Full Acquittal for Army E-3 After Positive Urinalysis Test for Cocaine

Army E-5 tested positive on a urinalysis test for cocaine. At his ensuing court-martial for cocaine use, we raised the possibility of unknowing/innocent ingestion. We were able to do so without even subjecting our client to the risks of testifying. In addition, we presented compelling evidence of our client’s exceptional military character through the testimony of numerous peers and supervisors. Result: Full Acquittal.

Category: Positive Urinalysis Success Stories

Client Able to Retire from Army without Punitive Discharge

Army E-7 with 23 years of service was charged with entitlement fraud spanning two years in the hundreds of thousands of dollars. After a partial acquittal, the Government argued for two years confinement and a Bad Conduct Discharge. The sentence adjudged did not include any jail time or a punitive discharge. RESULT: Our client was able to RETIRE from the U.S. Army. 

Category: Military Success Stories

Army O-4 Retained After Repeated Alcohol-Related Incidents

An Army Major with 15 years of active duty service engaged in repeated alcohol-related incidents over the course of 3 years. These incidents included allegations of passing out in an airport while TDY, verbally abusing a subordinate over the telephone, falling down stairs and injuring himself while TDY, and failing to report to the start of a course due to severe intoxication. At the Board of Inquiry, we successfully demonstrated that he did not qualify as an alcohol rehabilitation failure. Result: By a vote of 3-0, the member panel recommended RETENTION. 

Category: Military Success Stories

Volatile Situation Involving Senior Officer Resolved Administratively

Army O-4 was investigated for disrespect, insubordination, and false imprisonment of a senior officer. The allegations stemmed from an extremely heated argument with his superior officer. The command was initially considering an Article 15 or court-martial, a referral OER, and had cancelled our client’s upcoming PCS and XO assignment. Upon retention, we assisted our client through all investigative steps and administrative responses. In doing so, we were able to successfully diffuse a very volatile situation, resolving the case with an administrative counseling. That administrative counseling was filed locally, and immediately shredded when we re-secured our client’s XO assignment and immediate PCS. Further, the senior officer who alleged the disrespect, insubordination, and false imprisonment became the subject of a separate investigation in light of our responses and presentation of evidence.

Category: Military Success Stories

Army E-5 AWOL Charges Withdrawn and Dismissed, No Jail Time or Punitive Discharge

Army E-5 deserted on the eve of deployment and remained away for 3+ years. Upon his apprehension by civilian authorities, he was transported back to his prior duty station. His command preferred a General Court-Martial charge against him where he faced the possibility of 3 years confinement and a Dishonorable Discharge. JAG Defense worked with the Soldier over a period of months to ensure he received mental health counseling for his previously un-diagnosed PTSD, and prepared a compelling package in support of a request to resolve the situation administratively, rather than in a court-martial. Over the objection of the Soldier’s immediate chain of command, the convening authority agreed to WITHDRAW and DISMISS the court-martial charge against our client, and granted an administrative discharge instead. Result: Our client was able to return home with No Conviction, No Criminal Record, No Punitive Discharge, and No Confinement.

Category: Military Success Stories

Charges Dismissed in Army E-4 Child Pornography Case

Army E-4 was charged with possession of child pornography and was facing the possibility of 10 years confinement, a dishonorable discharge, and a sex offender registration. At his Article 32 hearing, our knowledgeable cross-examination of the government’s forensic computer expert highlighted the government’s inability to prove that our client ever viewed the files of child pornography that were found on his computer. As a result, the government WITHDREW AND DISMISSED the charge against our client. 

Category: Military Success Stories

Army E-7 Found Not Guilty of Dereliction of Duty

Army E-4 abused inhalants while on duty in Iraq. A year later, a disgruntled Soldier posted a video of the inhalant abuse on YouTube and alleged that our client, an Army E-7, was aware of the abuse and took no action against the Soldier. As a result, the command charged our client with dereliction of duty, cruelty towards a subordinate, aiding and abetting, disorderly conduct, and false official statement. At our client’s ensuing court-martial, JAG Defense presented compelling additional information that the government’s investigation failed to uncover. In addition, we demonstrated that the disgruntled Soldier had a clear motive to fabricate allegations against our client and had a history of being a liar. Finally, we also called numerous character witnesses to vouch for our client’s good military character and character for truthfulness. Result: Without even having to testify, our client was found NOT GUILTY OF ALL CHARGES.

Category: Military Success Stories