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USAG Bavaria Court Martial Defense: Defending Soldiers at the Army’s Training Hub in Europe

The illuminated water tower at Tower Barracks in Grafenwoehr, Germany (2020).
The illuminated water tower at Tower Barracks in Grafenwoehr, Germany (2020).Photo: U.S. Army / Ellen C. Brabo · Public domain
Source and image details7ATC lights iconic water tower as sign of unityFull 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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USAG Bavaria: Where the Army Trains for the Fight in Europe

In the Oberpfalz of eastern Bavaria, U.S. Army Garrison Bavaria runs the Army's training heart in Europe, spread across Grafenwöhr and its Tower Barracks, Rose Barracks at Vilseck, and the Joint Multinational Readiness Center at Hohenfels. Grafenwöhr, "Graf" to the Soldiers who train there, is the U.S. Army’s largest permanent training area in Europe, a sprawl of live fire ranges that runs around the clock, and the JMRC at Hohenfels is where American and NATO units fight the force on force rotations that get them ready. The population is split between the rotational units that cycle through for a few weeks and leave and the permanent party, above all the 2nd Cavalry Regiment, the Dragoons, stationed at Rose Barracks. It is a hard charging place built to push Soldiers, and when something goes wrong in training or off duty, the command moves fast to show it holds the line.

Training accidents and serious charges out here move fast, and a Soldier wants counsel who tries these cases for a living, not as a sideline. That is all Bilecki Law Group does, and the firm now handles cases across Europe from its base in Tampa. We fly in ready to fight, because for a case that can take your career and your freedom you want the best trial lawyer you can get, wherever he is based.

The Officer Who Led From the Front Through Nuremberg

About an hour west of Grafenwöhr lies Nuremberg, where the Army took the Nazis' own parade grounds the hard way, and one of the men who led that fight was Lieutenant Michael J. Daly. On April 18, 1945, Daly led his company into the shattered, sniper infested city, and he did not lead from behind. When machine gun fire pinned his men, he went forward alone and killed the gun crew with his carbine. He did it again against a German patrol setting up to ambush American tanks, and again against the machine gun nests in his path, destroying three of them and clearing the way for his company through the rubble. The next day a sniper's round caught him through the head, and he lived. He earned the Medal of Honor for going first into the worst of it. That willingness to take the hardest ground himself is the standard we bring to a case at USAG Bavaria.

Why Soldiers at USAG Bavaria Bring Us In

We win court martial cases. Military defense is all we do, and Soldiers fly us in from all over the world 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 training command will make an example of a Soldier to keep standards sharp in front of the rotational units watching. A serious case is investigated by Army CID, 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. Your Trial Defense Service counsel may be capable but carries a heavy caseload inside the same system, which is why Soldiers serious about winning bring in their own counsel.

UCMJ Charges We Defend at USAG Bavaria

We take on the full range of court martial charges. Below are the ones that come up most often at USAG Bavaria.

Training Accidents and Negligent Homicide (UCMJ Articles 92, 119, and 134). Graf and the JMRC run constant live fire and force on force training, and when a range goes wrong, a negligent discharge, a vehicle rollover, or a training death, the command reaches for dereliction under Article 92 or, when someone is killed, involuntary manslaughter or negligent homicide. An accident is not automatically a crime. These cases turn on what the range procedures and the standard of care required and whether any breach crossed into criminal negligence, not on the bare fact that something went wrong, and we bring in the expertise to reconstruct what happened rather than let a bad outcome stand in for proof.

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, all the more so at a training hub where the command wants to look decisive in front of the units cycling through. 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 means confinement, a federal record, and a place on a sex offender registry.

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 Army career because a Soldier has to be able to carry a weapon. We also defend assault under Article 128, where self defense is a recognized defense.

Larceny, Drugs, and Off Duty Conduct (UCMJ Articles 121, 112a, and 134). Property cases turn on the intent the government has to prove rather than assume, and drug cases turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. A Soldier is subject to the UCMJ off duty, so a DUI on the autobahn or a night out in the Bavarian towns around post that ends badly comes back to the command, and a serious off post incident in Germany can put you in front of the German Polizei and a German court, not just your command. A bad night can mean a court martial and a foreign case at once, so get counsel involved before you talk to anyone.

A Career and a Reputation Worth Defending

Plenty of the Soldiers who call us are not innocent, and we do not pretend they are. What matters is how serious the case is, not your rank. If a matter is genuinely minor, your Trial Defense Service 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 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, for 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 USAG Bavaria, reach out for a free defense 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 USAG Bavaria

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

FAQ

A training accident or negligent discharge happened at Grafenwöhr or Hohenfels. Am I looking at a court martial or administrative action?
It depends on the harm and on whether anyone was criminally negligent, which is why an early, honest read matters. A range mishap can be handled at nonjudicial punishment, administratively, or as a court martial, and a serious one, especially with injuries or a death, draws CID and can become an involuntary manslaughter or negligent homicide charge. Those turn on culpable or simple negligence, not on the bare fact that something went wrong. An accident is not automatically a crime, and we bring in the right expertise to reconstruct what the range procedures and the standard of care actually required.

Army CID wants to interview me at Grafenwöhr or Vilseck. Do I have to talk to them?
No. You are not required to sit for a CID interview or answer their questions. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both at any point, including before the interview begins. CID is collecting evidence, not giving you a chance to explain, and it takes very little to be titled as a subject, a label that follows you for years. Decline, ask for counsel, and call a defense lawyer before you give any statement.

I'm permanent party with the 2nd Cavalry Regiment at Vilseck, not just rotating through the JMRC. How is my situation different?
Quite different from the units that cycle through Hohenfels for a few weeks and leave. As permanent party with the Dragoons at Rose Barracks, your command, your witnesses, and your whole life are here, which means a serious case stays here and runs its full course, with the German host nation layer and the off post conduct rules as real exposure. That cuts both ways, because you also have a stable record and a community a transient Soldier does not, and we work both the UCMJ case and any German interest in it.

Why hire Bilecki Law Group over a civilian lawyer based here in Germany?
Because a contested court martial is decided by a panel, and what gives you the best shot in front of one is the lawyer's skill in the courtroom, not how close his office is. Court martial defense is all we do, the firm has taken on significant European casework since moving to Tampa, and we fly in for the fight. For a case that can end in confinement and a federal conviction, you want the most proven trial lawyer you can get, not the nearest.

If you are reading this review, you are likely in serious legal trouble in the military. … Look no further because Tim Bilecki and Ben Gold are the best military attorneys in the market. The best decision I ever made, and we won my case, but either way, from start to finish, I never felt like they took me, my case, or my money for granted.

Ed A.

Ed A.

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