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MCLB Albany Court Martial Defense: Defending the Marines of Marine Corps Logistics Command

The entrance sign and Dubber’s Oak at Marine Corps Logistics Base Albany, Georgia (2012).
The entrance sign and Dubber’s Oak at Marine Corps Logistics Base Albany, Georgia (2012).Photo: U.S. Marine Corps / Nathan L. Hanks Jr. · Public domain
Source and image detailsThe entrance sign and Dubber’s Oak at Marine Corps Logistics Base Albany, Georgia (2012)Full 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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MCLB Albany: The Logistics Backbone of the Corps

In southwest Georgia on the Flint River, Marine Corps Logistics Base Albany is one of the two great logistics hubs of the Marine Corps. It is the home of Marine Corps Logistics Command and of the Marine Depot Maintenance Command that rebuilds and repairs the Corps' ground combat equipment, the tanks, trucks, weapons, and gear that keep Marines in the fight worldwide. The base depends on accountability for an enormous inventory of government property and on a workforce of Marines, civilians, and contractors who sign for it. Families settle in and around Albany, a working southwest Georgia city, with the heat and the pine and the Flint nearby. A base built on stewardship of the Corps' equipment will protect that mission and move hard against a Marine who steps wrong.

Military defense is all Bilecki Law Group does, and Marines 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 Georgia Marine Who Opened the Pass

The standard for a Marine here was set by one of Georgia's own, Lieutenant Colonel Raymond G. Davis, born in Fitzgerald just up the road. At the Chosin Reservoir in the brutal cold of December 1950, Davis led his battalion off the road and straight over the frozen mountains, fighting through Chinese positions for three days and nights to relieve a surrounded rifle company and open the pass that let two trapped regiments escape. He went the hard way, through the enemy and the cold, because Marines were cut off and counting on him. That refusal to leave Marines behind is the standard we bring to a case at Albany.

Why Marines at Albany Bring Us In

We win court martial cases. Military defense is all we do, and Marines 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 base built on accountability for millions of dollars in equipment will make an example of a Marine to show its books are clean. A property shortage or a supply discrepancy can turn into a criminal investigation fast on a base like this. A serious case is investigated by NCIS, 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 Defense Services Organization may be capable but carries a heavy caseload inside the same system, which is why Marines serious about winning bring in their own counsel.

UCMJ Charges We Defend at MCLB Albany

The charges below are the ones we see most often at Albany, 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 a Marine's career because a Marine has to be able to carry a weapon. We also defend assault under Article 128, where self defense is a recognized defense.

Property Accountability, Larceny, and Supply Fraud (UCMJ Articles 121, 108, and 124). This is the charge a logistics base sees most. The government treats missing gear, an item that cannot be reconciled, equipment that walked off, or a falsified supply or maintenance record as larceny under Article 121, wrongful disposition of military property under Article 108, or fraud against the United States under Article 124. But a shortage on an inventory or an error in a record is not the same as theft or fraud, 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 merely that the paperwork did not match the shelf.

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 illegal under Georgia law outside a narrow medical program, so a positive test can support an Article 112a allegation, and the underlying conduct can also create state-law exposure if the evidence establishes the applicable state offense. 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 Marine who calls us from Albany is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the Defense Services Organization 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 retirement, 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 MCLB Albany, 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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FAQ

NCIS wants to interview me at Albany. 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. NCIS is gathering evidence, not offering a chance to explain, and on a logistics base a single statement about a missing item can drive an entire larceny or fraud case. Decline, ask for the Defense Services Organization or your own lawyer, and say nothing until you have one.

A property shortage came back to me. How does a missing item become a court martial?
On a logistics base the government can charge a shortage as larceny under Article 121, as wrongful disposition of property under Article 108, or, if records were changed, as fraud under Article 124. But a discrepancy is not a crime by itself. The government has to prove you took or disposed of the property and the state of mind required for the charged offense, including negligence where Article 108 permits it, and the accountability system, the hand receipts, and the inventory process are full of innocent explanations that a real defense brings out.

I'm under an Article 120 investigation. Will I have to register as a sex offender if I'm convicted?
A court martial conviction for a covered Article 120 offense triggers registration duties under the applicable federal and state law, with requirements and duration determined by the covered conviction and jurisdiction. The entire defense is aimed at defeating the charge or reducing it to an offense that carries no registration, and the investigation and the charging decision are where these cases are most often turned. Get your own counsel involved before you ever sit down with NCIS.

Mr. Bilecki represented me when I was falsely accused of SA. It was a long and stressful process that was eventually dropped by the accuser. No probable cause was found at article 32, and although higher AF still decided to go to court martial, it was ultimately dropped. I was a wreck for most of this process, however, Mr. Bilecki always gave me a sense that it was all going to be ok. I completely trusted him to handle it and that sense of confidence is so crucial in that time of need.

Ronald

Ronald

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