Skip to the main content

Worldwide military defenseTampa, Florida · We travel wherever the case requires.

Military defense by location

USAG Rheinland-Pfalz Court Martial Defense: Defending the Soldiers of Baumholder

The U.S. Army Garrison Rheinland-Pfalz sign at Rhine Ordnance Barracks (2019).
The U.S. Army Garrison Rheinland-Pfalz sign at Rhine Ordnance Barracks (2019).Photo: U.S. Army / Keith Pannell · Public domain
Source and image detailsSignFull frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

Get Free Case Evaluation

USAG Rheinland-Pfalz: Baumholder and the Army's Sustainment Backbone in Europe

In the Westrich highlands of western Germany, Baumholder is the anchor of U.S. Army Garrison Rheinland-Pfalz, a small, isolated hilltop community wrapped around one of the largest training areas in Europe. Its signature unit is the 16th Sustainment Brigade, the logistics command that moves, fuels, and supplies American forces across the theater, alongside the units that train on the ranges here. Baumholder has always been one of the harder, more remote tours in Germany, a long way from the bigger Kaiserslautern community down the road, the kind of place where there is not much off post and the command keeps a close eye on its Soldiers.

Out in an isolated garrison, a serious case is not something to hand to whoever is closest. Defending court martial cases is the firm's entire practice, and a steady part of it now runs through Europe from the Tampa office. We get on a plane and try the case, because for a charge that can end a career you want the lawyer with the record, not the short commute.

The Bridge at Remagen

In March 1945 the war in Europe came down to a river. The Rhine was the last great barrier into the German heartland, and the retreating Germans were blowing every bridge across it to buy time. On March 7, men of the 9th Armored Division reached the Ludendorff Bridge at Remagen, here in the Rhineland, and found it somehow still standing. The Germans set off their demolition charges, the bridge heaved and settled and held, and the Soldiers did the only thing that made sense. They ran straight across it into enemy fire, the first Americans over the Rhine, and that one intact bridge gave the Allies their foothold into Germany and helped crack the Reich open. Nobody promised them good odds, and they crossed anyway. That willingness to go when the odds are bad is the standard we bring to a case at Baumholder.

Why Soldiers at Baumholder 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 an isolated command will make an example of a Soldier to keep the rest in line. 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 Baumholder

These are the most common cases at Baumholder. They are examples, not limits, and we defend service members against the full range of UCMJ offenses.

Larceny and Government Property (UCMJ Articles 121 and 108). A sustainment community runs on the movement of property, fuel, equipment, and supplies, and that makes accountability cases common. 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 a hand receipt 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.

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 in an isolated community where a case draws attention fast. 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.

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. A Soldier is subject to the UCMJ off duty, so a DUI on the autobahn or a night out 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

Some Soldiers who call us from Baumholder are guilty, and we will not pretend they are not. 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 military sentencing parameters set a confinement range the judge has to work within, two and a half to ten years for sexual assault and ten to twenty for rape, with a departure requiring specific facts in writing, plus 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 Baumholder, 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.

Get Free Case Evaluation

FAQ

Army CID wants to interview me at Baumholder. 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.

Something happened off post in Germany. Could the German authorities get involved too?
They can, and they do. A serious off post matter in Germany, an autobahn crash or a DUI on the lower German limit, can be taken up by the German Polizei and prosecuted in a German court on a separate track from the UCMJ case your command is pursuing. Investigations in the two systems may overlap, and what you say to one can affect the other, so do not give a statement to anyone until you have talked to a defense lawyer. The SOFA allocates primary jurisdiction and limits a second trial for the same offense; overlapping investigations do not mean that both countries may freely try the same charge.

My command couldn't get a court martial, so now I'm facing a GOMOR. How do I fight it?
With the rebuttal, and it is the whole fight. You typically have only a handful of duty days to answer before the imposing general decides between a local filing, which is survivable, and a permanent filing in your record, which is not. The command reaches for a GOMOR precisely because it is administrative, where a standard far lower than a court martial may permit action after the Special Trial Counsel defers, subject to the applicable restrictions. A permanent filing can lead to an officer board of inquiry or enlisted separation review, so the rebuttal is an important early opportunity, and it has to be argued with evidence, not written as a plea for sympathy.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

Rafael L.

Read the full testimonial

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