Choosing counsel and working with Tim and Ben
Will Tim and Ben both work on my case, and what does each of them do?
Yes. Every client gets both of us. Whether you are facing an investigation, a reprimand, a board or a court-martial, Tim Bilecki and Ben Gold build your defense together.
Tim leads the defense and personally handles the courtroom fight, from motions and panel selection through cross-examination, closing argument and sentencing. Ben works through the discovery, builds timelines, interviews and prepares witnesses and develops the strategy with Tim. He puts the research, motions and written arguments behind that strategy. Both lawyers travel for trials and boards.
The benefit is another experienced set of eyes on your case. We test the government's strongest arguments, challenge each other's assumptions and look for weaknesses in our preparation while there is still time to address them. When a legal issue arises during trial, Ben can tackle the research and briefing while Tim stays focused on the witnesses and the courtroom. The lawyers you hire are the lawyers doing the work.
Can I keep my military defense counsel? What does Bilecki Law Group add?
Yes. You do not have to give up your detailed military defense counsel to hire us for a court-martial. You retain civilian counsel at your own expense, and your military counsel can remain part of the defense team. Many military defense counsel are capable lawyers. The question is what your particular case needs.
When you hire us, you get Tim Bilecki and Ben Gold. Both lawyers work through the evidence, challenge the defense theory and prepare the case together. Tim leads the defense and personally handles the courtroom fight. Ben works through discovery, develops the strategy with Tim and puts the research, motions and written arguments behind it. Both travel for trials and boards.
We bring an independent defense investigation, outside specialists selected for the actual evidence and continuity from preparation through trial. Once retained, you have direct access to both attorneys. We can lead the defense or work alongside your military lawyer, with responsibilities organized around what gives your case the strongest preparation.
How do you decide whether BLG is the right firm for my case?
BLG is a strong fit when your freedom, career or retirement is on the line and you want Tim and Ben personally building and fighting your defense. You are hiring two experienced lawyers to investigate your side of the case, test the government's evidence and prepare for the fight ahead. That work matters whether we are contesting the allegations or negotiating to protect your future.
You need to be willing to work with us. That means telling us the whole story, helping us get the information we need and listening when the evidence calls for hard advice. We will fight for you. We will also tell you when a position is weak or when an agreement deserves serious consideration.
The representation also has to make financial sense for you. Before you retain us, we explain what we would add to the defense you already have, the scope of our work, our fee and the anticipated costs. The consultation is where we put those pieces together and decide whether this is the right fit.
I already have a lawyer, or my trial is close. Can I still contact Bilecki Law Group?
Yes. Call and tell us who represents you, where the case stands and the next hearing or trial date. If the date is close, say so at the beginning of the call.
We need to assess the work already done, the evidence still to review and what preparation remains. We also need to confirm our availability and complete the firm’s conflict review. A late request requires a concrete assessment of whether we can take the case and prepare it properly.
If you have detailed military defense counsel, retaining us does not mean that lawyer has to leave the team. If another civilian lawyer represents you, tell us that too so the existing representation can be addressed before anything changes.
Keep working with your current lawyer and meeting your deadlines while the inquiry is being considered. Contacting us does not change the trial date or make us your lawyers. We will be candid about whether we can help and what would need to happen next.
What kinds of military cases does Bilecki Law Group handle?
Military defense is our practice. We defend service members in military investigations, courts-martial, administrative separation boards, boards of inquiry, GOMOR rebuttals and nonjudicial punishment matters. Our criminal work includes sexual assault, drug, violent offense, fraud, larceny and other serious UCMJ allegations.
A case does not have to reach trial before it deserves a real defense. During an investigation, the work may be preserving the evidence and showing the charging authority why the allegation should stop or change. At a board, it may be disproving the allegation, fighting for retention or protecting the characterization of your service. At trial, it means testing the government's proof and fighting for the result the evidence supports.
Tim and Ben work together on every case we accept. We will tell you what we would do, what is at stake and whether the work fits our practice before you retain us.
Explore our military defense practice. · Defense before charges · Administrative separations
How do you decide whether you have the time and resources to take my case?
We look at whether Tim and Ben can do the work your case requires before we accept it. That means looking beyond the date on a trial calendar. We need to know what evidence must be reviewed, what investigation remains, which witnesses and experts may be needed, and when the next decisions have to be made.
Both lawyers work on every case we take. That makes our existing commitments, the preparation your case needs and any travel part of the intake decision. A case with a hearing next week is a different commitment from an investigation that has just begun. We need the actual dates and the actual posture to assess it honestly.
Selective intake matters because accepting your fee is also accepting responsibility for your defense. We will be candid about whether we can take that responsibility and prepare the case properly. Tell us about a pending interview, response deadline, hearing or trial when you first contact us.
Can BLG represent me if other service members are accused in the same case?
Yes. Other service members being accused in the same investigation does not, by itself, prevent us from considering your defense. We do need to check who is involved and whether representing you would conflict with another obligation.
Being friends, serving in the same unit or agreeing that the allegation is wrong does not mean everyone has the same defense. A statement that helps one person may hurt another. Their accounts may differ, or one person may be offered an agreement that changes the position of everyone else.
You need a lawyer who can give you independent advice and fight for your interests. Do not assume one firm can represent the whole group. Tell us who else is involved at the outset, and speak with your own lawyer before sharing evidence or discussing strategy with another accused person.
Does my rank or unit affect whether BLG will consider my case?
We represent enlisted service members and officers. Your rank and unit help us understand the case; they do not tell us whether the allegation is true or how hard your defense deserves to be fought.
For a junior service member, the immediate stakes may be confinement, a criminal record and the chance to build a future. For a senior NCO or officer, a single allegation may also put years of service and an approaching retirement at risk. We need to understand those consequences when we evaluate the evidence and the available choices.
The same is true of a specialized assignment. Explain what you do, what the allegation concerns and what action is pending. We assess the actual military proceeding and the work needed to defend it. We will give you a straight answer about whether we are the right firm for the work your case requires.
Does BLG take standalone appeals, clemency or parole matters?
No. We do not take standalone appeals, clemency or parole matters.
Our practice focuses on military investigations, courts-martial and adverse administrative proceedings, including separation boards, boards of inquiry and reprimand rebuttals. We want to build your defense while the evidence can still shape the case: preserving records, finding witnesses, testing the government's account and putting defense facts before the people making decisions. If the case proceeds to trial or a board, we carry that preparation into the hearing.
What if I face military proceedings and a separate civilian criminal case?
We defend the military matter. A separate case in a state, federal or foreign court needs counsel responsible for that proceeding. Retaining us for a court-martial does not automatically make us your lawyers in another court.
The two cases still have to be considered together. The same messages, witnesses, interview or proposed admission may matter in both. Tell us about civilian police involvement, court dates, protective orders and any lawyer already representing you. A decision that appears useful in one proceeding needs to be evaluated for what it could do to the other.
Our military strategy must account for that exposure. The lawyers need a clear understanding of who is handling each proceeding, which decisions are approaching and how to coordinate the defense without giving away protected information. Do not assume that a civilian dismissal ends every military action, or that every disposition has the same legal effect. The actual order, the military action and the governing rules matter.
What should I look for when choosing a civilian military defense lawyer?
Find out who will actually defend you, what comparable work that lawyer has done and how the firm would approach your case. A strong biography is useful. It does not answer who will read the evidence, prepare the witnesses or stand beside you in court.
Ask to see results that identify the allegations, the forum, the defense work and the complete outcome. If you may need a contested trial, ask about contested trials. A negotiated plea and a full acquittal are different experiences. Ask how the lawyer handles investigations, motions, experts and the possibility that the best result can be obtained before trial.
Then discuss your case. The lawyer should be willing to tell you what appears difficult, what needs investigating and what cannot responsibly be assessed yet. You also need a clear explanation of the fee, the scope and additional expenses.
Those are fair questions to ask us. You are choosing the people who will help you make decisions about your freedom, career and family. You should understand what you are buying before you commit.
What if a military case could affect my immigration status?
Raise the immigration issue at the beginning, before a proposed plea is treated as a solution. If you are not a U.S. citizen, the consequences of a military case can extend beyond confinement or discharge. The exact offense, disposition and your immigration status matter.
Our work is the military defense. You also need qualified immigration advice about how the military choices could affect your ability to remain in the United States or pursue citizenship. A shorter sentence does not, by itself, answer those questions. Nor should anyone promise that military service makes the immigration consequences disappear.
Tell us your status, whether an application or immigration proceeding is pending, and whether you already have immigration counsel. The proposed charges, admissions and disposition need to be evaluated before you decide, while there may still be room to change the course of the military case. The point is to make the defense decision with its real consequences understood.
How do you approach a military case that is attracting media attention?
We focus on protecting the defense. Public attention can create pressure to answer an accusation immediately, but an interview, post or public explanation can give the government more material before we have examined its case.
Tim has handled cases that drew national and international reporting. That experience does not mean every case benefits from a public response. The decision has to serve the client's interests, protect confidential information and account for the effect on the proceeding.
If a reporter contacts you or the allegation appears online, tell us and preserve the communication. Do not try to argue the evidence in a comment thread, contact witnesses to get them to speak publicly or ask family members to answer for you. We need to understand what has been published and what is actually supported by the record before advising you about a response.
Any public response has to serve the defense and the person facing the accusation.
Can BLG consider a case involving a reservist or National Guard member?
Yes. We can consider military cases involving reservists and National Guard members. The first step is identifying your duty status, the dates of the alleged conduct and the proceeding you are actually facing.
The word "Reserve" does not, by itself, answer whether the UCMJ applies. Federal military jurisdiction can extend to active duty, inactive-duty training and certain related periods. For National Guard members, federal service is an important part of that analysis. A state military proceeding also needs to be distinguished from a federal court-martial.
Bring the orders, duty records, allegations and any notice with a deadline. If the matter is administrative, we also need the separation or adverse-action paperwork. Those documents let us assess the authority being used, the evidence and the defense work required.
We will evaluate the actual case and explain whether it fits our practice. You should not be guessing about jurisdiction or giving up rights based on a general description of your component.
Military defense and case assessment · Administrative separations
Can BLG consider criminal allegations arising from combat or a deployment?
Yes. We take military defense cases involving combat allegations, including war crimes.
The allegation's label does not answer what happened. We work through the events, orders, records and witness accounts to build a complete timeline and test the government's version against the evidence. We identify what is missing, examine contradictions and determine where outside investigators or experts can help answer the questions that matter.
Tim and Ben build that defense together. We challenge each other's assumptions, work through the government's strongest arguments and prepare the evidence and witnesses for the fight ahead. You need lawyers willing to examine the whole case and give you a straight assessment of what the defense can accomplish.
Under investigation: what to do now
I have been accused or told I am under investigation. What should I do now?
Speak with defense counsel before you give another statement or consent to a search. You do not need to wait for a charge sheet. The government may already be interviewing witnesses and collecting evidence.
Preserve the messages, photographs, video, records and devices you lawfully possess. Keep the complete conversation, including material you think looks bad. Do not delete, alter, hide or manufacture evidence. Do not enter someone else’s account or send classified or restricted material through ordinary email or messaging. Ask counsel how to preserve sensitive evidence safely.
Do not contact the person who accused you or try to get witnesses to agree on what happened. Do not post about the case. Continue following lawful orders, and get advice about any interview request, search request, protective order or restriction.
Call 813-669-3500 and tell the intake team what is happening and what deadline comes next. Early defense work matters because video gets overwritten, witnesses transfer and evidence that could change the case can disappear.
Should I speak to CID, NCIS, OSI or my command before I speak with a lawyer?
No. If they want to question you about suspected misconduct, speak with defense counsel first. That includes a command inquiry described as informal. Being innocent does not make an unprepared interview safe.
An investigator may have statements or records you have not seen. A guess about a time, an incomplete memory or an attempt to explain an ugly message can become an inconsistency the government uses against you. You should understand the accusation and the risks before deciding whether a statement helps your defense.
State clearly: “I am invoking my right to remain silent. I want to speak with a lawyer.” Then stop discussing the allegation. Do not lie or obstruct the investigation. Continue following lawful orders; invoking your rights does not mean ignoring an order to report somewhere.
Counsel can determine why they want to question you, what your status is and whether any response serves the defense. Do that work before the interview, not after you are trying to explain what you meant.
I already gave a statement or let investigators search my phone. Is it too late?
No. A statement or phone search can change the case, but it does not end the defense. Do not try to fix it by giving another interview, deleting messages or getting witnesses to support a new explanation.
We need to examine what actually happened: the rights warning, the questions, the recording, the consent form or search authorization, and what investigators took from the device. We compare the statement with the other evidence and look at whether the government has pulled words or messages out of context.
Damaging evidence is not automatically excluded. The facts and the law determine whether there is a basis to challenge its use. Even when a statement remains in the case, its accuracy, reliability and meaning may still need to be tested.
The next step is to get counsel into the evidence, preserve what remains and stop making avoidable mistakes. We will tell you what hurts, what can be challenged and where the defense goes from here.
What can a defense lawyer do before charges are preferred or the case goes to trial?
Build the defense while the government is still building its case. Waiting for charges can mean losing evidence and opportunities that existed earlier.
We look for the complete message thread, the video, the location records and the witness the investigation missed. We examine how statements and searches were obtained. When the evidence calls for specialized knowledge, we identify the right investigator or expert and the work that person needs to do.
Then we put the relevant defense facts before the official who can act on them. Depending on the case, that may be the special trial counsel or the command. The purpose is to give that decision maker a reason to stop or narrow the case before the government commits to trial.
Sometimes charges still follow. The work is not wasted. It becomes the foundation for motions, negotiations, the Article 32 hearing and trial. Early representation gives us the opportunity to fight sooner; it does not give us control over the government’s decision.
Can the defense challenge a search of my phone, room or military housing?
Yes. A search of your phone, room or military housing can be challenged when the facts and the law support it. Finding damaging evidence does not excuse a search that exceeded the government’s lawful authority.
We examine the authority investigators relied on, the facts offered to obtain it, any consent you gave and the limits of the search they were allowed to conduct. With a phone, we also examine what was actually extracted and searched. Permission to look for one thing is not an answer to every question about how the government searched your data.
The next step is to identify the specific violation, your right to challenge it and the remedy available. That may mean a motion to suppress evidence; the remedy depends on the violation and the rules governing exclusion. The review may also expose a problem with the government's interpretation of material that remains admissible.
Get advice before consenting to another search. Preserve the device and records; do not wipe, hide or alter them. Consent and a separate search authorization are different issues, and refusing consent does not necessarily prevent a lawful search.
What changes when the Office of Special Trial Counsel is involved in my case?
It changes who has authority to make important decisions about the prosecution. It does not change the government's obligation to prove its case.
Special trial counsel determines whether a reported offense is a covered offense. When special trial counsel exercises authority over an offense, that office controls specified decisions, including referral to trial, dismissal and plea agreements. Commanders retain authority over other offenses and certain remaining actions. We identify who can actually make the decision your case needs.
That matters before trial. Favorable records, an unreliable witness, a flawed forensic conclusion or a defect in the charge need to reach the official with power to act. A persuasive presentation to someone who cannot decide the issue will not accomplish the same thing.
Our preparation still starts with the evidence. We build the defense file, identify what the government cannot prove and prepare the motions and cross-examinations the case requires. We do not assume that a specialized prosecutor makes a weak allegation strong, or that a change in the system will fix the case for you.
Can statements or confessions be challenged if investigators violated my rights?
Yes. A statement or confession can be challenged when investigators violated the applicable rights rules or obtained it involuntarily. The work starts with what actually happened in the interview, not the government's label for it.
We examine the warnings, any waiver, the recording, the questions, the length and circumstances of the questioning, and what happened if you asked for counsel or tried to stop. A signed form does not tell the whole story. Neither does an agent's summary of a recorded interview.
Where there is a legal basis, we ask the military judge to exclude the statement. The applicable rule, timing and circumstances matter; a statement is not thrown out simply because it hurts the defense.
If the statement is admitted, the fight may continue over its accuracy and meaning. We compare the actual words with the summary, examine what investigators supplied or assumed, and test the statement against the other evidence. Admissibility and reliability are different questions. Losing a suppression motion does not turn every sentence in an interview into the truth.
If my command is already against me, will hiring Bilecki Law Group make things worse politically or professionally?
You should not have to surrender your defense because you are worried about how the command will react. We cannot promise that a commander will like your decision to hire us. We can give you a defense that is independent of that command and advice about how to handle the situation without making it worse.
Tell us what has actually happened: what was said, who said it, whether there are witnesses or messages, and whether you are facing an interview, restriction, evaluation, reprimand or other action. A command that supports the prosecution, an unpleasant interaction and unlawful pressure are not automatically the same thing. We need the facts before deciding how to respond.
Continue following lawful orders. Do not confront the commander, contact witnesses to build a campaign or try to argue the case through your unit. We can assess which decisions belong to the command, which belong to special trial counsel and which issues can be taken to a military judge. The point is to protect your position and challenge actual misconduct with evidence.
What should I do before sending information if my case involves classified or restricted material?
Call before you send anything, and keep the initial conversation free of classified or restricted details. Tell the intake team that the matter may involve protected information so we can address the handling requirements before any transfer.
Do not upload that material to the website, attach it to ordinary email, send it through messaging, or copy it onto a personal device to help us understand the case. Do not assume that a lawyer's involvement makes an otherwise unauthorized transfer permissible. Preserve the material where it may lawfully remain and get advice about the proper next step.
We first need to understand the type of restriction and what authorized access or handling the matter requires. That assessment has to happen before the contents are shared. It also allows us to identify whether a separate clearance or other proceeding is involved; defending a UCMJ allegation is not the same as handling a security clearance adjudication.
The immediate priority is to protect the evidence without creating another problem by moving it through the wrong channel.
Preparing the defense and deciding how to fight
How do we decide whether to fight at trial or negotiate an agreement?
We study the evidence, explain the risks and give you a straight recommendation. We do not tell you to plead guilty just because the government brought charges. We also do not sell you a fantasy when the evidence is damaging.
The comparison has to be specific. What can the government actually prove? Which witnesses and forensic conclusions can be challenged? What would you admit under the proposed agreement? What would the agreement protect, and what would it leave exposed? Confinement matters, but so do discharge, retirement and the conviction that follows you afterward.
Preparing to try the case is part of making that decision responsibly. We need to know the evidence well enough to explain both the opportunity and the risk.
Our court-martial legal fee is the same whether the case resolves with a guilty plea or goes to a contested trial. Travel and privately retained investigative or expert services are separate. Your decision should turn on the case and your interests, not a higher legal fee for choosing trial.
How do you approach selecting a military panel?
We use the questioning process to uncover bias that could keep a panel member from fairly deciding your case. That work starts with the actual issues the members will have to evaluate.
We review the available information about prospective members and prepare questions about experiences, relationships and attitudes that matter to the allegations. Someone may say they can be fair while also expressing a belief that an accused must prove innocence, that a particular kind of witness should always be believed, or that an allegation would not reach trial unless it were true. The follow-up questions matter.
The military judge controls the examination, called voir dire, and rules on challenges for cause. We develop the specific facts supporting a challenge and use the challenges the rules allow. We can also examine whether the members were selected through the required process.
Panel selection is not finding people who will promise to acquit. It is identifying disqualifying bias and making a clear record when a member should not sit. That requires preparation for this case, not a generic list of questions.
How do policy pressure and SHARP or SAPR reports affect the defense of an allegation?
A SHARP or SAPR report is not a finding of guilt. Policy pressure can affect the environment around an allegation, but the defense still has to identify what happened, what the government can prove and whether anyone crossed a legal line.
We examine the actual accounts, messages, timeline, medical and forensic evidence, and the way the investigation developed. Did investigators follow leads that could help the accused? Did an interview introduce assumptions that later appeared in a witness's account? Is there evidence that someone pressured a witness or tried to influence a decision? Those are questions to investigate, not conclusions to announce because the case involves a sexual allegation.
We also prepare to identify bias in prospective panel members and raise specific legal issues with the military judge. General concern about the military's climate will not substitute for a supported motion or a well-prepared cross-examination.
The government does not get to replace proof with a policy message. Our job is to make it prove the charged offense and put the evidence that tests its theory before the court.
How do you prepare a difficult court-martial for trial?
We build the defense from the evidence, then prepare to prove it in a courtroom. Reading the government's report and waiting for the first witness is not trial preparation.
We work through the timeline, statements, messages, records and physical evidence. We look for missing witnesses and records, compare claims with what the evidence actually shows, and identify the technical questions that need an outside expert. We decide which issues require motions, what evidence the judge must rule on and how each important witness will be challenged.
Tim and Ben work on the same defense. Tim leads trial strategy and the work in court. Ben works through discovery, builds timelines, interviews and prepares witnesses and develops the strategy with Tim. He brings an experienced second set of eyes to the evidence and the theory. They test the theory against the difficult facts, not just the evidence that makes the client look good.
The final question is whether we can make the defense understandable to the people deciding the case. A useful fact needs a witness, a record or another lawful way into evidence. An argument needs support. We prepare those connections before trial, while there is still time to do something about a missing piece.
How do you prepare to cross-examine investigators, commanders and other witnesses?
We prepare cross-examination from the witness's actual account and the evidence that can test it. Rank, confidence and a polished report do not make a witness right.
We compare what the witness said at different times with messages, recordings, records and other witnesses. With an investigator, the issue may be a lead that was never followed, an assumption presented as a fact or a summary that leaves out important context. With a commander, it may be the basis for a decision or what the commander actually knew. With another witness, it may be opportunity to observe, memory, bias or a material contradiction.
Then we identify what the court needs to understand and the evidence that supports each point. When the issue is technical, a qualified outside expert can help us test the method or conclusion before we question the government's witness.
Effective cross-examination is not a volume contest. It is prepared work that exposes a specific weakness or establishes a useful fact. Sometimes a short, controlled examination does more than arguing with a witness who will never agree with us.
What can the defense do if the investigation ignores evidence or assumes I am guilty?
We do our own defense investigation. If the government's file ignores evidence that helps you, waiting for the same investigators to change their minds is not a defense plan.
We identify the missing material: the complete message thread, the hallway video, the witness who was never interviewed, the location record or the document that puts an accusation in context. We preserve and obtain evidence through lawful channels, and use outside investigative or expert help when the problem requires it. The important question is what the missing evidence actually shows, not simply whether the investigation felt unfair.
We can present supported defense facts to the official with authority over the charging decision. If the case proceeds, the same work can support a motion, a defense witness or cross-examination about what investigators failed to do and why that matters.
An incomplete investigation does not automatically end a prosecution. A missing fact can still change whether the government can prove its case. We want that fact in our file while it can still be found.
What can you do if command pressure or retaliation is affecting my case?
We identify the pressure, preserve the proof and decide how it can be challenged. Calling something retaliation or unlawful command influence is the beginning of an inquiry, not the end of it.
Tell us the exact words, who said them, when and where they were said, who heard them and what changed afterward. Keep messages and records you lawfully possess. A threat directed at a witness, an attempt to dictate a finding, or pressure tied to a person's participation in the case raises different issues from a command simply believing the allegation.
Article 37 prohibits specified interference with military justice, including improper influence over findings or sentencing and attempts by a commander to deter a potential witness from participating. When the facts support a challenge, we can develop the evidence, seek the relevant records and witnesses, and ask the military judge for relief suited to the violation.
We match the requested remedy to the violation and build the record the judge needs to rule on it.
How are issues preserved during trial if appellate review becomes necessary?
The work starts during the trial. An appellate court needs a record of the issue, the evidence supporting it, what the defense asked the judge to do and how the judge ruled.
That means identifying legal issues in time to raise them, filing supported motions, making the necessary objections and explaining the specific ground for the objection. If the judge excludes defense evidence, the record may also need to show what that evidence would have established. A general complaint that the trial was unfair does not replace those steps.
We prepare motions and evidentiary issues as part of the trial defense. When a ruling goes against us, the task is to make the issue clear while continuing to fight the case in front of us. The rules treat a preserved objection differently from some issues raised for the first time afterward, and certain decisions can waive an issue altogether.
Preserving a claim does not guarantee a reversal. It gives a reviewing court the record it needs to assess the legal error and its effect on the case.
Can the defense challenge stacked charges or keep improper evidence out?
Yes. We examine both whether the government has improperly multiplied the charges and whether particular evidence should be kept out. Those are different problems, and each needs its own legal and factual showing.
For the charges, we compare the alleged acts and the elements the government must prove. Several charges from one event are not automatically improper. But duplicative offenses or an unreasonable multiplication of charges can justify a request to dismiss or merge specifications, or to address the effect on punishment. The remedy depends on the particular defect.
For the evidence, we identify why the rules exclude it or limit its use. That might involve an unlawful search, an involuntary statement, irrelevant material or evidence whose value is substantially outweighed by the danger of unfair prejudice. Evidence is not inadmissible merely because it damages the defense.
We raise the issue through a supported motion or objection and ask for a specific ruling. Reducing an inflated charge sheet or keeping improper material from the factfinder can change the case before the first closing argument.
How do you help a client prepare if testifying may be part of the defense?
Whether you testify is your decision. Along with your plea and the available choice of judge or panel, it is one of the major trial decisions you make with our advice. Our job is to make sure you understand what your testimony could accomplish, the risks it creates and whether it helps your defense.
The first question is why you would testify. Most cases do not require the client to take the stand, and testifying can do real harm. Wanting to tell your side is understandable. We still need to identify what your testimony adds, which questions it opens up and whether the defense can establish the same facts another way.
If testifying may be part of the defense, we prepare well in advance of trial. Tim works with Ben to build a meticulous cross-examination from the evidence, your previous statements and the government's strongest arguments. We put you through multiple versions of that cross-examination, using different questions and approaches. Our aim is to make that preparation tougher than what the prosecutor will put you through. We want to find the landmines here, while we can address them, before you encounter them on the witness stand.
We teach you to listen to the question actually asked and answer it accurately. Do not volunteer three more points because you are worried the first answer was not enough. Do not oversell your case. Stay focused, understand the difficult areas and recognize when an unnecessary explanation can create a problem that did not exist before.
We also work on communicating naturally and connecting with the panel. You need to explain what you actually remember without guessing, filling gaps or sounding rehearsed. By the time you decide whether to take the stand, you should understand the risks and have done the work. Your first difficult cross-examination should be with us, well before trial.
What can the defense accomplish at an Article 32 preliminary hearing?
An Article 32 preliminary hearing can give the defense an opportunity to challenge the basis for sending charges to a general court-martial and put important defense facts before the charging authority. We decide how to use it by identifying what it can accomplish in your case.
The hearing examines whether the charge states an offense, whether there is probable cause, whether there is jurisdiction and what disposition should be recommended. We can identify gaps in the government's showing, present appropriate evidence and question witnesses who testify within the hearing's rules.
It is not a trial or a general discovery proceeding. The government may rely on records, an alleged victim cannot be compelled to testify at the hearing, and the hearing officer's recommendation does not bind the charging authority. A favorable recommendation therefore matters differently from an acquittal.
Before recommending a hearing or a written waiver, we consider the evidence available, what we could gain, what we would reveal and how the decision fits the rest of the defense. Waiver also requires the responsible authority to determine that a hearing is unnecessary. We make that choice for a reason, not because it is the next box on a form.
How do you prepare a case for sentencing and mitigation?
We prepare the evidence that shows who you are, what happened and why a particular sentence is justified. If the case reaches sentencing, the government should not be the only side explaining your life to the court.
That means developing your service record, accomplishments, character, family circumstances and the facts surrounding the offense. We identify records and people who can explain those facts with substance. A witness who can describe what you actually did for a unit or a family may be more useful than a stack of letters offering the same general praise.
We also examine the government's sentencing evidence and challenge unsupported aggravation. We assess any available sentence credit and explain your choices for addressing the court. A sworn statement and an unsworn statement have different rules, including whether you can be cross-examined and how the government may respond.
The presentation has to fit the offenses of conviction, the applicable sentencing system and any agreement. Preparing it does not mean conceding guilt at trial. It means being ready to fight for the best supported sentence if that stage becomes necessary.
How do I decide between a military judge and a panel when I have that choice?
We decide by studying how this case is likely to be understood by a military judge and by members. There is no rule that a judge is always better for a technical case or that a panel is always better when credibility is disputed.
We assess the charges, the evidence, the judge, the witnesses and the defense theory. We consider the issues likely to matter to prospective members and what can be addressed through questioning and challenges. We then explain the reason for the recommendation, including the risks of the alternative.
The available election depends on the type of court-martial and the governing rules. A request for trial by military judge alone has requirements, timing limits and an approval process. We address those before the decision is due.
We also separate who decides guilt from who determines the sentence. Under the current system, a military judge generally sentences a case containing only noncapital convictions for conduct after 27 December 2023, even when members decide guilt. Cases involving older conduct or capital charges require a separate analysis. Your choice should reflect the system that actually applies to your case.
How does Bilecki Law Group approach cross-examining alleged victims in Article 120 sexual assault cases?
We test the allegation against the evidence and prepare the questions that expose a material contradiction, an unsupported assumption or a reason the account may be unreliable. In an Article 120 case, that preparation begins long before the alleged victim takes the stand.
We compare the accounts given at different times with messages, recordings, the timeline, witness observations and any medical or forensic evidence. We examine what the person could perceive or remember and whether later interviews changed the account. When specialized knowledge matters, we use an appropriate outside expert to help evaluate the evidence and prepare the questioning.
The point is to establish facts the judge or members can use. Anger is not a substitute for a contradiction supported by a record. Neither is a broad attack on someone's character. Questions about protected matters require a proper legal basis and, where required, a ruling before they can be asked.
Tim conducts the cross-examination with the preparation behind it. The government still has to prove every element. We focus the questioning on whether its evidence can meet that burden.
Evidence, investigators and experts
How do you choose investigators and experts for my defense?
We choose the specialist for the problem we need to solve. A phone extraction, a disputed DNA finding and a psychiatric issue call for different skills. Even two cases involving DNA may need different experts because the questions are different.
That is why we deliberately work with independent investigators and experts. We can retain someone for defined work on your case and choose someone different when another case calls for different skills. We do not build the cost of an in-house investigator into every client's legal fee.
Tim and Ben direct the work. We identify what needs to be examined, explain why the expertise matters and bring the findings into the defense. Your case drives the team we assemble.
The team your case requires · How we investigate the evidence
Who pays for investigators and experts?
We pursue military funding for the necessary investigative and expert work. When those services are approved, military funds pay for them rather than you. That can put substantial resources behind your defense without requiring you to privately finance the entire team.
The work is in identifying the right people, explaining why their expertise matters and bringing their findings into the defense. Your legal fee pays for Tim and Ben to build and lead that effort.
Private retention is sometimes needed, including during an investigation. When it is, we discuss the work and expense with you before those services are retained.
How we build and fund the defense team · Expert work in a court-martial defense
Can PTSD, combat trauma or another mental health condition matter to my defense?
Yes. PTSD, combat trauma or another mental health condition can matter, but we need to understand what the condition actually has to do with your case. A diagnosis alone does not excuse alleged misconduct.
We look at your service history, the relevant medical records, the timing of symptoms and what was happening when the alleged conduct occurred. When specialized evaluation is needed, we identify the right mental health professional and the questions that person needs to answer. The work may bear on a particular element of the charge, an available defense or your ability to participate in the proceedings. Those are different questions and we treat them that way.
A condition can also matter in negotiations or sentencing even when it does not defeat the charge. We want the decision maker to understand your history, treatment and circumstances through evidence, rather than a label. Tell us about the issue early so we can assess it and handle sensitive records properly.
What if the accuser changes their story or has a reason to make a false allegation?
We investigate the changes and test the account against the evidence. A significant contradiction or a supported motive to make a false allegation can matter enormously. The work is showing exactly what changed, when it changed and why the difference matters to the accusation.
We compare the original report, recorded interviews, messages and later statements. We look for the witness who heard the earlier version, the record that fixes the timeline and the complete conversation that supplies missing context. If there is a claimed motive involving a relationship, money, housing or another dispute, we look for actual evidence of it.
We do not assume every inconsistency is a lie, and a recantation does not automatically end a prosecution. We build the strongest challenge the facts support and prepare to put it before the court through admissible evidence and focused cross-examination. Do not contact the accuser or try to get witnesses to agree on a story. Let counsel handle that work.
What can the defense do if the government withholds or overlooks important evidence?
We identify what is missing, pursue it and make the omission matter to the defense. The government's investigative file is a starting point. It may leave out the full message thread, an earlier witness statement, underlying laboratory data or a record that changes the timeline.
We make specific requests that explain what we need and why it matters. We also look for evidence through a lawful independent investigation, rather than waiting for investigators to discover it for us. If the government refuses material it is required to provide, we can take the dispute to the military judge and seek an order compelling disclosure or another appropriate remedy.
If evidence has been lost or destroyed, we examine what happened, whether it can be recovered or replaced and how the loss affects the defense. An omission does not automatically mean misconduct or dismissal. Our job is to establish the facts, protect your ability to defend yourself and ask for a remedy the record supports.
How do you examine intoxication, blackout and memory issues in a military case?
We reconstruct what happened at the relevant time. Labels such as “drunk,” “blacked out” and “passed out” can describe different things, and those differences matter.
An alcohol blackout is a failure to form memories while a person remains awake. It is different from losing consciousness. That distinction does not establish whether someone consented or was capable of consenting. A later memory gap, standing alone, does not answer those questions, and neither does a witness saying the person could walk or talk.
We compare drinking history, timestamps, messages, video, receipts and witness observations. When the science matters, we work with an appropriate expert to examine the evidence and the assumptions behind the government's conclusions. We also look closely at how later interviews were conducted and whether an account rests on memory, inference or something someone else supplied.
The goal is a defensible timeline and a precise challenge to what the government can prove. We do not build your defense on a slogan about alcohol or consent.
Can the defense challenge medical examinations, DNA or other forensic evidence?
Yes. We examine the work behind the conclusion. A laboratory report or medical opinion can carry enormous weight, and we want to know whether that weight is justified.
We obtain the available examination records, photographs, laboratory data, collection history and underlying reports through the proper legal process. We identify the question the evidence can actually answer, the methods used and the assumptions the examiner made. If a scientific issue requires a specialist, we choose someone with the expertise to address that issue and work through the findings with them.
Sometimes that work exposes an unreliable conclusion. Sometimes the finding is sound but the government is asking it to prove more than it does. Sometimes it confirms a real weakness in the defense that we need to confront. Each possibility affects the strategy.
Tim and Ben turn that preparation into focused questions, appropriate evidentiary challenges and a clear explanation for the court. The point is to make the science understandable and test what it proves in your case.
How does Bilecki Law Group handle cases where there’s damaging digital evidence, like texts, social media, or smartphone forensics?
We get into the underlying evidence and test the government's interpretation. A damaging screenshot or sentence may be important, but we need the complete conversation, the relevant device data and a reliable account of who did what.
We examine timestamps, surrounding messages, account access, attribution and what the extraction did or did not capture. We compare the digital record with witness statements and the rest of the timeline. We also examine the consent or search authority and whether the collection stayed within its lawful scope. When technical questions require a forensic specialist, we bring those questions to the person qualified to answer them.
Some digital evidence will remain damaging after that work. We will tell you so. But we will not let a selected message or an unexplained forensic label substitute for an examination of the facts.
Preserve devices and records you lawfully possess. Do not delete material, reset a phone or enter someone else's account. Speak with counsel about secure preservation before trying to fix the problem yourself.
Charges, boards and your future
Can you still fight for my career, retirement and future if some charges are going to stick?
Yes. When the evidence is damaging, the defense still has work to do. Which offenses result in conviction, the sentence and any separate decision about your military future can matter for the rest of your life.
We test what the government can prove, challenge inflated allegations and explain what a proposed agreement would actually protect. If the case reaches sentencing, we put your service, family and full history before the court. Retirement and benefits consequences depend on the specific offense, sentence, service record and decisions that remain with the responsible authorities.
In a Camp Henry BAH case, our client faced five specifications near retirement. We audited the charged loss and negotiated one guilty plea, a 45-day confinement ceiling, no punitive discharge and specific commitments concerning separation and retirement. The judge imposed all 45 days. The Army approved retirement. That was a conviction with real punishment, and a defense that protected something the client had spent almost two decades earning.
Read the Camp Henry case, including what the agreement did and did not resolve.
How does BLG defend an Article 120 sexual assault case?
We build the defense around the precise allegation and the evidence that can prove or disprove it. Article 120 covers different offenses. An allegation about force, lack of consent or incapacity presents different factual questions, and the date of the alleged conduct matters to the law that applies.
We work through the statements, complete message threads, timeline, witness accounts and medical or forensic evidence. We investigate your side of the case, including witnesses and records the government missed. When alcohol, memory or a scientific conclusion matters, we identify the expert work needed to test it.
Credibility can be central, but calling the accuser a liar is not a defense plan. We look for specific contradictions, reliable corroboration, supported motives and weaknesses in the government's theory. We prepare the admissible evidence, motions and cross-examination that put those issues before the court.
Tim and Ben build that strategy together. Tim handles the courtroom fight. You should understand what helps, what hurts and how the defense intends to confront the government's case.
Can BLG handle a separation board or board of inquiry as well as a court-martial?
Yes. We represent service members in enlisted administrative separation boards and officer boards of inquiry, as well as courts-martial. Tim and Ben prepare the defense together and both travel for trials and boards.
A board is a separate fight. It does not decide criminal guilt, and its rules and standard of proof differ from a court-martial. The issues can include whether the alleged basis for separation is supported, whether you should remain in the service and what characterization should be recommended if you are separated. We read the actual notice and applicable service rules before advising you about your rights and choices.
We challenge unsupported allegations, prepare witnesses, build the service record and address retention with concrete evidence. If a criminal case and a board overlap, we account for how testimony, admissions and decisions in one proceeding could affect the other.
The written agreement identifies the proceedings we are handling. Tell us about both matters and every deadline at the outset so the defense is organized around the whole problem.
How do you defend military drug distribution or conspiracy allegations?
We make the government prove the transaction, your role and the knowledge the charged offense requires. A broad accusation about a drug ring can conceal important differences between what each person actually did.
We examine the alleged transfers, dates, quantities, recordings, payments, messages and laboratory identification of the substance. If an informant or another accused person is the main witness, we look at the witness's account, incentives and what independent evidence supports it. A name in a phone or an association with someone involved in drugs needs to be examined in context.
A conspiracy charge also requires proof of a criminal agreement and an act to carry it out. We test what the government says the agreement was and how the evidence connects you to it. We also examine searches, statements and the reliability of the government's collection methods.
That work identifies which allegations can be contested, which have been overstated and where the real risk lies. We build the defense around the evidence for each charge.
How do you defend fraternization or extramarital-conduct allegations tied to other charges?
We separate the relationship allegation from the other charges and examine the actual rule the government says you violated. Fraternization, extramarital conduct and a violation of a service regulation are not interchangeable accusations.
We look at rank, duties, the chain of command, marital status at the relevant time, the nature of the relationship and the specific conduct alleged. We read the regulation or offense that applies to those facts. Messages, schedules and witness accounts may tell a different story from the label on the charge sheet.
When a relationship allegation accompanies a sexual-assault charge, the defense needs particular care. Evidence offered to explain one allegation can affect another. A consensual relationship does not resolve every military offense, and proof of a prohibited relationship does not itself establish sexual assault.
We work through those distinctions before making statements, presenting evidence or negotiating. You need a strategy that addresses every charge and protects the defense as a whole.
How do you defend larceny, BAH, OHA, travel or other military fraud allegations?
We follow the money and audit the accusation. A government loss calculation is a claim to be tested, not a number we simply accept.
We work through the charged dates, payments, entitlement records, applications, orders, leases, travel vouchers and communications with finance or approving officials. We compare what you received with what the governing rules actually allowed during that period. We also examine what you knew, what you reported and what the government must prove about your intent under the particular charge.
An overpayment, a disputed entitlement and a deliberate false claim are different factual problems. The defense needs to establish which problem the records support. That may expose an inflated loss, a mistaken assumption or evidence that contradicts the government's theory. It may also identify an amount or act that needs to be confronted honestly.
We use that analysis to challenge the charge, prepare cross-examination and evaluate any proposed resolution. The details can change both the strength of the case and the consequences you face.
How do you approach allegations involving child sexual abuse material or online sex offenses?
We begin with the precise conduct charged and the underlying digital evidence. Possession, receipt, distribution, production and an alleged online attempt present different questions. A disturbing label does not relieve the government of proving the offense.
We examine how the material or communication was found, which account or device was involved, who used it and what the evidence shows about knowledge and intent. The full extraction, file history, timestamps and communications may matter more than a selected screenshot or an investigator's summary. We review the search authority and use an appropriate forensic specialist when the technical evidence calls for one.
We will confront damaging evidence directly and explain what can actually be challenged. That preparation informs the motions, trial strategy and any discussion of a resolution.
Do not download, copy or forward suspected child sexual abuse material to explain your case. Do not delete or alter the device. Contact counsel so the evidence can be preserved and reviewed through a lawful process.
How do you defend aggravated assault, attempted murder or other violent-crime allegations?
We reconstruct the event and test the government's account of how it happened. In a violent-crime case, a few seconds, a line of sight or the sequence in which force was used can change the defense.
We examine the scene, photographs, video, medical records, physical evidence and witness accounts. We look at who could actually see what happened, what each person did and whether the later descriptions fit the contemporaneous evidence. When identification, injury or another scientific question requires expert analysis, we pursue the work needed to test it.
We also separate the legal questions. Whether an assault occurred, whether a particular injury or intent is proved and whether self-defense applies require careful analysis. An attempted-murder allegation demands its own examination of the alleged intent and acts.
We build the timeline and defense theory together, then prepare the witnesses, motions and cross-examination needed to present it. The goal is to put the complete event before the court and force the government to prove the charge it actually brought.
Can a positive military drug test or questionable laboratory result be challenged?
Yes. A positive military drug test can be challenged, but the challenge needs evidence. A positive result is serious evidence and can support a finding of knowing, wrongful use. The defense has to test how that result was produced and what it proves in your case.
We examine the collection records, specimen identification, seals, chain of custody, laboratory documentation and reported findings. We look for a concrete issue affecting reliability or admissibility and identify any testing or expert review needed to understand it. We also need an accurate account of prescriptions, medications and any claimed exposure.
If you believe the result came from innocent ingestion, tell us exactly why. We need the details and supporting records while that explanation can still be investigated. We compare it with the science and the rest of the evidence.
The next step may involve a court-martial, nonjudicial punishment or separation proceedings. Tell us what notice you received and the deadline so we can address the evidence and the proceeding you are actually facing.
How do you defend hazing, maltreatment or dereliction allegations?
We identify the exact accusation, the duty or rule involved and what the evidence shows you actually did. “Hazing” can describe allegations pursued under different offenses or regulations. Maltreatment and dereliction each raise their own legal questions.
We examine the orders, training, duties, reporting relationships and circumstances of the event. We compare witness accounts with messages, schedules, records and other available evidence. In a dereliction case, we look closely at the duty alleged and what the government must prove about how it was performed. In a maltreatment case, the relationship between the people involved and the actual treatment matter.
Military context can explain an event, but “everyone did it” is not a substitute for a defense. We need evidence that addresses the charge, including facts that distinguish your conduct from someone else's.
We use that work to challenge unsupported conclusions, prepare focused cross-examination and address any related command or separation action. You need a defense built around your role and your evidence.
What if a sexual-assault allegation comes with other misconduct charges?
We analyze every charge and then build a strategy for the case as a whole. A sexual-assault allegation may arrive with drug, relationship, assault or false-statement charges. The seriousness of one accusation does not establish another.
We identify what evidence supports each allegation, which witnesses overlap and where the government's theories conflict. We also examine how a defense to one charge may affect another. For example, evidence about a relationship or drinking may answer one question while creating a different issue elsewhere in the case.
Those interactions matter before you give a statement, testify, agree to a stipulation or consider a plea agreement. We explain which allegations can be contested and exactly what a proposed resolution would leave you facing. We also examine any legitimate basis to challenge duplicative charging or the use of particular evidence.
You should not be pushed into treating a charge sheet as one indivisible accusation. The defense work can change individual findings, the sentence and the options available to protect your future.
What if I already have an NJP, reprimand or prior conviction?
A prior NJP, reprimand or conviction does not mean the new case is already lost. We need to know exactly what happened before and how the government intends to use it now.
Bring the actual records, including your response, the findings and any later correction or disposition. We examine whether the prior matter is relevant, whether the government can use it for the purpose it proposes and whether its account is accurate. Prior misconduct is not automatically admissible to prove a new charge, but it is not automatically excluded either.
We also plan for the stages where your history may matter differently, including sentencing or a separation proceeding. That means documenting service, rehabilitation, treatment where relevant, performance since the earlier incident and the people who can speak from firsthand knowledge.
Be candid with us early. A surprise in the government's packet makes preparation harder. Knowing the full history lets us challenge misuse of the old record and present the strongest accurate account of who you are now.
Defense before a court-martial · Administrative separation defense
Fees, expenses and affordability
What do the legal fees cover, and what other expenses should I expect?
Your legal fee pays for Tim and Ben to build and lead your defense. The written agreement defines the work included, and we address the fee and anticipated costs before you decide whether to retain us.
For a court-martial, the legal fee covers the Article 32 hearing, motions, trial on the merits and sentencing, as applicable. We do not add a legal fee because the case proceeds beyond Article 32 or charge for additional trial days.
A GOMOR rebuttal handled as its own matter has its own flat fee, as do administrative separation boards and boards of inquiry. Any written response already included in an investigation agreement remains part of that engagement. We do not charge for additional board days.
Travel expenses are separate from our legal fees. We explain those costs and the work they cover. You should know what you are paying for before you commit to it.
Legal fees and the consultation process · How we select investigators and experts
Does hiring BLG during an investigation increase the combined legal fee if charges follow?
No. For the same case and scope, you do not pay more in combined legal fees because you brought us in early.
An investigation is a separate engagement with its own legal fee. If charges are preferred, an additional court-martial legal fee becomes due at preferral. Those two fees together are the same amount we would charge if you waited until preferral to hire us. If the matter ends during the investigation, you owe only the investigation legal fee.
We structure the fee this way because we want time to work your side of the case while the government is building its version. Witnesses transfer. Video gets overwritten. A message pulled out of context can start to become the government's version of events. We want the opportunity to preserve that evidence and put the defense facts before the official who can stop or narrow the case. If charges follow, we take that work into the hearing, motions and trial.
Why the defense starts during the investigation · Discuss the scope and fees
Does choosing a contested trial increase BLG's legal fee?
No. We charge the same court-martial legal fee whether the case resolves with a guilty plea or goes to a contested trial. You do not owe another legal fee merely because the case proceeds beyond Article 32, and we do not charge for additional trial days.
You should not have to choose a guilty plea because our legal fee goes up if you fight. The decisions we make with you should turn on the evidence, the risks and your interests. Our job is to fight for the best result in your case.
Travel expenses and privately retained investigative or expert services remain separate from legal fees.
Court-martial representation and fees · How we prepare a court-martial defense
How are travel expenses handled?
You should know what travel is likely to cost before we get on a plane.
Travel expenses are separate from our legal fees. Before we travel, we provide an estimate. Your advance goes into client trust, and we provide an itemized accounting of the expenses, including any mileage or per diem specified in your agreement. We return unused funds. If expenses exceed the advance, we explain the additional charges and bill the difference.
When scheduling allows us to handle multiple cases in the same location, sharing travel expenses can reduce each client's cost. We look for those opportunities because the expense matters to the people paying it.
Travel expenses and consultation · Our worldwide representation
What should I do if I am worried about affording civilian defense counsel?
Tell us that cost is a concern. The representation has to make financial sense, and you should understand what hiring us would add before committing the money.
For a general or special court-martial, detailed military defense counsel is available without a private legal fee. Many military defense counsel are capable lawyers. Hiring civilian counsel is a separate decision, and you can keep your military lawyer as part of the defense team. Do not put off getting military defense advice while you work out whether you can retain a civilian firm.
The first attorney consultation we accept and schedule is free. We use that conversation to discuss the case, our role, the scope, the legal fee and anticipated expenses. Ask about the whole cost, including travel and any investigation or expert work that would need private funding. Necessary assistance approved for military funding is not charged to you.
We will tell you what we would bring to the defense. You need that information to decide whether retaining Tim and Ben is the right use of your resources.
Overseas representation
How does BLG represent someone stationed overseas?
Once you retain us, Tim and Ben build your defense with you remotely. Both attorneys travel for trials and boards. Your defense starts before we get on the plane.
You work directly with both attorneys through our work cell phone numbers and a shared WhatsApp group. We adjust our schedules for clients across time zones worldwide. Before travel is required, we work through the allegations, deadlines, records and witnesses with you and develop the defense. The lawyers you are communicating with are the lawyers preparing your case and coming to represent you.
We have spent years doing this overseas. Since starting the practice, Tim has traveled to Japan more than 75 times and to Korea more than 60 times. The firm's work has also taken us to Europe and the Middle East. That experience matters when witnesses and records are in another country and the defense has to be ready for an overseas courtroom. We plan for those realities from the beginning.
When appropriate and permitted, we use remote appearances for Article 32 hearings and some motion hearings to reduce travel expenses. Before we travel, we provide an estimate so you know what to budget for. We handle your military defense; representation in a host nation's courts is separate.
How our overseas representation works · Find your installation or region
How does Bilecki Law Group handle language and cultural issues for international witnesses and overseas investigations?
We treat language and cultural context as part of the evidence. A translated message or summarized witness account can change meaning when slang, tone or the surrounding conversation is left out. The defense needs to know what was actually said and why it matters.
That starts with the original record: the complete exchange, the language used, who translated it and the context in which it was written or spoken. Where understanding that evidence requires qualified language assistance, we identify the need as part of preparing the case. A witness's ability to communicate accurately also has to be addressed before the hearing, not discovered during testimony.
Our overseas work has included cases involving foreign witnesses, local records and extensive untranslated messages. We build that work into the defense rather than treating an English summary as the final word. The arrangements depend on the language, evidence and proceeding. We explain necessary outside work and its funding before a private cost is incurred.
How we build an overseas defense · Our approach to outside experts
Communication and family
How will I contact Tim and Ben about my case?
Once you retain us, you receive Tim’s and Ben’s work cell phone numbers and a WhatsApp group chat with both attorneys.
When something happens in your case, you can contact the lawyers preparing your defense directly. When you have a question about the strategy, you can ask the people developing it. That access matters because we know the evidence, the decisions ahead and what is at stake for you.
Can my spouse or parent contact you and help with my defense?
Yes. A military case can put an entire family under pressure. A spouse or parent may be the person making calls, tracking a deadline or helping arrange the consultation. We welcome that first contact.
Your family can help get the conversation started, and you can also speak with us privately without having to discuss the case in front of anyone else. Tell us who you want involved in consultations or updates so we can address consent and protect confidential information.
Once retained, the service member is our client and decides who may participate or receive information. A family member can help pay for the defense without taking control of it.
How will you help me understand and prepare for the stress of a court-martial?
We help by making the case understandable and preparing you for the decisions ahead. Being accused can affect your sleep, your family and the way you see every interaction at work. Waiting without knowing what matters can make that pressure worse.
Tim and Ben will tell you what the allegation means, what the evidence does and does not show, and what needs to happen next. We will also tell you when the answer is not yet known. Before a hearing or trial, preparation includes the choices you will face and the work needed to present your defense. You should understand the plan and your part in it.
Once retained, you have direct access to both lawyers through our work cell numbers and the shared WhatsApp group. With your consent, family can help without taking control of your decisions. Tell us when the pressure is affecting your ability to work with us. Legal preparation does not remove every fear, but you should not have to carry unanswered legal questions while trying to keep the rest of your life together.
Experience, results and resources
Can I see actual trial results, rather than just guilty pleas and dismissed cases?
Yes. Read the individual stories and look at what happened in the courtroom. A full acquittal, a mixed verdict, a negotiated plea and a case stopped before charges are different results. You should be able to tell which one you are reading.
At Camp Zama, Tim tried a case involving three Article 120 sexual assault specifications. Expert preparation supported cross-examination about DNA, the medical examination and a statement to CID. The defense rested without calling a case in chief, and the military judge acquitted the client of all three specifications. Read the Camp Zama trial story.
In an Okinawa stabbing case, the defense investigated the scene, challenged the eyewitness accounts and used an eyewitness identification expert at trial. An enlisted panel acquitted the client of all charges and specifications. Read the Okinawa trial story.
Those cases show the allegations, the defense work and the actual findings. They do not tell us what will happen in your case. That requires studying your evidence.
Where can I read or watch Tim and Ben explain their approach?
Start with our About page and the individual case results. The About page explains how Tim and Ben work together. The case narratives show the allegations, the defense work and the outcome, so you can evaluate more than a lawyer's description of himself.
Our biographies explain the experience each of us brings. The site's articles and video library address military investigations, evidence and defense decisions. Read or watch the material connected to what you are facing, and bring the questions it raises to the consultation.
You can also watch Tim's podcast, Off the Record. It explores how people reach decisions, what shaped their judgment and what the finished story leaves out. It is broader than military justice. Ben's biography links to his appearance on Freakonomics Radio, where the discussion examines the assumptions behind slippery-slope arguments.
These resources let you hear how we think and see how we explain the work. Applying that thinking to your case requires your actual facts.
About the firm · Case results · Tim's biography · Ben's biography
How can changes to the UCMJ or military court decisions affect my defense?
A change in military law can affect what the government must prove, which evidence can be used, who makes a charging decision and how punishment is determined. Those are practical defense questions, not academic details.
We have to identify the rule that applies to your case. That means examining the dates of the alleged conduct, the stage of the proceeding, the governing law and any relevant court decisions. The newest version of a rule does not necessarily govern every issue in an older case.
The next question is what the change lets us do: challenge evidence, revisit a legal theory, put a defense presentation before the correct decision maker or reassess the risk of a proposed resolution. Tim and Ben turn that legal analysis into decisions about evidence, motions and trial strategy.
Use an article to understand the issue and ask better questions. Do not assume that an older case story or an undated online answer describes the law governing your case today. The defense has to connect the actual rule to the actual facts.
Where can I find actual client experiences and understand what case results mean?
Read our client testimonials and our case results. They answer different questions, and both deserve a careful look.
A client can tell you what it was like to work with us: whether the lawyers explained the case, prepared them for difficult decisions and treated what was at stake seriously. That experience matters when you are choosing the people you will trust with your defense.
A case result should tell you what was alleged, what work the defense did and how the proceeding ended. Read the complete outcome. An acquittal, a negotiated resolution and a case stopped before trial should not be treated as the same event.
Then bring the comparison back to your case. Ask us what is similar, what is different and which facts we would need to examine before offering an assessment. A review is one person's experience. A prior result shows work performed in that case. Neither substitutes for a candid assessment of yours.
How should I evaluate court-martial results or a claimed win rate?
Ask what the number counts. A claimed win rate tells you very little unless you know which cases were included, the period covered and what the firm calls a win.
A full acquittal after a contested trial, a mixed verdict, a negotiated plea and an allegation stopped before charges are different results. Each can involve valuable defense work. Combining them into one percentage can hide the very distinction you need to understand. A count of published case stories is not, by itself, a count of trials or victories.
Read the underlying result. What did the client face? What did the lawyers do? Which allegations remained? What punishment or administrative action followed? If trial experience is important to your decision, look for actual contested trials and the findings reached there.
Our case results are meant to be examined that way. We want you to see the work and the complete outcome, then ask how our experience applies to your facts. A percentage cannot answer that question for you.
Additional questions about military investigations, trials and administrative action
CID searched my barracks room because of my roommate. What happens to my belongings they took?
Investigators can seize items they believe are evidence, but what they can lawfully take depends on the authority for the search: a commander's search authorization, valid consent, or a recognized exception. A roommate can consent to a search of shared space. That consent generally does not reach your private belongings, such as your locked wall locker, bags or phone. Seized items should be recorded on an evidence or property custody document. Ask for a copy. Property that is not evidence can be requested back through the investigating agency or your command. Do not try to recover it yourself, and do not discuss the case while you ask. If the search went beyond its authority, the defense can move to suppress what was found. Do not consent to further searches or give a statement until you have spoken with counsel.
My command gave me a no-contact order that affects where I live. Can a defense lawyer help?
Yes. A military protective order or no-contact order is a commander's order. It can move you out of your home or into the barracks, bar contact with a spouse or children, and cut off access to your belongings. It is issued without a hearing, and violating it is a separate offense that can make the underlying case worse. Counsel can do three things: make sure you understand exactly what the order allows, ask the command in writing to clarify or modify unworkable terms (for example, an escort to retrieve personal property, or arrangements involving children and housing), and keep a misunderstanding from becoming its own charge. Obey the order as written while any request is pending. A civilian protective order issued by a court is separate and has its own process.
The defense is still waiting for evidence from the government. Can the trial date be moved?
Yes. The defense can ask the military judge for a continuance, and the judge may grant one for reasonable cause. Outstanding discovery is one of the most common reasons. The government has a continuing duty to disclose, and the defense should not be forced to try a case it has not been able to examine. The request should identify what is missing, why it matters and what the defense has done to obtain it. A delay the defense requests and the judge approves generally does not count against the government's speedy-trial clock, so timing is a strategic decision. If late or missing disclosure causes prejudice, the defense can also ask for other relief, such as an order compelling production or limits on the government's use of the evidence.
What happens if a witness does not want to come to my court-martial?
Not wanting to come does not end the question. The defense can request any witness whose testimony is relevant and necessary. Service members are ordered to appear through their command. Civilians in the United States can be compelled by subpoena, and a civilian who is properly served and still refuses can be brought in on a warrant of attachment. Refusing a court-martial subpoena is also a federal offense. There are limits. A civilian cannot be subpoenaed to travel outside the United States, no one can be subpoenaed to an Article 32 preliminary hearing, and an alleged victim may decline to testify at that hearing. When a witness cannot be produced, the judge can consider alternatives such as remote testimony or a deposition. If the government refuses to produce a witness the defense needs, the defense can ask the military judge to order it. A witness may also decline a pretrial interview; that is different from refusing to testify at trial.
Can the Marine Corps start administrative separation while criminal charges are still pending?
Yes. The command can pursue administrative separation for the same conduct that is charged, and separation for misconduct does not require a court-martial conviction. How the two tracks are sequenced depends on the command and the separation rules that apply to the case, and we address it at the start. Once charges are preferred and at least one carries a punitive discharge, a Marine may also request separation in lieu of trial by court-martial. That request requires admitting guilt to a qualifying offense and usually results in an Other Than Honorable characterization, so it should never be submitted without counsel. If the request is denied, the admission cannot be used against you at the court-martial. We coordinate both tracks so that a step in one does not damage the other.
I pleaded guilty at court-martial. Can I still appeal anything?
Yes, but the list is shorter. An unconditional guilty plea gives up challenges to the facts of guilt for the offenses you admitted and most pretrial issues. It does not give up everything. Issues that can still be raised include whether the plea was knowing, voluntary and supported by the judge's inquiry; whether the sentence is lawful and reasonable; whether the plea agreement was honored; the court-martial's jurisdiction; and whether your counsel was effective. If the judge and the government agree before trial, a conditional plea can preserve a specific pretrial ruling for appeal. Cases with a punitive discharge, dismissal or at least two years of confinement are reviewed automatically by the service Court of Criminal Appeals. Since December 2022, other special and general court-martial convictions can also be appealed to that court, generally within 90 days after notice of appellate rights. Deadlines are strict, so talk to counsel as soon as the sentence is announced.
Can my commander order me to unlock my phone or give investigators my passcode?
A commander can authorize investigators to seize and search a phone. Giving up the passcode is a different matter. Telling investigators your passcode is a statement, and Article 31 forbids compelling a service member to make a statement that may incriminate them. The Court of Appeals for the Armed Forces upheld the suppression of evidence where investigators had a soldier unlock his phone after he asked for a lawyer. Do not resist the seizure, and do not unlock the phone, give the passcode, or delete anything. Say that you want a lawyer, and call us.
Is there bail in the military? How can I be released from pretrial confinement?
There is no bail in the military. Pretrial confinement is reviewed instead. A neutral officer must find probable cause within 48 hours, the commander must decide within 72 hours whether confinement continues, and a neutral reviewing officer must hold a review within seven days. After referral, the military judge can review the confinement. Counsel can argue for release or a lesser restraint, such as restriction or conditions on liberty, and can seek sentencing credit if the confinement was improper.
Is it confidential if I contact your office before I hire you?
Yes. What you tell us while seeking legal advice is treated as confidential even if you do not hire us, and the professional rules that govern our lawyers protect prospective clients. Use a personal phone and personal email, not a government device or account, because government systems are monitored. Do not send documents until we ask for them.
What happens after my charges are preferred but before they are referred?
Preferral is the formal accusation. Referral is the order sending the charges to a specific court-martial. In between, the charges go to a convening authority. A general court-martial requires an Article 32 preliminary hearing unless you waive it, followed by the staff judge advocate's written advice. For covered offenses, such as sexual assault, an independent special trial counsel decides referral. This stage is often where the defense has the most leverage: preparing for and using the Article 32 hearing, presenting evidence and negotiating before referral. The speedy-trial clock starts at preferral, or earlier if you were placed in pretrial confinement, under arrest, or in restriction in lieu of arrest. See our Court-Martial Process series: Preferral of Charges, Article 32 and Referral of Charges.
Should I accept nonjudicial punishment or turn it down?
It depends on the evidence and on your career. Unless you are attached to or embarked in a vessel, you can generally refuse nonjudicial punishment and demand trial by court-martial. Accepting it is not an admission of guilt; it chooses the forum. Refusing can lead to court-martial charges, administrative action or no further action. You can talk to a lawyer before you decide, and you can appeal the punishment to the next superior authority. The name changes by service: Article 15 in the Army and Air Force, office hours in the Marine Corps, captain's mast in the Navy and Coast Guard. See our Nonjudicial Punishment page.
Can the military prosecute a reservist for something that happened between drills?
Usually not by court-martial. The UCMJ reaches reservists for conduct while they are in a covered duty status, such as active duty or inactive-duty training. It also reaches travel to and from inactive-duty training and the intervals between drill periods on the same day or on consecutive days, such as the night between a Saturday and a Sunday drill. Conduct in civilian status between drills is generally outside court-martial jurisdiction, although civilian authorities may prosecute it and the unit may still pursue administrative action. National Guard members in state status are governed by their state's military code. The dates and your exact status control the answer, so have your orders and drill schedule ready when you call.
Where can I watch the firm's videos?
Our video conversations are on the Podcast page. Episodes include The Truth About Military Investigations; What Really Happens When You're Accused in the Military; How Military Trials Are Won; The Truth About Plea Deals in Military Court; What You Text Can Ruin Your Military Career; How to Defend Yourself at an Administrative Separation Board; Seven Days to Save Your Military Career: A Deep Dive into GOMOR Rebuttals; Why the Right Civilian Military Defense Attorney Makes All the Difference; What It Takes to Defend Military Clients 6,000 Miles Away; and No Backup, No Excuses: Defending Court-Martials Around the Globe. The Court-Martial Process series walks through each stage on video: What to Expect When You Are Under Investigation, Preferral of Charges, Article 32, Referral of Charges, Motions and Litigation, Trials and Sentencing Hearing.
What does it mean to be titled, and can my name be removed from the investigation report?
Titling means a military criminal investigative organization, such as CID, NCIS, OSI or CGIS, lists you as the subject of its report and indexes your name in a Defense Department database. The standard is credible information that you committed an offense. That is a low threshold. Titling is not a charge, a finding of guilt or a conviction, but the record can surface in background checks and security clearance reviews. You can ask the investigating agency to correct the record or remove your name, for example when the wrong person was named or probable cause did not exist. Timing matters, so do not argue the case with the agent while the investigation is open. Talk to counsel about when and how to make the request.
Do I have to take a polygraph if investigators ask me to?
No. A polygraph is voluntary for a suspect, and you can decline. At a court-martial, polygraph results, the examiner's opinion and any reference to taking or refusing a polygraph are not admissible. What you say before, during and after the exam is different. Those statements can be used against you, and the interview around the exam is often where investigators obtain them. Do not agree to a polygraph without speaking to counsel first.
What is a command investigation or AR 15-6 investigation, and do I have rights in one?
A command investigation is an administrative fact-finding inquiry. The Army calls it an AR 15-6 investigation; other services use command investigations or command-directed investigations. It is not a criminal trial, but its findings can support a reprimand, relief from a position, an adverse evaluation or separation. If you are suspected of an offense, the investigating officer must advise you of your Article 31 rights before asking about it, and you can decline to answer and consult a lawyer. You may be able to submit your own statement and evidence, and you may get a chance to respond before the findings are used against you. Treat it as seriously as a criminal investigation.
How long does a military investigation take?
There is no fixed deadline. A simple case can close in weeks. A sexual assault, fraud or digital-evidence case often takes many months, and review by special trial counsel or a legal office can add more. The speedy-trial clock generally does not run until charges are preferred or you are placed in confinement, under arrest, or in restriction in lieu of arrest. Conditions on liberty do not start it. While you wait, the command may suspend promotions, schools, moves or reenlistment. Use the time to preserve evidence and build the defense rather than to wait and see.
Can I PCS, deploy, retire or separate from the military while I am under investigation?
Often not on the planned date. The Army can flag you, which suspends favorable actions such as promotion, reenlistment, awards, schools and many moves. Other services use similar holds. If action with a view to trial begins before your separation date, the military can keep you on active duty past that date for the case. Retirement processing can also be delayed. Do not assume that a scheduled move, separation or retirement date will end the case, and do not make plans around it without advice.
Will an investigation or court-martial affect my security clearance?
It can, and the clearance process is separate from the criminal case. Security officers must report significant adverse information, and access can be suspended while the matter is reviewed. Adjudicators apply federal guidelines that consider criminal conduct, personal conduct and honesty during the process. An acquittal or dismissal helps but does not restore a clearance automatically. If the government proposes to deny or revoke it, you receive written reasons and a chance to respond and appeal. What you say in the criminal case and in the clearance process should be consistent, so plan both with counsel.
What is the difference between a summary, special and general court-martial?
A summary court-martial is a simple proceeding for minor offenses, heard by one officer. It is available only for enlisted members, you can refuse it, and its punishments are limited. It cannot impose a punitive discharge. A special court-martial is a criminal trial before a military judge, alone or with members. It can impose up to 12 months of confinement and a bad-conduct discharge. If the convening authority instead refers the case to a special court-martial consisting of a military judge alone, that court cannot adjudge a bad-conduct discharge, more than six months of confinement or more than six months of forfeitures. Asking for a judge to decide your case after an ordinary special court-martial referral does not lower those limits. A general court-martial handles the most serious cases and can impose up to the maximum punishment for each offense, including a dishonorable discharge or dismissal. A conviction at a special or general court-martial is a federal criminal conviction.
How long does it take to reach trial after charges are preferred?
The rules require the government to bring you to trial, which means arraignment, within 120 days of preferral or of the start of confinement, arrest or restriction in lieu of arrest. Approved delays do not count against that clock. In practice, many cases take several months to a year, and complex cases take longer. Pretrial confinement triggers a stricter requirement to move the case forward. The schedule is also a defense decision. Sometimes speed helps; sometimes the defense needs time for experts, discovery and investigation.
What is a plea agreement in a court-martial, and can it set my sentence?
A plea agreement is a written agreement with the convening authority, or with special trial counsel for covered offenses. You agree to plead guilty to some or all offenses, usually in exchange for limits on the charges or the sentence. It can set a sentence range or a specific sentence, and it can require the government to withdraw other charges. It usually also requires a stipulation of fact. The military judge must find your plea knowing, voluntary and supported by the facts, and must accept the agreement. Once accepted, the sentence must fall within its terms. Whether an agreement makes sense depends on the evidence and on what it actually protects, especially discharge and confinement.
Can I ask to leave the military instead of going to a court-martial?
Sometimes. Enlisted members facing charges that could result in a punitive discharge can request discharge in lieu of trial, called a Chapter 10 in the Army and separation in lieu of trial in the Navy and Marine Corps. Officers can submit a resignation in lieu of court-martial. The command can approve or deny the request. The request usually requires acknowledging guilt of a qualifying offense, and the discharge is usually characterized as other than honorable, which affects veterans benefits. If the request is denied, that acknowledgment cannot be used against you at trial. It can be the right choice in some cases and a serious mistake in others, so never submit one without counsel.
What is the difference between a bad-conduct discharge, a dishonorable discharge and an other than honorable discharge?
A bad-conduct discharge and a dishonorable discharge are punitive discharges. Only a court-martial can impose them, and a dishonorable discharge requires a general court-martial. Officers receive a dismissal instead. An other than honorable characterization is administrative. It comes from an administrative separation or a discharge in lieu of trial, not from a court-martial sentence. All three can cost veterans benefits. A dishonorable discharge, or an officer's dismissal adjudged by a general court-martial, triggers the federal prohibition on possessing firearms, and a court-martial conviction for an offense punishable by more than one year can trigger it on its own. The labels matter, and so does the process that produces them.
Will a court-martial conviction show up on my criminal record?
Yes. A conviction at a special or general court-martial is a federal criminal conviction, and the military reports it to the FBI's criminal history system. It can appear in background checks for employment, licensing, firearms purchases and immigration. Nonjudicial punishment and administrative separation are not criminal convictions. They can still appear in federal criminal history records, because fingerprints are submitted when an investigation establishes probable cause and the final disposition is reported, including nonjudicial punishment and an administrative discharge.
Will I have to register as a sex offender if I am convicted at a court-martial?
If you are convicted of a qualifying sexual offense, yes. Federal and state law require registration, and the Defense Department lists the UCMJ offenses that qualify, including many offenses under Articles 120, 120b and 120c and child pornography offenses. An investigation, nonjudicial punishment or administrative separation does not by itself require registration. The exact offense of conviction controls, which is why charge selection matters in trial strategy and in any plea discussion. Whether a particular offense requires registration where you live can also depend on that state's law.
Can the military and civilian authorities both prosecute me for the same thing?
It can happen. A state and the federal government are separate sovereigns, and a court-martial is a federal proceeding, so a state prosecution does not legally bar a court-martial for the same conduct. Service policies generally require senior approval before a court-martial follows a state prosecution. A federal civilian prosecution and a court-martial for the same offense are different, because double jeopardy bars trying the same offense twice by the same sovereign. Overseas, the host nation may also have jurisdiction under a status of forces agreement. Coordinate both cases with counsel from the start, because a statement or plea in one can affect the other.
Is there a statute of limitations for UCMJ offenses?
Yes, with major exceptions. For most offenses, charges must be received by the summary court-martial convening authority within five years of the offense, and nonjudicial punishment must be imposed within two years. There is no time limit for murder, rape, sexual assault, rape or sexual assault of a child, maiming or kidnapping of a child, or any offense punishable by death. Child abuse offenses have extended limits. Periods of unauthorized absence and some other periods do not count. Whether an old allegation is time-barred depends on the exact offense and dates.
What is a GOMOR, and how long do I have to respond?
A General Officer Memorandum of Reprimand is an administrative reprimand in the Army. It is not a criminal conviction, but if it is filed in your permanent record it can affect promotion, schools, retention and retirement. Your notice controls the deadline. The regulation gives seven calendar days to Soldiers on active duty and to Army Reserve Soldiers in troop program units, and 30 calendar days to Army National Guard and Reserve Soldiers who are not on active duty. An extension is not automatic, so keep working against the original deadline unless an extension is approved in writing. Your rebuttal is your chance to persuade the general officer to withdraw the reprimand or to file it locally rather than in your permanent record. See our GOMOR Rebuttals page.
Can a GOMOR be removed after it is filed in my permanent record?
Sometimes. You can appeal to the Department of the Army Suitability Evaluation Board. Removal generally requires clear and convincing evidence that the reprimand is untrue or unjust. In some cases the board can instead move it to the restricted folder once it has served its purpose. The Army Board for Correction of Military Records is a later option. Appeals take time and need evidence, so the best opportunity is still the original rebuttal.
Am I entitled to a board hearing if the military wants to separate me?
You are entitled to a board if you have six or more years of total military service or if the command could give you an other than honorable characterization. At the board you can be represented by counsel, present evidence and witnesses, and question the government's witnesses. The board makes findings on whether the basis for separation is proved and recommends retention or separation and the characterization. The separation authority makes the final decision and cannot act less favorably than the board recommended. You can waive the board, sometimes in exchange for a better characterization, but never waive it without advice. Officers facing involuntary separation generally go to a board of inquiry instead, although an officer with fewer than six years of active commissioned service can be separated without one unless an other than honorable characterization is proposed.
What is an other than honorable discharge, and what benefits could I lose?
An other than honorable characterization is the most serious administrative characterization. It is not a criminal conviction. It generally disqualifies you from GI Bill education benefits, and the VA decides for itself whether you remain eligible for other benefits. It can also affect civilian employment. You can later apply to your service's Discharge Review Board within 15 years of discharge, and to the Board for Correction of Military Records. The best time to prevent it is before the separation decision.
Can I upgrade my discharge later?
Often you can ask. The service Discharge Review Board can review an administrative discharge if you apply within 15 years. The Board for Correction of Military Records can review later cases and other errors. Boards must give liberal consideration to post-traumatic stress, traumatic brain injury, sexual assault or harassment and related mental health conditions. A discharge imposed by a general court-martial cannot be changed by a Discharge Review Board, and relief for any court-martial sentence is limited. Ask us whether your situation is one we handle; we will tell you directly.
What punishments can NJP or an Article 15 impose?
It depends on your rank and the rank of the commander imposing it. The possible punishments include a reprimand, extra duty, restriction, forfeiture of pay, reduction in grade and, for junior enlisted members, correctional custody. The limits are highest when a field-grade commander imposes punishment on an enlisted member: for example, up to 45 days of extra duty, 60 days of restriction and forfeiture of half a month's pay for two months, with limits on combining them. The notice you receive lists the maximums that apply to you. NJP cannot impose a punitive discharge.
Does an Article 15 go on my permanent record?
It depends on your service and grade. In the Army, a junior enlisted Soldier's Article 15 is generally filed locally, while for sergeants and above the imposing commander decides where it is filed in the permanent record. An Article 15 with a guilty finding for a sex-related offense goes in the performance portion of the permanent record regardless of grade. Other services record nonjudicial punishment in the service record. NJP is not a criminal conviction, but it can affect promotion, reenlistment, evaluations and later separation. Ask about filing before you decide how to respond.
Can a domestic violence conviction affect my right to own a firearm?
Yes. A conviction for a qualifying domestic violence offense, including at a special or general court-martial, triggers the federal prohibition on possessing firearms and ammunition. For many service members that can end a career that requires carrying a weapon. A civilian court's protective order issued after notice and a hearing can also trigger a prohibition while it is in effect. A command's military protective order is different, but it still has to be obeyed. Domestic violence under Article 128b is also a covered offense handled by special trial counsel.
What happens after a DUI on or off base?
Off base, civilian authorities usually prosecute, and the command can still take administrative action such as a reprimand, loss of base driving privileges and separation processing. On base, the command may handle it under the UCMJ, or it may go to a federal court. Article 113 prohibits driving with a blood or breath alcohol level at or above 0.08, or a lower limit where you were driving, and it also covers impaired or reckless driving. Refusing a lawful test can carry its own consequences. Talk to counsel before you respond to the command or the court.
What is extramarital sexual conduct, or adultery, under the UCMJ?
The offense is now called extramarital sexual conduct and is charged under Article 134. The government must prove sexual conduct with someone other than your spouse while you or the other person was married, that you knew of that marriage at the time, and that the conduct was prejudicial to good order and discipline or discrediting to the service. Legal separation by court order is an affirmative defense only if everyone involved was either legally separated by court order or unmarried at the time. It is often charged alongside other allegations and is frequently resolved administratively. The context, relationships and command involvement matter a great deal.
Can I be charged for lying to investigators even if I did nothing else wrong?
Yes. A false official statement is a separate offense under Article 107, and statements to military investigators are official statements. People are sometimes charged with this even when the original allegation fails. You are not required to explain yourself. It is lawful to say that you are invoking your right to remain silent and want a lawyer. That is far safer than guessing or shading the truth.
Does the military provide a free defense lawyer?
Yes. For a special or general court-martial, you are detailed a military defense counsel at no cost, and you can request a specific military lawyer if that lawyer is reasonably available. A summary court-martial does not carry a right to detailed counsel, although the services give you a chance to consult one. Military defense counsel can also advise you about nonjudicial punishment, reprimands and administrative separation. You can hire civilian counsel at your own expense and keep your military lawyer on the team. Do not wait for a hiring decision before getting military defense advice.
Can charges be dismissed before trial?
Yes, in several ways. The convening authority, or special trial counsel for covered offenses, can withdraw and dismiss charges at any time before findings, often after the defense shows weaknesses in the evidence. The military judge can dismiss charges for legal defects, such as a speedy-trial violation, an expired statute of limitations, lack of jurisdiction, failure to state an offense or unlawful command influence. A preliminary hearing officer can recommend that charges not go to a general court-martial. No lawyer can promise that charges will be dismissed. Each route requires different work, and most of it happens early.
What happens if host-nation police arrest me overseas?
Under most status of forces agreements, the host nation has the primary right to prosecute offenses against its laws, while the United States has the primary right for offenses committed in the performance of official duty, offenses solely against the property or security of the United States, and offenses solely against the person or property of another member of the force, the civilian component or a dependent. Custody and questioning rules vary by country. In some countries, a suspect can be held and questioned for extended periods without a lawyer present. Ask for your command's representative, say you want a lawyer, and do not sign documents you do not understand. The military case and the host-nation case need to be coordinated.
Can I lose my military retirement if I am convicted or separated?
Yes. A punitive discharge or dismissal ends your right to retired pay. That is also true for a retiree who is court-martialed after retirement and sentenced to a punitive discharge or dismissal. An administrative separation before you are eligible to retire ends the path to retirement, although members close to retirement have some added protections in the separation process. An officer's retirement grade can also be reviewed. Retirees remain subject to the UCMJ in some circumstances. When retirement is at stake, the defense strategy has to account for it from the first decision.