U.S. Marine Corps LCpl, E-3, was initially discharged from the Corps with a General under Honorable Conditions Discharge. Defense submits a lengthy written rebuttal to this “General” characterization based upon a careful reading of the applicable instructions, case precedents and the use of a mathematical graph. Marine Corps Discharge Review Board “upgrades discharge to Honorable.”
U.S. Marine Corps LCpl, E-3, went AWOL for 90-day period. Firm negotiated Marine's surrender to his unit. Marine's case referred to Special Court-martial. Military judge retains Marine in service, and pre-trial agreement caps confinement at "time served." Marine released from confinement but also retained by his command.
U.S. Marine Corps SSgt, E-6, pled guilty to several specifications related to unlawfully taking $50,000, from the United States Treasury. Marine also pled guilty to a 2-year AWOL. Client faced over 50-years in confinement, but military judge sentences him to 39-months confinement, and a bad conduct discharge. Judge offers to sign a memorandum recommending the suspension of the punitive discharge on account of client's combat tour (and heroism) in Ramadi.
U.S. Marine Corps LCpl, E-3, pled guilty to offenses related to a “Catch a Predator” sting in Okinawa, Japan. Deal capped confinement at 30 months, protecting client from serving an additional year in confinement based upon the military judge’s sentence.
U.S. Marine Corps LCpl, E-3, confesses to using spice several times and the specter of fraudulent enlistment is raised by the board’s recorder. “Separation board retains Marine.” Board finds "no misconduct" on account Marine did not know the wrongfulness of its use. Defense able to suppress evidence related to fraudulent enlistment. This young Marine was sent back to Fleet. Update: Client Promoted (2014)
U.S. Marine Corps Captain, O-3, confessed to using cocaine to several members of his chain of command and NCIS. Defense raised the lack of Article 31(b) warnings. Military judge “suppresses all, but one confession.” Prosecutors “dismiss” all the criminal charges the next day. Client ultimately separated with OTH, but avoided jail time, permanent federal drug convictions, and a dishonorable discharge. Board was defended in Quantico, VA.
U.S. Marine Corps, E-3, went AWOL for over 2-years. Client returns to Camp Pendleton. Negotiated with prosecutors regarding an administrative discharge, which was approved, and thus Client gratefully avoided jail time; and a permanent federal criminal conviction.
Disclaimer: Each case is different, thus prior results and successes should not create an expectation about results in any individual case. The above list is provided for illustration purposes only, and represents only some of the cases previously handled by said attorney.
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