This case demonstrates that there are times when negotiating a pre-trial agreement is in a client’s best interest.
An LCpl in the Marine Corps met a girl under 16 years old online through a dating app. The extensive chats between the Marine and the girl clearly confirmed that she was not hiding her age and that the Marine was aware that she was a minor. However, no sexual intercourse occurred, only sexting and the exchanging of sexually explicit photographs and videos. The girl’s mother found the text messages from the Lance Corporal and informed the NCIS, who conducted an investigation.
After being interrogated by the NCIS, the Marine gave a full confession.
While pending trial, the Lance Corporal was then named and investigated as a major player in an Ecstasy distribution ring at Marine Corps Base Kaneohe, Hawaii. After the subsequent investigation for drug distribution, the government added additional drug-related charges against him.
Even up against an untenable set of facts and piling evidence against our client, the defense team led by Tim Bilecki, a court martial attorney in Hawaii, did not relent. Taking a hardline stance, Bilecki began negotiating with the government for a pre-trial agreement while always preparing to go to trial.
Our client was facing well over 50 years in prison, and the government wanted significant confinement time. After a tough and relentless negotiation, Mr. Bilecki worked a deal in which the Lance Corporal would plead guilty to various charges against him in exchange for a cap on his confinement of 12 months – which is almost unheard of given the charges.
At the sentencing hearing, the military judge sentenced our client to five (5) years confinement and a dishonorable discharge. With the pre-trial agreement in place, our client’s sentence was reduced to only 12 months, saving him nearly 4 years of prison time.
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