JAG Defense Negotiated for Naval Officer’s Multiple Charges to be Dismissed

A 22-year Naval Officer was charged with attempted murder, reckless endangerment, and destruction of property. These charges were all the result of his admitted cutting of the emergency brake cable and rear brake line on an enlisted member’s car. Despite extensive pretrial investigation and negotiations, our client’s command initially refused to withdraw the attempted murder charge. Ultimately, however, we negotiated a pre-trial agreement wherein the attempted murder, reckless endangerment and destruction of property charges were WITHDRAWN and DISMISSED WITH PREJUDICE. In exchange, our client pleaded guilty to a lesser offense of aggravated assault. At the sentencing hearing, the prosecutor requested that the judge impose the maximum punishment allowed under the law – confinement for three years and a Dismissal. We presented an extensive sentencing case for our client that led to the imposition of only three (3) months of confinement, forfeitures of pay, and a reprimand. In addition, our client was not Dismissed at his court-martial and subsequently was able to RETIRE from the U.S. Navy. 

Category: Military Success Stories

Navy Sailor Received Additional Pre-trial Confinement Credit

A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client’s time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.

Category: Military Success Stories

Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a “Civilian Conviction” under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-5 Retained at Discharge Board for Disrespect to a Master Chief

A Navy E-5 was charged with disrespect to a Master Chief. Upon retaining our services, our client took our advice, refused Captain’s Mast and demanded a court-martial. Instead, his command initiated administrative discharge processing. At his subsequent administrative discharge board, we presented an overwhelming case in mitigation of our client’s actions. Result: Our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-9 Retires as a Master Chief Despite Unprofessional Relationship

A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as a Master Chief.

Category: Military Success Stories

Dentist Able to Resign from Navy and Continue to Practice as Civilian

A Navy dentist was charged with drug distribution after she improperly prescribed medication to enlisted personnel in her work center. After retaining our services, we were able to secure a resolution to these charges that allowed her to maintain her license to practice dentistry and did not result in a criminal conviction. Instead, our client resigned from the Navy and is still able to practice dentistry as a civilian. 

Category: Military Success Stories

Charges Dropped for Navy E-5 Charged with Aggravated Assault

Navy E-5 was charged with attacking 4 security personnel during an interrogation. At the time he retained our services, our client’s command had referred his case to a Special Court-Martial, where he faced up to a year in jail, a federal criminal record, and a punitive discharge. After extensive negotiations with his command, we were able to secure a pre-trial agreement wherein our client’s case was handled at a Summary Court-Martial, thereby avoiding a federal criminal record. As part of the pre-trial agreement, we also convinced the command to characterize our client’s service as General (Under Honorable Conditions). Result: Our client avoided a criminal record, spent not a single day in confinement, and received a General (Under Honorable Conditions) administrative separation from the military. 

Category: Military Success Stories

Navy E-7 Retained with a 3-0 Board Vote of No Misconduct

A retirement-eligible Navy Chief allegedly made a racist comment to a subordinate Sailor. As a result, her command attempted to discharge her, which would have likely resulted in the loss of her retirement. At her discharge board, we presented evidence that the alleged “victim” of the racist comment had a history of filing baseless EO complaints throughout her career. Further, we demonstrated that the command failed to exhaust lesser administrative remedies for the situation. Result: The board voted 3-0 that our client committed NO MISCONDUCT and she was RETAINED in the Navy. 

Category: Military Success Stories

Navy E-6 Charged with Spousal Abuse Receives Honorable Discharge from the U.S. Navy

Navy E-6 was court-martialed for severely beating his first wife in 2006 and his second wife in 2007. Based upon the charges, our client was facing up to 30 years of confinement and a Dishonorable Discharge. In addition to securing a favorable pre-trial agreement, we were also able to convince our client’s command to release him from confinement early. RESULT: Our client served only 29 days in jail and received an HONORABLE separation from the U.S. Navy.

Category: Military Success Stories

Navy E-5 Retained Despite Admitted Drug Possession On Board His Ship

Navy E-5 was discovered in possession of 2 different types of steroids on board a deployed ship, and subsequently admitted to his drug possession. Pursuant to the Navy’s “Zero Tolerance” policy, his command sent his case to an administrative separation board, where he faced the possibility of being discharged with a characterization of Other Than Honorable (OTH). Client contacted our firm after speaking with another civilian lawyer, who declined to accept his case, stating that there was nothing he could do to help. After speaking with the client, we agreed to take his case. At his subsequent administrative separation board, we convinced the member panel to vote 3-0 in favor of retention. Because it was a “mandatory processing” drug case, the case needed approval from BUPERS for retention, which we sought and obtained. RESULT: After being advised by another civilian attorney that his case was hopeless, our client was RETAINED in the U.S. Navy.

Category: Military Success Stories