In Lieu Of Trial By Court Martial' title='In Lieu Of Trial By Court Martial' />b Convicted means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of.Download the free trial version below to get started.Doubleclick the downloaded file to install the software.In Lieu Of Trial By Court Martial' title='In Lieu Of Trial By Court Martial' />Watch People tell us were not Kiwi enough Golriz Ghahraman gives passionate antiracism speech at rally outside Parliament.New Zealands first refugee MP was.In Lieu Of Trial By Court Martial' title='In Lieu Of Trial By Court Martial' />Recent Court Martial Results Military Defense Lawyers.Criminal and Administrative Cases.Below are real cases that our lawyers have defended.Note These are real case results from cases that Michael and Alexandra have personally defended.However, all cases are different.A success in one case does not guarantee success in another similar case.We do not guarantee a certain outcome, to do so violates the Rules of Professional Responsibility.In addition, the results of the case often depend on the facts, whether the client follows our advice and the stage of the proceeding at which our services are retained.Please call us with any questions or for clarification.THESE RECENT CASES SHOW THAT IN THE MILITARY, THE DEFENDANT IS GUILTY UNLESS UNTIL THE SERVICE MEMBER CAN PROVE HIS OR HER INNOCENCE, ESPECIALLY IN A SEXUAL ASSAULT CASE.The accused needs the highest powered defense possible, even if they are innocent.Otherwise, their rights will be trampled and they may end up in jail.U. S. v. Army E 4 Fort Gordon, GA We fought this case for over 1.Our client and 6 other soldiers were accused of gang raping an enlisted soldier at the Baymont Inn Hotel outside of Fort Gordon, GA.The case became known as the Baymont 8 Gang Rape and it pulled in lawyers from across the United States.Our client faced charges of rape, false official statement, and others.He faced life in prison, sex offender registration, a dishonorable discharge, and a Federal Conviction.RESULT All court martial charges dismissed.Client receives Summary court for lying to CID a summary court is a non criminal proceeding similar to NJP or Mast.U. S. v. Army E 6 Fort Polk, LAKandahar, Afghanistan 2.Our client, a Combat Engineer, was accused of raping two women a US Army soldierJAG Paralegal and one British citizen.Later, the prosecution claimed that he sexually assaulted two additional people, for a total of four alleged victims.He faced 1. 4 different allegations, over 1.Mr. Waddington and CPT Brian Greco defended this case.Our theory The two primary victims were scorned ex lovers out for revenge.This trial was like an episode of Dr.Phil mixed with Jerry Springer.In and out of court, there was crying, lying, and a lot of drama.We had a local stripper in the audience, a bunch of British witnesses that hated each other, and the British victim kept accusing the defense of intimidation, because we were laughing with our client outside of court at the smoke pit, which was completely authorized.She was peeping out the window and was offended by us laughing.The prosecutor then scolded us for laughing in public and asked us to stay hidden.Our response was to laugh even louder.When the trial began, the prosecutor was literally crying during her opening statement while pointing at my client and calling him a rapist.The two alleged rape victims took 3 4 hours EACH to tell their stories.It was painfully boring.The prosecutor kept asking, How did you feel about every minor detail of the case. 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While how they felt was not relevant, the defense intentionally did not object.Instead, we let them blab on and on to the point where the jury stopped listening.Few people can pay attention to 4 hours of fake sobbing.After the first box of tissues, the jury tuned out.On cross examination, these witnesses were quickly cut to shreds when confronted with lie after lie.After being impeached with numerous blatant lies, one victims neck the JAG paralegal started to twitch.It would have been amusing, but for the fact that our client sat falsely accused of heinous crimes.During Mr. Waddingtons closing argument, the paralegal victim brought her husband into the court to watch.When Mr. Waddington talked about all of her lying and cheating, she ran out of the courtroom in tears, in the middle of the closing.Apparently, she never told her husband about her love affair with my client or the fact that she was bragging about my clients sexual prowess to fellow soldiers, while she was with her husband.The jury deliberated for about 6.The defense witnesses went out to party and Mr.Waddington went to his hotel to rest for his next case the following Monday in Norfolk, VA.RESULT NOT GUILTY OF ALL CHARGESU.S. v. Army E 4 Fort Stewart, GA A soldier, who was locked up in pretrial confinement, was almost through his guilty plea.He was pleading guilty to rape, aggravated assault, and violating a no contact order.His mother came to watch his guilty plea and stopped him in the middle.She demanded that he seek a second opinion.His mother called our firm and spoke with Alexandra.While we dont guarantee results, we let his mother know that we guarantee that we will fight for our clients.We were hired and went to work because the trial was 3.This case was a unique challenge because our client had signed a written confession admitting to rape and spousal abuse.He also made a videotaped confession to CID.After looking at the alleged confessions, our only defense was to attack the confessions head on.Winning a case with one confession is nearly impossible.Here, we had two confessions, one written and one video recorded.The challenge How do we challenge multiple rape confessions in front of a jury without losing credibility.As Sun Tzu said, in The Art of War In war, the way is to avoid what is strong and to strike at what is weak.We carefully studied the confessions, learned about our clients personality, analyzed the victims story, and reviewed CID regulations and training manuals.Mr. Waddington, working with Army defense lawyer, CPT Rachel Large, plotted a defense attacked the alleged victims story and the CID interrogation.We showed that the CID interrogators violated their own policies and rules, they used lies, trickery, and deceit, and they preyed on our clients gullibility.At the beginning of the trial, we had a 5 chance of success.When the alleged victim and CID agents testified, we hammered them on cross examination.Then, our odds went to 5.In the closing, we swung for the fences.RESULT Not guilty of all sex crimes, false official statement.Guilty of violating a no contact order.SENTENCE NO JAIL TIME, NO DISCHARGE, Reprimand, reduction to E 3.U. S. v. Navy E 5 Naval Support Activity Naples, Naples, Italy 2.Our client was accused of three specifications of sexual assault against two alleged victims.He faced 6. 0 years in prison, a DD, and sex offender registration.Mr. Waddington and LT Bryan Barletto fought the charges in front of an enlisted jury.The Navy brought in two experienced prosecutors, including a Senior Special Victim Prosecutor, known for being an extremely aggressive lawyer.Trying to wear us down, they yelled objection to most of the questions posed by the defense.They objected throughout the opening statement, the cross examinations, and the direct examinations.Mr. Waddington has encountered this cheap tactic many times and he flipped it, like a dagger, and stuck it straight into the heart of the prosecutions case.By the end of the trial, it looked like the prosecution was hiding evidence and misleading the jury.In his closing argument, Mr.Waddington called out the prosecutions weak case and dirty tactics apparently, the jury agreed.RESULT NOT GUILTY OF ALL CHARGES.Instead of his client going to prison, Mr.Waddington, his client, and his clients family traveled to the island of Capri for a day of sightseeing, boating, and eating Italian ice cream gelato.Click here to read what our client had to say about our representation.U. S. v. Air Force CW2 Fort Gordon, GA this case took over two yearsThis case is disgraceful.It shows that without proper legal representation, a false allegations can ruin your life.Even if you prove that the allegation is false, the military can still try to destroy you.Our African American client was a married Warrant Officer.A white female Army Reserve NCO accused him of rape.This case was vigorously defended for over two years by Alexandra, Michael, and PJ Campanaro, who handled the GA State case.STORY 1 She claimed that an unknown black man broke into her home and violently raped and beat her.She had injuries and DNA evidence to support the allegation.Our client was arrested by Georgia police and was investigated by Army CID.To make matters worse, the alleged victims wife was in our clients unit.Our client made no statement to the police and hired our firm.AWOL and Desertion Probable Punishments.Its actually impossible to say with total accuracy what will happen to a deserter or absent member upon return to military control.In the civilian world, in most jurisdictions, the District Attorney DA decides what happens when a person is accused of a crime.In the military, that decision is made by the individual commanding officer.The commander decides how to process desertion and absentee cases after examining all the circumstances of the case, speaking with the accused, and conferring with hisher senior advisors and the JAG Judge Advocate General office.The commander has many options to choose from.The commander could impose Article 1.The commander could impose an administrative discharge, usually with either a general or other than honorable conditions OTHC discharge characterization.The commander could impose Article 1.Or, the commander could refer the case to trial by court martial.If so, the commander could choose to convene a Summary Court highly unlikely, a Special Court, or a General Court Martial.If the commander chooses a Summary Court, the maximum punishment is limited to confinement for 3.If the commander convenes a Special Court, the maximum possible punishment is confinement for 1.If the commander convenes a General Court Martial, the maximum punishment is what is shown earlier in this article for the offenses under the section Maximum Possible Punishments.In the vast majority of cases, if a member has a clean record otherwise, and is absence for less than 3.Such usually receive Article 1.If a member is absent for more than 3.If there was a reasonable explanation for the absence such as severe family, financial, or emotional problems, and the commander thinks the member has future potential, the commander could elect to allow the member to remain in the military.Otherwise, an administrative discharge is the most likely scenario possibly combined with Article 1.If the member is absent for less than 1.AWOLdesertion status is ended by apprehension, the most likely result is an administrative discharge, under other than honorable conditions OTHC, probably combined with Article 1.If the member went absent in order to avoid hazardous service such as deployment to Iraq or Afghanistan, a court martial is the most likely scenario.If the member is absent for more than 1.Depending on the circumstances surrounding the absence and the members prior conduct and performance, the commander may decide to impose administrative discharge possibly combined with Article 1.If referred to trial, assuming there are no other serious charges, the commander would likely convene a Special Court, which would limit the maximum punishment.If a member is absent for more than 1.I should mention here that, assuming there are no other serious charges, in the majority of cases where desertionAWOL is referred to trial by court martial, the member is allowed to request discharge in lieu of court martial, which means they agree to accept an other than honorable conditions OTHC administrative discharge, without fighting it i.Keep in mind that the above are not hard and fast rules.They are simply my general observations over recent years.As I mentioned earlier, the individual who makes the ultimate decision as to how military offenses are processed is the commanding officer of the unit where the member is assigned after return to military control.More About AWOL and Desertion.
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