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Joint Base Lindsey Graham (formerly Joint Base Charleston) Court Martial Defense: Defending the Airmen and Sailors of the Lowcountry

C-17 aircraft on the flight line at Joint Base Charleston.
C-17 aircraft on the flight line at Joint Base Charleston.Photo: U.S. Air Force / Dennis Sloan · Public domain
Source and image detailsU.S. Air Force C-17 Globemaster III aircraft assigned to the 437th Airlift Wing sit on the flight line at Joint Base Charleston, S.C., May 8, 2013 140508-F-LR006-081Full 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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Joint Base Lindsey Graham (formerly Joint Base Charleston): Airlift and the Nuclear Power School in the Lowcountry

In the South Carolina Lowcountry, Joint Base Lindsey Graham, formerly Joint Base Charleston, joins an Air Force airlift wing with a Navy weapons station and one of the Navy's nuclear power training commands. The C-17 Globemasters of the 437th Airlift Wing fly the heavy airlift mission from here, while across the joint base the Navy runs a weapons station and trains the Sailors who will operate the reactors aboard the fleet's submarines and carriers. The people stationed here are aircrew, maintainers, nuclear students, and the families that settle in Summerville, Goose Creek, and Moncks Corner, with historic Charleston, the marsh, and the Lowcountry beaches and food right there. A joint command running airlift and nuclear training will hold its people to a hard standard and make an example of one who falls short.

Military defense is all Bilecki Law Group does, and Airmen and Sailors fly us in from around the world for these cases, to Okinawa, Germany, and Korea, because when everything is on the line they want the best, not the nearest. We are not the lawyer across the street from Charleston, but we are close, a short flight from our Tampa office.

The Pilot Who Landed on the Burning Runway

The airlift mission's standard was set by Lieutenant Colonel Joe M. Jackson at Kham Duc in 1968. With a special forces camp being overrun and a three-man combat control team stranded on a runway littered with wreckage and zeroed in by enemy guns, Jackson brought his unarmed C-123 transport down in a steep, diving approach, touched down amid the burning debris and exploding ordnance, snatched the three men aboard, and flew out through a wall of fire. He put a slow, defenseless transport into a place fighters would not go, to bring three men home. That willingness to fly into the worst of it for someone else is the standard we bring to a case at Charleston.

Why Service Members at Charleston Bring Us In

We win court martial cases. Military defense is all we do, and service members 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 joint command running airlift and nuclear training will make an example of someone to keep the standard sharp. A serious case is investigated by the Air Force Office of Special Investigations, or by NCIS on the Navy side, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your commander but goes to an independent Special Trial Counsel. The free counsel detailed to you may be capable but carries a heavy caseload inside the same system, which is why those serious about winning bring in their own counsel.

UCMJ Charges We Defend at Joint Base Lindsey Graham

What follows are the charges we most often defend at Joint Base Lindsey Graham. They are not the only ones, and if yours is not here we still want to hear from you.

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 a tight unit where word of an allegation travels fast and the command wants to look decisive. 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 military career because a service member has to be able to carry a weapon. We also defend assault under Article 128, the usual charge when a night out in Charleston ends in a fight, where self defense is a recognized defense.

Larceny and Government Property (UCMJ Articles 121 and 108). An airlift wing and a weapons station move an enormous amount of cargo, parts, and controlled material, and accountability is unforgiving. 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. A service member is subject to the UCMJ off duty, so an incident off base comes back to the command, and for a Sailor in the nuclear pipeline a drug allegation can also pull qualifications and access before anything is proven. 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 service member who calls us from Charleston is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the 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 the judge sentences within confinement ranges fixed by the offense, two and a half to ten years for sexual assault and ten to twenty for rape, with specific facts in writing required to support a departure, 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 Joint Base Lindsey Graham, 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 Joint Base Charleston

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 or NCIS wants to interview me at Charleston. Do I have to talk to them?
No. Whether it is the Air Force Office of Special Investigations or NCIS, you are not required to sit for the 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. They are 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 a student in the Navy nuclear power pipeline and an allegation came up. What happens to my training?
A serious allegation can pull you from the pipeline and end a nuclear career, because the command can act administratively, removing you from training and from access, on a far lower standard than a court martial requires. The criminal case and your training and qualification status run on separate tracks, but the administrative side usually follows what the investigation finds, so the most valuable thing you can do is get your own counsel involved early and force the case to prove what it actually has.

Something happened off base in the Charleston area. Can the military court martial me for it too?
Yes. South Carolina and the military are separate sovereigns, so the same incident can be prosecuted by the local authorities and by a court martial, and a civilian dismissal or even an acquittal does not end the UCMJ exposure. The command does not have to wait for the local prosecutor, and a statement to one system can be used by the other, so do not talk to the police, OSI, or NCIS until you have a defense lawyer.

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