Possession of a Controlled Substance | Case Result

June 2019
Location: Beale Air Force Base, California Rank: Air Force , E-2
Charges: Possession of a Controlled Substance Result: Negotiated Plea Agreement for nine months confinement and BCD.

In a prior Special Court Martial, an Airman was convicted of larceny and sentenced to confinement but not given a punitive discharge.  After being released from confinement and just days prior to his final ETS, he broke into his commander’s office and stole numerous items.  This including PCS awards, vacuum cleaners and a flight helmet just to name a few.

After the command realized that the items were stolen, AFOSI reviewed the security cameras outside the building.  The security camera footage clearly revealed the Airman loading the stolen items into his car and driving away, only to return and take more items.  AFOSI then determined that this Airman had a storage locker off base and was able to obtain a search warrant for the locker.  After executing the search warrant, law enforcement found all of the stolen items.  The Airman was subsequently taken into custody and confessed.  Court Martial Charges were quickly preferred and referred against him.

Military Defense Attorney Tim Bilecki was retained, assessed the situation and quickly realized that the Air Force prosecutors were out for blood.  Because this was our client’s second offense (Bilecki did not represent him for the first court martial) and many of the items stolen were personal to the commanding officer, the government was looking for significant confinement time. Knowing that evidence was fairly overwhelming in this case and that our client was looking to mitigate his confinement time, Mr. Bilecki began lengthy negotiations and was able to secure a plea agreement.  The agreement was for nine months of confinement and Bad Conduct Discharge.  Since our client was in pre-trial confinement, this represented a near time-served deal.

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