Maximum Sentence:
- DD
- 5 Years Confinement
- Total Forfeiture,
- Reduction to E-1
- Federal Felony Drug Conviction
An Air Force Senior Airman’s house was searched by military and local law enforcement in a drug-suppression operation, which uncovered a significant amount of methamphetamine. The Senior Airman was arrested and later charged at a general court martial with multiple charges and specifications of possession of methamphetamines and possession with the intent to distribute methamphetamines.
The defense, led by Mr. Tim Bilecki, a court martial lawyer specializing in UCMJ Article 112a violations, scrutinized the investigation and identified critical flaws. Notably, law enforcement agents had infringed upon the Airman’s Constitutional rights, including losing parts of the recorded “confession.” The defense filed a motion to suppress this recorded confession, which was granted due to the loss of parts of the recording. This significant legal victory left only the charge of methamphetamine use against the Airman.
The discrediting of the law enforcement agents, particularly those from the Office of Special Investigations (OSI), during the motions hearing was pivotal. It provided leverage to negotiate a favorable outcome for the Airman. Capitalizing on this, Mr. Bilecki negotiated a Chapter 6 discharge in lieu of a court martial. This strategic move resulted in the Senior Airman avoiding both a federal drug conviction and jail time.
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