Bilecki’s defense team was retained after the Marine Captain already went through a Board of Inquiry where he was represented by the Marine Corps detailed military defense lawyer. The BOI did not go well, as the members found a basis for separation and recommended Other Than Honorable Discharge characterization.
After being retained, Bilecki’s defense team drafted a BOI Letter of Deficiency laying out the significant legal issues that occurred at the BOI and asking for a new board. Ultimately, the Letter of Deficiency was denied. This case served as an example of why civilian defense counsel should be retained at the earliest opportunity – prior to a trial or Board of Inquiry – as opposed to after a conviction or separation.
While appeals are worth pursuing, service members can often obtain a significantly better result by retaining counsel early on as opposed to late in the process.
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