Maximum Sentence:
- Dismissal
- 5 Years Confinement
- Total Forfeiture
- Federal Felony Conviction
An Army company commander was charged at a general court martial with being drunk and disorderly during a command function and then assaulting his subordinate with a knife.
Despite overwhelming evidence and numerous eyewitnesses, Mr. Bilecki, leading the court martial defense team, aggressively attacked the prosecution’s case at the Article 32 hearing and demanded a fully contested jury trial. The Article 32 hearing officer recommended that the case be resolved at Non-Judicial Punishment. After continued negotiation, the Convening Authority agreed to abide by the 32 officer’s recommendations.
After the Article 32 hearing and before the referral of charges, the government agreed to dismiss all charges and resolve the case with an Article 15. We continued to represent the commander at the Article 15, and were able to keep him from being recommended for separation.
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