Maximum Punishment:
- DD, 11 years and 7 months confinement, total forfeiture, reduction to E-1, Federal felony conviction
The Soldier was charged with three specifications of desertion, one failure to report, and dishonorably failing to pay a debt; he was placed in pre-trial confinement. Mr. Bilecki convinced a military magistrate to release the client from confinement before the Article 32 hearing.
The defense submitted mitigating evidence at the Article 32, demonstrating the Soldier’s mistreatment by the command. After the Article 32, while being escorted to the defense attorney’s office for a meeting, the client escaped and went AWOL again.
The command wanted to throw the book at the Soldier when he was apprehended, but Mr. Bilecki negotiated with prosecutors and the command to have the charges dismissed in exchange for administrative separation. CHARGES WERE DISMISSED and the client has NO FEDERAL CONVICTION.