Recent Posts in Sex Crimes Category
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Posted on Aug 29, 2011 By Tim Bilecki
United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) deals with the right to confront. The sodomy, extortion, and indecent assault charges stemmed from an allegedly nonconsensual sexual encounter Smith ...
Continue reading "Right to Confront" »
Posted on Aug 5, 2011 By Tim Bilecki
In United States v. Gabriel, NMCCA 200900429, 2010 WL 380994 (N-M. Ct. Crim. App. Feb. 4, 2010) the accused was convicted of rape, battery, and indecent exposure in contested case before an enlisted ...
Continue reading "PEREMPTORY CHALLENGES - INEFFECTIVE ASSISTANCE OF COUNSEL" »
Posted on Aug 1, 2011 By Tim Bilecki
Under Article 41(b)(1), UCMJ each side is afforded one peremptory challenge unless new members are detailed. United States v. Arriaga, ACM 37439, 2010 WL 2265581 (A.F. Ct. Crim. App. May 7, 2010) ...
Continue reading "VOIR DIRE & CHALLENGES - GENERALLY" »
Posted on Jun 4, 2011 By Tim Bilecki
United States v. Cote, AFCCA, Misc. Dkt. No. 2009-15, 6 Apr 2010 deals with lawful search of a computer device. Appellee was investigated by the North Dakota Bureau of Criminal Investigation (NDBCI) ...
Continue reading "Lawful search" »
Posted on Jun 1, 2011 By Tim Bilecki
United States v. King, 604 F.3d 125 (3rd Cir. 2010) deals with the Georgia v. Randolph rule. King conditionally pled guilty in the U.S. District Court for the Middle District of Pennsylvania to ...
Continue reading "Georgia v. Randolph rule" »
Posted on May 27, 2011 By Tim Bilecki
In United States v. Coons, No. 200900366 (N-M. Ct. Crim. App. Dec. 22, 2009) (unpublished), the issue was whether the military judge erred by suppressing the appellee's statement for lack of ...
Continue reading "Suppressing the appellee’s statement for lack of corroboration" »
Posted on May 24, 2011 By Tim Bilecki
United States v. Burghardt, No. Misc. 2009-13 (A.F. Ct. Crim. App. Mar. 5, 2010) (unpublished) deals with corroboration. At an interview with AFOSI, the appellee admitted in writing and orally to ...
Continue reading "Corroboration" »
Posted on May 11, 2011 By Tim Bilecki
In United States v. Ferguson, 68 M.J. 431 (C.A.A.F. 2010) the accused communicated on-line with a police officer posing as a fourteen-year-old boy. During their first conversation, the accused ...
Continue reading "LEGAL SUFFICIENCY OF FACTUAL PREDICATE IN GUILTY PLEA." »
Posted on Mar 31, 2011 By Military Criminal Defense Lawyer
United States v. Sutton , 68 M.J. 455 (C.A.A.F. 2010) the accused, while home alone with his two step-daughters, asked his 10-year-old to lift her shirt and show him her chest, offering her $20 to do ...
Continue reading " Crime of Indecent Acts or Liberties With a Child " »
Posted on Mar 28, 2011 By Military Defense Lawyer
United States v. Arriaga , No. 37439, 2009 WL 289806 (A.F. Ct. Crim. App. May. 07, 2010) deals with outside pressure on members. The issue before the court was did the command safety briefings ...
Continue reading "Outside Pressure On Members" »
Posted on Mar 22, 2011 By Military Criminal Defense Lawyer
Your military defense lawyer should consider the following to determine consent: 1. What did the PV (purported victim) SAY to the accused before, during, or after the event? Yes (or no) Please do (or ...
Continue reading "What to Consider to Determine Consent" »
Posted on Feb 4, 2011 By Scorpion Design
Military Rule of Evidence (MRE) 412 prohibits the admission of evidence offered 1) to prove that an alleged victim of a nonconsensual sex offense engaged in other sexual behavior, or 2) to prove an ...
Continue reading "Admission of Constitutionally Required Evidence" »
Posted on Jan 17, 2011 By Military Defense Attorney
If you are charged with aggravated sexual assault while the alleged victim was substantially incapacitated due to alcohol consumption and you contend that the victim consented, then at the time of ...
Continue reading "Sexual Assault – Common Issues at Trial" »
Posted on Jan 11, 2011 By Scorpion Design
The use of a sex offender registration advice form is required by U.S. v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and DODI 1325.7. Prior to trial, if you are charged with any offense that requires ...
Continue reading "Sex Offender Registration Advice Form" »
Posted on Jan 7, 2011 By Military Defense Lawyer
Under Federal law, DoD Instruction 1325.7, and Army Regulation 27-10 (sister services have similar Regulations), those who have been convicted of any of the following offenses must register with the ...
Continue reading "Registration as Military Sex Offender " »
Posted on Jan 4, 2011 By Military Defense Attorney
State and territorial laws are diverse. If your military defense lawyer is uncertain where you may reside, carry on a vocation, or go to school, he will likely (and justifiably) be very cautious when ...
Continue reading "Advice on Sex Offender Registration" »
Posted on Nov 27, 2010 By Timothy Bilecki
If you are convicted of certain sex offenses, or offenses involving violence to minors, your court martial defense lawyer should be advising you of the requirements to register as a sex offender. ...
Continue reading "Sex Offender Registration" »
Posted on Nov 20, 2010 By Timothy Bilecki
When fighting the "War on Sexual Assault " sometimes we need to pull out the big guns when defending the service member and answering the "Why?" There are numerous motives for a purported victim (PV) ...
Continue reading "Fighting the War on Sexual Assault - More Motives to Lie" »
Posted on Oct 28, 2010 By Timothy Bilecki
As a continuing theme, we state again that your court martial defense lawyer must answer they "Why" question to have a shot at winning the trial. There are numerous reasons a "victim" might lie, it is ...
Continue reading "Sexual Assault and Motives to Lie" »
Posted on Sep 30, 2010 By Timothy Bilecki
In a prior blog we discussed the all important questions your court martial defense lawyer must answer in any trial - the "Why?" Essential, people do not lie unless they have sufficient motive to do ...
Continue reading "Sex Assault Cases and Motive to Lie (Generally)" »
Posted on Sep 27, 2010 By Timothy Bilecki
We often get questions on what happens if you don't register as a sex offender if you are required to do so. The answer is fairly simple, it is a federal crime to fail to register and keep that ...
Continue reading "Sex Offender Registration is Publicly Available" »
Posted on Sep 24, 2010 By Timothy Bilecki
If you are facing sexual assault , rape or other Article 120 UCMJ charges, pleading guilty is often never an option. There are countless strategies for dealing with these offense as well as the ...
Continue reading "Article 120 UCMJ Strategies" »
Posted on Sep 18, 2010 By Timothy Bilecki
If you have gone through trial and sentencing, your case is not yet over. After sentencing, you are in what is called the "Post-Trial" phase of the case. During the Post-Trial phase, one potential ...
Continue reading "Courses of Action: Post-Trial Military Sex Offense Cases" »
Posted on Sep 15, 2010 By Timothy Bilecki
Sex offender registration s a serious consequence of a courts-martial. It is so serious in fact, that the CAAF in U.S. v. Miller, 63 M.J. 452 (C.A.A.F., 2006) has directed defense counsel to advise ...
Continue reading "Argument to Have the Judge Take Judicial Notice or to Instruct: Your Military Defense Attorney May Follow This Outline" »
Posted on Aug 27, 2010 By Murad
In a previous blog, we discussed some of the issues surrounding informing panel members about Sex Offender Registration. If you and your court martial defense attorney decide that doing so is in your ...
Continue reading "How to Inform the Members about Sex Offender Registration" »
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