charged with a violation of Article 86 of the UCMJ after deserting his unit and remaining absent for almost four months. The soldier was arrested by local authorities and returned to military custody to face the AWOL charge. The soldier had a minor disability that caused major problems in his assigned specialty. Our efforts to point this fact out to the Marine Corps and establish it as the soldier’s basis for departing the unit resulted in a Summary Court Martial with no confinement time.

AWOL soldier who missed deployment avoids conviction and discharge, saves career In an AWOL case that was international news, we represented a military member who was charged with missing a deployment and being AWOL for six months. After telling the press the prosecutors could take her to a General Court Martial and seek five years in jail and a dishonorable discharge, her command chose to prosecute her in BCD Special Court Martial. After months of hard-fought negotiation and case preparation, we negotiated the case down to a Summary Court Martial followed by a transfer to a new base and career field, which allowed our client to get a fresh start and eventually get an honorable discharge. Our client avoided a federal conviction, a punitive discharge, and lengthy jail time.

Air Force NCO acquitted of three charges of Failure To Go

A noncommissioned officer was charged with three counts of Failure To Go. Through our careful scrutiny of the case, we noticed that the government had filed the wrong charges against her. Because we alerted the judge to the defect in the charges, she was acquitted at court martial on all three charges. The judge said he had been waiting for 20 years for a defense counsel to use this strategic, smart defense.

Army NCO AWOL from Iraq avoids court martial

The military charged an NCO charged with being AWOL from a deployment in Iraq.  Our negotiation helped him avoid court martial and get a separation under honorable conditions. This was accomplished almost entirely while member was allowed to take leave at his home.

Army desertion client arrested but back home within a week

A family called us when their son was arrested on a desertion warrant and thrown into the county jail. The family had made many calls but couldn’t get any information from the jail or the military. We found their son, got a phone call through to him, talked to the military, and got him released so that he could return to the military on his own. With our help he avoided court martial and a federal conviction, received no punishment, and was home within one week after the family retained us.

Soldier AWOL because of mental health issues, gets humanitarian separation

A military member with a history of mental illness had been misled into joining the military by her recruiter. The recruiter coached her on how to get through MEPS without letting the military know about her mental health issues. She got through MEPS but when she was in training she began having problems. When the military wouldn’t help her, she went AWOL. We negotiated her return to the military and we filed a memo on her behalf, seeking an administrative separation based on her mental health history and the recruiter’s misconduct. We persuaded the military to give her a humanitarian separation. 

Marine who was two-time AWOL, two-time DUI, avoids court martial

While he was in desertion status, our client was arrested by civilian cops for a DUI and then transferred back to his base. It was his second significant unauthorized absence and his second DUI, and the military refused to bring the case as anything less than a Special Court Martial. After weeks of negotiation, we persuaded the military that our client, who had performed excellent service while deployed, deserved to have the case reduced to an administrative separation so he could preserve his civilian job opportunities. He avoided jail, a federal conviction, and a punitive discharge.

AWOL soldier avoids court martial, gets separation Under Honorable Conditions

Our client was arrested by civilian police on a desertion warrant. His command was supposed to arrange to have our client transferred back to his base but instead left him in the county jail. We pressed the issue with his commander and got our client back to the base. When we first talked to the prosecutor he assured us the case was going to be a BCD Special Court Martial and that they would not negotiate. We demanded a speedy trial and began preparing for the case. Because of our willingness to fight the case at court martial, the government reduced the case to a Summary Court Martial. Our client avoided a federal conviction, a punitive discharge, and lengthy confinement. He eventually got separated under Honorable Conditions.

Soldier charged with perjury and conspiracy to commit desertion avoids conviction

A service member was being prosecuted for solicitation to commit perjury and conspiracy to commit desertion. In exchange for speeding up the court martial, we were able to persuade the commander to bring the case in the lowest forum of court martial, rather than as a Special Court Martial. Our client avoided the stigma of a conviction and exposure to 12 months of confinement.

GSL gets three-for-one credit for Airman left in county jail by commander

An enlisted member facing desertion charges spent many months in the county jail awaiting court martial. By attacking the prosecution’s failure to honor our client’s right to a speedy trial, and by showing the deplorable conditions our client suffered, we got him significant additional credit – three days for every day he served in the county jail. Because of our efforts, the member was released from jail shortly after court martial. We also convinced the jury that the member should have been charged with AWOL instead of desertion, even though he had moved out of his house and moved all of his possessions to another state.

GSL gets two-for-one credit for Airman left in county jail by commander

Our client, an enlisted member, was held in a county jail for desertion charges. His commander violated his right to be held in military facility while awaiting court martial by leaving him in the county jail. We challenged the government’s treatment of our client. Our client received a two-for-one credit for the days he served in the county jail, and he was released shortly after court martial.

Drugs

Full acquittal for E-4 following positive urinalysis for cocaine

At trial, GSL aggressively attacked historic and recent lab errors, calling our client’s test results into question. We visited our client’s unit to obtain support for airman’s good military character, resulting in a chief master sergeant testifying to his outstanding military character in support of finding of not guilty. The urinalysis observer believed he recalled airman behaving strangely during test, and intended to testify to about what he saw. We demanded a novel “in court identification lineup” to challenge whether witness could properly recall and identify Airman. Witness could not accurately identify the accused, resulting in suppression of this testimony. Our client was fully acquitted. The military Judge addressed the airman on the record following acquittal, praising the work of GSL attorneys in obtaining the favorable result.

Airman acquitted of using mushrooms and underage drinking

An airman, who was a member of security forces, was brought to a special court-martial and accused of taking illegal mushrooms and drinking while under the age of 21. The government’s evidence consisted of the testimony and written statements of a number of witnesses, including other airmen who claimed to have taken mushrooms with our client. GSL presented witnesses who testified to the great military character of our client, and witnesses who testified the some of the government’s witnesses couldn’t be trusted. GSL’s cross-examination of the government’s witnesses exposed numerous inconsistencies and the overall implausibility of their stories, in addition to their lack of credibility. The jury acquitted our client of all charges, and our client was able to resume his promising military career.

Charges dropped against Marine accused of using cocaine, discharge board also withdrawn

Marine was accused of wrongful use of cocaine following positive urinalysis. After turning down NJP to prove innocence at trial, client faced Special Court-Martial. Pretrial efforts resulted in dismissal of charges. Marine then faced administrative discharge for same allegations. GSL continued to support this Marine and welcomed opportunity to defend him at the Board. Ultimately, board was withdrawn and Marine was allowed to deploy as a result of our assistance and support.

Officer retained at discharge board

An Air Force field grade officer faced Board of Inquiry following conviction for marijuana use. Spared from discharge at trial, this officer faced potential administrative discharge and an OTH after almost 19 years of outstanding service. Pre-board litigation and objections prohibited the Government from introducing roughly half of the evidence that they sought to use. After aggressive defense, officer was retained by Board after less than a half hour of deliberation, saving officer’s career and retirement.

Major accused of drug use, larceny, and false official statements is sentenced to only 3 months though government sought 3 years

A major who worked as an aeromedical nurse was brought to a general court-martial and accused of stealing a number of drugs from the medical kit while deployed to Iraq. The government alleged that our client had falsified documents and created fictitious patients in order to get drugs, and that he kept the kit in his room instead of returning it to the pharmacy after missions so that he could have easy access to the drugs in the kit. He was also charged with using a number of controlled substances. GSL engaged in more than a year of challenges to the government’s evidence and the way our client was being treated. When our client was charged, the initial charge sheet was several pages long. After aggressively litigating the charges during the pretrial investigation, GSL got a significant number of the allegations dropped. At trial, GSL did a lengthy and thorough presentation of our client’ stellar military service, and demonstrated how the government disregarded our client’s serious health concerns, including TBI sustained in the line of duty, and deprived him of due process during the investigation. Throughout the case, the government refused to accept any resolution short of our client doing 3 years in jail. As the trial approached, and after a number of the charges had been dropped, the government agreed to cap our client’s sentence at 9 months of confinement. At the conclusion of the sentencing phase of the trial, we persuaded the judge to give our client only 3 months.

GSL uses coca tea defense to save NCO’s career

A reservist in the Air National Guard faced a separation proceeding because he tested positive for cocaine during a random urinalysis. The client claimed that he had unknowingly ingested coca tea the night before the test. We had the tea tested by a renowned forensic chemist. During the discharge hearing, we presented our chemist’s lab report, which concluded that the client’s story was probably true. Through cross-examination we got the government’s own toxicologist to acknowledge the credibility of our report. We cross-examined our client’s commander and first sergeant and demonstrated that they had an extreme bias against our client and were unwilling to give him any presumption of innocence or benefit of the doubt. We also showed that our client was exceptionally solid performer and a big asset to the mission. The board determined that our client had not committed any misconduct. He was retained and allowed to continue his career.

Airman convicted of numerous uses of cocaine serves only 44 days in jail

A female airman was court-martialed for testing positive for cocaine on four separate random urinalyses and confessing to using cocaine every week for months. During the pretrial phase, we discovered that our client was suffering from mental health disorders in addiction to being addicted to cocaine. The government refused to acknowledge her mental problems and ordered her to be held in pretrial confinement in the county jail. At trial the government asked the court to sentence the airman to 12 months in jail. We used the government’s own doctors to establish the severity of the airman’s mental health illnesses, and showed that the county jail was exacerbating her problems. Additionally, we showed that the airman’s confinement conditions violated her rights. The court granted her substantial extra credit for time served, and she was released from jail immediately after trial.

Marine acquitted at cocaine-use trial

Marine facing a charge of wrongful use of a controlled substance in violation of Article 112a of the Uniform Code of Military Justice; specifically wrongful use of cocaine. The Marine was facing the possibility of a year in prison and a bad conduct discharge.  Tough, aggressive advocacy resulted in an acquittal, which saved the Marine’s record allowing him to separate from the Marine Corps with an Honorable Discharge. 

Airman avoids punitive discharge for attempted distribution of ecstasy

The government charged a junior airman with attempted distribution of ecstasy. In spite of the airman’s cooperation, confession, and excellent military service, the Air Force refused to allow the airman to separate in lieu of a court-martial. The Air Force insisted that the Airman go to jail, and at trial the prosecution asked for several months in jail and a Bad Conduct Discharge. GSL used the detachment commander of the Office of Special Investigations as the star witness for the defense, and convinced the judge not to give the airman any punitive discharge. He was sentenced to a mere 45 days of confinement and allowed to separate with a general discharge.

26-year reservist E-9 avoids OTH for multiple positive drug tests, saves retirement

After serving for 25 years, an NCO tested positive for marijuana. Over the next few months he tested positive two more times, for cocaine and marijuana. The government sent him to a separation board and sought an OTH separation. GSL highlighted the NCO’s career accomplishments, his war injuries, and the mental health issues caused by the war injuries. The soldier never tested positive for drugs until he suffered his war injuries and began suffering from PTSD. By highlighting these issues, GSL persuaded the board to recommend a General discharge rather than on OTH. The soldier saved his full retirement.

Airman tests positive for coke, avoids jail and a punitive discharge

Airman was charged with multiple uses of cocaine. The sole evidence against him was positive hair test. The government offered our client a deal to plead guilty and receive no worse than three months in jail and a bad conduct discharge. We turned down this deal and instead fought the case at a court martial trial. We put on a comprehensive defense at both findings and sentencing. Our client was ultimately found guilty, but he was only sentenced to a reduction to E-1, hard labor without confinement, and a reprimand. Due to our efforts, our client avoided jail time and a punitive discharge.

Petty Officer tests positive for coke but beats case at adsep board

Our client, a Navy Petty Officer Second Class, tested positive for cocaine through random urinalysis. His Commanding Officer ordered that he face an administrative separation board for drug abuse and asked that he receive an other than honorable conditions discharge, the worst administrative discharge possible. In defending him at the board, we assembled a comprehensive package of evidence and called a number of witnesses from our client’s ship to discuss his character. We also undermined the scientific evidence offered by the government through cross-examination of their expert scientist. In spite of his positive lab test, the board found that our client had not committed any misconduct and there was no basis for his separation. He was allowed to return to his duties aboard the ship and continue his Navy career.

Charges dropped against Marine facing court-martial for drug use

A Marine failed urinalysis tests for both amphetamine and methamphetamine and was brought to a special court-martial for wrongful drug use. Our pretrial investigation of medications taken by LCPL and thorough expert assistance revealed the strong likelihood that test was a “false positive.” We approached his command on eve of trial and presented this evidence. Aggressive, persuasive presentation convinced convening authority to withdraw charges one day before trial was to begin, saving Marine’s career and possibility of wrongful conviction.

20-year NCO acquitted of cocaine use

A retirement-eligible NCO with 20 years of experience was accused of cocaine use based on a positive urine test. Based on our thorough cross-examination of the government’s scientific expert during the court martial, we created reasonable doubt about the NCO’s knowledge about cocaine use. The jury returned a finding of not guilty and the NCO was allowed to retire honorably.

Airman convicted of abusing OTC drugs avoids jail and discharge

A young, married, female Airman was court-martialed for abuse of Coridicin Cough & Cold medicine (Triple Cs) and attempted use of Ecstasy. By playing hardball with the government we negotiated a very good pretrial agreement, and then beat the pretrial agreement at trial by putting on a strong sentencing case in front of the jury. The prosecution asked the jury to sentence her to 6 months in jail and a Bad Conduct Discharge. We highlighted her outstanding work record, generous off-duty volunteer work, and history of being emotionally abused. Our sentencing case persuaded the jury to return a sentence that did not include any jail time, nor any discharge from the military.

Airman acquitted of drug use

A young airman was accused of using illegal drugs with a number of friends. The court martial evidence consisted of testimony of four witnesses who claimed to have used drugs with her. We destroyed the credibility of these witnesses through cross-examination and the jury returned a finding of not guilty after less than 30 minutes of deliberation.

Sailor Facing more than 160 years in jail on drug charges gets less than two years

A sailor was brought to a General Court Martial to face more than 20 drug charges. The charged offenses carried a punishment of more than 160 years in jail. GSL aggressively challenged the government’s attempt to over-charge the case. Once they discredited the government’s theory of the case, GSL’s attorneys presented testimony by the member’s family and highlighted his stellar contributions while in pretrial confinement. GSL’s effort to humanize the client persuaded the jury to sentence him to less than 1% of the time he faced initially. He was sentenced to 24 months of confinement, but with good time served would be home 14 months after the court martial.

NCO facing drug charge, GSL gets court martial dropped, proves cops lied

A noncommissioned officer with a spotless record was seized at gunpoint by military law enforcement doing a drug raid at civilian residence. The military police obtained a search warrant to test our client for drug use; the urinalysis showed our client tested positive. As part of our investigation, we double-checked police reports and tracked down the police officers. Because we were able to show that the police officers had lied, the government dropped all charges on the evening before court martial rather than contest the pretrial motions. Our attack on law enforcement conduct resulted in a police investigation.

20-year officer faces drug use charge, GSL gets court martial dropped

A field grade officer with more than 20 years of experience tested positive for opiates. By interviewing fellow pilots, we were able to show that our client ate poppy seed bagels. And, we were able to show that poppy seeds show up as opiates on a urinalysis. Because of this persuasive defense, our client received no court martial charges – sparing his career and extensive retirement benefits.

Airman facing charge of using cocaine, GSL gets court martial dropped

An young enlisted member was charged with testing positive for cocaine. While on leave, he attended parties with friends. Upon return, he was selected for random urinalysis and tested positive. We attacked the police procedures used to get his consent for the urinalysis. This led to the commanders throwing out the test, and ultimately, the case. All the court martial charges against our client were dropped.

GSL gets drug court martial dropped, secures General discharge for sailor

Sailor with 8 years of solid service time tested positive for cocaine. He was offered nonjudicial punishment but he hired GSL, refused the offer, and demanded a trial by court martial. The government started the court martial but dropped the charges after GSL’s aggressive pursuit of information about the Navy’s drug-testing program. During its investigation, GSL found numerous violations of the Navy’s drug-testing policies committed by the people running the program. By getting the court martial charges dropped, GSL helped the member avoid the threat of a federal conviction, jail time, a fine, and a punitive discharge. The case was eventually brought to a discharge board, where the government insisted that the member be separated with an OTH, the worst possible service characterization. By challenging the government’s abuse of the testing procedures, and by highlighting the contributions the sailor made to the Navy mission, GSL helped him avoid the OTH.

NCO gets reduced sentence because of GSL’s attack on drug test procedures

A noncommissioned officer was charged with multiple uses of marijuana. She was sentenced to five months of confinement and forfeiture of $5,000, but she avoided a punitive discharge, which was her primary concern. During the court martial, we showed that our client had an excellent service record and was remorseful. After her sentence was imposed, we sought clemency based on mistreatment she suffered in jail. During the court martial and afterward, we aggressively challenged the base’s drug-testing procedures. As a result, the convening authority cut her forfeiture in half and significantly reduced her jail time. Because of our challenge to the drug-testing procedures was so strong, the convening authority also adopted our recommendations as the new, standard drug-testing procedure.

Airman charged with multiple attempts to use cocaine avoids punitive discharge

An enlisted member was charged with multiple attempts to use cocaine. At the court martial, we showed that the prosecution lacked forensic evidence. By demonstrating that our client was sincere and remorseful, we persuaded the prosecution to cap the member’s potential court martial sentence at three months. Because of the weaknesses in the case against our client, he avoided a punitive discharge and received only one month of confinement – a further reduction of his sentence.

Airman charged with use of morphine and marijuana avoids punitive discharge

An enlisted service member charged with use of morphine and marijuana, along with attempted possession of cocaine. At the court martial, we challenged lab reports, forensics and witnesses. By demonstrating that the case against our client had significant weaknesses, we were able to persuade the prosecution to cap the member’s potential court martial sentence at three months. At the sentencing, we “beat the cap,” because our client received only 45 days of confinement and avoided a punitive discharge.

NCO charged with possession and multiple uses of cocaine gets reduced sentence

A noncommissioned officer was charged with cocaine possession and multiple uses of cocaine. At the court martial, the prosecution cited forensic toxicology reports that stated our client was a chronic cocaine user. Through our skillful cross examination of the prosecution’s toxicologist, we got the toxicologist to concede that he couldn’t prove that our client was a chronic user. Because of this cross-examination, we saved our client several months in jail.

Airman facing 18 months in prison gets no jail time

A young, enlisted airman plead guilty at General Court Martial for multiple incidents of drug use. We were able to get his first sergeant and commander to testify on behalf of his character and work record. Next, we present a flawless sentencing case to the jury. Despite the government’s request that he serve at least 18 months in confinement, our client received no confinement time.

Non Judicial Punishment

Instructor charged with serious misconduct wins at separation board

An officer-instructor at a service academy had received nonjudicial punishment for, among other things, providing alcohol to underage cadet-candidates from the academy prep school and violating a non-contact order issued by his commander. The government then tried to separate the officer. At the administrative separation hearing, the government presented evidence in support of four new allegations that dated back to events that occurred while the officer was still an instructor. The government presented witness testimony and more than 200 pages of documentary evidence in support of their recommendation that the officer be separated from the military with a service characterization of Under Other Than Honorable Conditions. In hearings held before the panel members entered the courtroom, our attorneys challenged the documentary evidence and successfully suppressed a significant portion of it from being presented to the board. Once the hearing began, they demonstrated to the panel that after the nonjudicial punishment, government had given the officer a second chance and that he had flourished since receiving nonjudicial punishment. The panel voted to retain the officer. All together, the officer received a reprimand for his conduct, but no loss of pay or rank, and was allowed to continue his career.

Navy Recruiter turns down Captain’s Mast and demands trial, case gets dropped

A Navy recruiter was brought to a Captain’s Mast for dereliction of duty. The recruiter had been seeking a transfer from his position in order to get back into the “operational Navy” for two years and was repeatedly denied. GSL attorneys turned down the Captain’s Mast and demanded Court-Martial. Command refused to take member to court and instead gave him the transfer he was seeking all along.

NCO avoids NJP, court-martial, and discharge

The military wanted to give an NCO non judicial punishment for using a civilian OB/GYN rather than a military doctor for her pre-deployment exam. We advised her to turn down the offer of non judicial punishment and demand a court martial. Because of our involvement in the case, the command decided not to take it to court martial. Instead, the command tried to discharge her and tried to deny her right to demand a hearing. We pursued the case through all levels of her command and ultimately stopped the discharge.

The military tried to give our client nonjudicial punishment for fraudulent use of a government computer. We advised him to turn it down and demand a court martial. Because of our involvement, the military chose not to take it to court. Instead, they held it over our client’s head for three months. At the end of the three months, they tried to give him nonjudicial punishment again. When he told them we were still his lawyers, they asked if he intended to keep us on the job. When he said yes, they dropped the case and granted his request to be transferred to a new unit.

Officer avoids NJP and UIF, saves rank and career

An officer faced with nonjudicial punishment for adultery was referred to a two-star general. We presented the general with our client’s exemplary service record. We also showed that if she received nonjudicial punishment, her career would be over – and that she was an officer the military could not afford to lose. Because of this argument, we persuaded the general to reduce the case to a Letter of Counseling, which avoided the initiation of an Unfavorable Information File against the officer.

Field grade officer avoids NJP

Our client was a field grade officer client with 16 years of experience who was selected for next rank "Below the Zone" but not yet promoted. He was served with Article 15 for lying about his whereabouts. We interviewed more than 80 senior officers and general officers testifying to his character. With our defense and character evidence, the Article 15 charges were dismissed, saving his career and Below the Zone promotion. The 3-Star General who dismissed Article 15 called our presentation the "most impressive he had ever seen.”