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Beale Air Force Base Court Martial Defense: Defending the Airmen of the Reconnaissance Wing

The PAVE PAWS radar at Beale Air Force Base.
The PAVE PAWS radar at Beale Air Force Base.Photo: U.S. Missile Defense Agency · Public domain
Source and image detailsPAVE PAWS Radar, Beale AFB, USAFull frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

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Beale Air Force Base: The Home of High-Altitude Reconnaissance

In the Sierra foothills north of Sacramento, near Marysville and Yuba City, Beale Air Force Base is the home of the 9th Reconnaissance Wing, for generations the heart of American high-altitude reconnaissance. Beale once flew the SR-71 Blackbird and continues to operate the U-2 Dragon Lady, the high-flying aircraft that brings back the picture from the edge of space, while the base prepares for changes in its reconnaissance and battle management missions. A Reserve refueling wing and a missile-warning radar squadron share the installation. The people here are pilots, intelligence professionals, maintainers, and the analysts who turn what is collected into something commanders can use, in the warm, dry country of the Sacramento Valley with the Sierra Nevada and Lake Tahoe within reach. A wing built on collecting the truth will protect its standards and move hard against an Airman who steps wrong.

Military defense is all Bilecki Law Group does, and Airmen fly us in from our office in Tampa because a contested court martial is decided by trial experience, and we bring it wherever the case is.

The Pilot Who Finished the Mission and Would Not Leave His Man

The standard for Beale was set by Lieutenant Colonel Leon R. Vance Jr., leading a heavy bomber group against the German coastal defenses on June 5, 1944, the eve of D-Day. Flak crippled his aircraft, killed the pilot, and nearly severed Vance's right foot, but he pressed the attack and completed the bomb run. Believing one wounded crewman was too badly hurt to bail out, Vance ordered the rest of the crew to jump and then ditched the bomber in the Channel himself to try to save the man, riding the aircraft down and searching the wreckage before he was finally pulled from the sea. He finished the mission and would not leave a man behind. That is the standard we bring to a case at Beale.

Why Airmen at Beale Bring Us In

We win court martial cases. Military defense is all we do, and Airmen fly us in from all over the country because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a wing built on a sensitive mission will make an example of an Airman to protect its image. A rated pilot faces a second front, because a Flying Evaluation Board can pull you off flying status on a standard far below a conviction, and for the cleared workforce here an allegation can put access at risk, which is one more reason to fight the underlying charge hard and early. A serious case is investigated by the Office of Special Investigations, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. The Area Defense Counsel may be capable but carries a heavy caseload inside the same system, which is why Airmen serious about winning bring in their own counsel.

UCMJ Charges We Defend at Beale Air Force Base

The charges below are the ones we see most often at Beale, not the only ones we defend. If you are facing a different UCMJ allegation, we handle that too.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction can mean confinement and a federal record, with registration required for a covered sex offense under the applicable federal and state law.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end an Air Force career because an Airman has to be able to carry a weapon. We also defend assault under Article 128, the usual charge when a night out ends in a fight, where self defense is a recognized defense.

Larceny and Government Property (UCMJ Articles 121 and 108). A reconnaissance wing is issued and signs for a great deal of aircraft parts, tools, and sensitive equipment, and accountability is taken seriously. The government treats missing gear, an item that cannot be reconciled, or property that walked off as larceny under Article 121 or wrongful disposition of military property under Article 108, but a shortage on an inventory is not the same as theft, and the government still has to prove the state of mind required by the charged offense: intent for larceny or fraud, or negligence where Article 108 permits it, not just that something cannot be found.

Drugs and Off Duty Conduct (UCMJ Articles 112a and 134). Drug cases often turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. Marijuana is legal under California law but remains a federal controlled substance and a court martial offense under Article 112a, and buying it at a dispensary does not make it lawful for an Airman, while for aircrew a drug allegation can trigger a suspension of flying duties and a separate review of flight status. A positive test is evidence the government may use to argue knowing, wrongful use, not an automatic finding of guilt, so the collection, the chain of custody, and whether any use was knowing all remain the government's to prove.

A Career and a Reputation Worth Defending

We do not pretend that every Airman who calls us from Beale is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the Area Defense Counsel can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your wings if you fly, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable sentencing parameters tie a confinement range to the offense, two and a half to ten years for sexual assault and ten to twenty for rape, that a judge can depart from only by stating specific facts in writing, on top of any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at Beale Air Force Base, reach out for a free, confidential strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

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Cases Connected to Beale Air Force Base

These cases include trials, hearings, investigations, and administrative matters. A connection to this location does not necessarily mean that the trial occurred here.

FAQ

OSI wants to interview me at Beale. Do I have to talk to them?
No. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both before the interview begins. OSI is gathering evidence, not offering a chance to explain, and a statement can drive the criminal case, an action against your flying status, and a separate look at your access all at once. Decline, ask for the Area Defense Counsel or your own lawyer, and say nothing until you have one.

My security clearance was suspended over the investigation. Can you get it back?
We defend the court martial or the criminal charge that is driving the suspension, which is the right way to protect your access, because the fastest way to save a clearance is to defeat the allegation behind it. We do not litigate the clearance adjudication itself, but winning the underlying case is what gives you the ground to get your access restored.

I'm rated aircrew. If I beat the charge, can I still lose my wings?
Yes, because a Flying Evaluation Board is a separate proceeding on a lower standard than a conviction. You can win the court martial and still be removed from flying status if the board side is not fought, which is why the underlying allegation has to be defended on both fronts from the start. We handle the criminal case and the aviation board together.

After many, many months of a huge roadblock and stand still in my career I was fully acquitted of all charges, The decision I made to contact Tim Bilecki was the best decision I have made. These charges would have destroyed my career. Tim and Ben are an amazing hardworking team, every meeting leading up to my court date I was at ease knowing they were on my side and believed in me. … when the final verdict came back ACQUITTED, I am back on track and can finally prepare once again for a successful future.

Danny O’Connell Jr.

Danny O'Connell Jr.

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Prior results do not predict future outcomes. A prospective client may not obtain the same or similar results.