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Naval Base Guam Court Martial Defense: Defending Sailors at the Navy’s Forward Submarine Hub

An aerial view of Naval Base Guam (2006).
An aerial view of Naval Base Guam (2006).Photo: U.S. Navy · Public domain
Source and image detailsUS Navy 060920-N-0000X-001 An aerial view of U.S. Naval Base Guam Sept. 20, 2006. Naval Base Guam supports the U.S. Pacific FleetFull 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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Naval Base Guam: The Submarine Tip of the Spear in the Western Pacific

On Apra Harbor, Naval Base Guam is the Navy's forward operating hub in the Western Pacific and the home of Submarine Squadron 15, the fast attack submarines that patrol the most contested waters in the world from Polaris Point. The Sailors here are submariners and the ship's and shore company that keep the boats running, thousands of miles from the mainland on a thirty mile island where Marine Corps Drive is the one road everyone shares, typhoon season can lock the base down for days, and you cannot drive off when you need a break. That isolation is part of the picture. There is no large American legal community to turn to here, and a command on a small island has every incentive to be seen handling its own quickly.

Guam is United States soil, so the UCMJ reaches a Sailor here the same as anywhere, and the firm that defends you should know the Pacific. Military defense is all Bilecki Law Group does, the firm has deep experience across the Pacific theater, and Sailors fly it in from wherever the Navy sends them. A case at Naval Base Guam does not have to be handled by whoever happens to be nearest.

The Skipper They Called the Destroyer Killer

The submarine force that operates out of Guam carries a tradition built by men like Commander Samuel D. Dealey of the USS Harder. Where most submarines ran from enemy destroyers, Dealey hunted them. On the Harder's fifth war patrol in 1944, he took on a series of short range torpedo attacks against the very ships built to kill submarines, sinking three Japanese destroyers and damaging two more in a matter of days, breaking up an enemy force and earning the nickname the Destroyer Killer. He pressed every attack to the edge. On the Harder's next patrol the boat was caught and sunk with all hands off Luzon, and Dealey received the Medal of Honor for the fight he made. That refusal to give ground to a bigger opponent is the standard we bring to a case at Naval Base Guam.

Why Sailors at Naval Base Guam Bring Us In

We win court martial cases. Military defense is all we do, and Sailors fly us in from all over the world because of our trial record and our experience across the Pacific. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a command on an isolated island will make an example of a Sailor to keep the rest in line. 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 the command but goes to an independent Special Trial Counsel. Your detailed defense counsel may be capable but carries a heavy caseload inside the same system, which is why Sailors serious about winning bring in their own counsel.

UCMJ Charges We Defend at Naval Base Guam

Think of the list below as the most common cases at Naval Base Guam, not the limit of what we handle under the UCMJ.

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 on a small island where word travels 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.

Unauthorized Absence and Missing Movement (UCMJ Articles 86 and 87). On a forward submarine base the boat's schedule is everything, and missing a movement under Article 87 is treated far more seriously than a simple unauthorized absence because it can sail a boat short handed. The government has to prove you knew of the movement and that any absence was without authority, and a missed sailing caused by confusion over a changed schedule, a medical issue, or bad information does not by itself establish the design or neglect the charged offense requires.

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 Navy career because a Sailor 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 Sailor is subject to the UCMJ off base, so a night out on the Tumon hotel strip or anywhere on island that goes wrong comes back to the command, and because Guam is a United States territory, the Guam police and the federal court here can pursue the civilian side of the same incident at the same time. A bad night can mean a court martial and a civilian case at once, so get counsel involved before you talk to anyone.

A Career and a Reputation Worth Defending

Not every Sailor who calls us from Guam is innocent, and we do not pretend otherwise. What matters is how serious the case is, not your rank. If a matter is genuinely minor, your detailed 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 retirement, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and where the sentencing parameters apply, a judge sentences within a set confinement range, two and a half to ten years for sexual assault and ten to twenty for rape, and must state specific facts in writing to support a departure, along with 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 Naval Base Guam, 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 Naval Base Guam

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

FAQ

NCIS wants to interview me at Naval Base Guam. Do I have to talk to them?
No. You are not required to sit for an NCIS 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. NCIS is collecting evidence, not giving you a chance to explain. Decline, ask for counsel, and call a defense lawyer before you give any statement.

Guam is thousands of miles from the mainland. Can the firm really defend a case out here?
Yes, and we already have. Military defense is all we do, and we have flown to Guam to defend court martial cases here and won them. The distance is just part of the work.

Something happened off base in Guam. Is that a military case or a civilian one?
It can be both. Guam is a United States territory, so the local police and the federal court here can handle the civilian side while your command pursues the UCMJ side, and the two run on separate tracks over the same night. What you say to either can affect both, so do not give a statement to anyone until you have talked to a defense lawyer.

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.

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