Court-Martial.Com

10/07/2024

https://www.youtube.com/watch?v=fEd0zHOm4Ss&authuser=0

You've just had court-martial charges brought against you. What happens next?

02/14/2024

U.S. v. E-7, United States Army. A retirement-eligible Army Sergeant First Class is accused by his ex-wife of SA, surreptitiously recording their bedroom life and domestic violence, along with various other allegations. The client was placed into pretrial confinement! The Soldier retains Cave & Freeburg for the court-martial charges. Mr. Freeburg exhaustively investigates the case, files motions to shape the battlefield, and exposes how the bitter ex-wife had fabricated or exaggerated parts of her story. Rather than risk taking all of the allegations to trial, the government agrees to a plea deal, dismissing all s*x-related charges. The Soldier is sentenced to time served and a rank reduction.

Result: Not Guilty of SA charges and No S. Offender Registration, No Dishonorable or Bad Conduct Discharge, Retirement Preserved.

02/14/2024

U.S. v. E.R., District Court, Eastern District of Virginia. A Marine E-4 was arrested and investigated by NCIS for possession and distribution of CP. As we geared up to defend him at court-martial, the U. S. Attorney decided that the case would be prosecuted in the district court where the potential punishments could be higher. Once indicted and arraigned, we were able to obtain discovery. After a detailed thorough evaluation of the discovery, we recommended a pretrial agreement which was accepted. We then prepared a detained robust sentencing package for the U.S. PreSentence Report and a compelling Sentencing Memorandum from us. At sentencing, the judge sentenced the client to a below guideline sentence of five years for the distro of CP (this is the mandatory minimum that must be adjudged) and 12 months, to run concurrent, for possession of an unregistered silencer. The judge also waived the payment of fines. And, the judge, unlike at court-martial, delayed the client's reporting to prison until early January--she said so that he could have time over the holidays with his family.

07/03/2023

June 30, 2023, U.S. v. E-7, United States Marine Corps, Quantico Marine Corps Base, Virginia. A Gunnery Sergeant is accused of making five false official statements about his relationship with a foreign national. Cave & Freeburg, LLP, is retained and Mr. Freeburg investigates the case and files several successful motions to produce necessary witnesses and shape the trial. At trial, Mr. Freeburg makes strong points for innocence through cross examination of the government witnesses, calls a variety of character witnesses to talk about the GySgt’s stellar career and then wraps up the defense in closing argument. The panel only takes forty-five minutes to issue a Not Guilty verdict! Result: Not Guilty of All Charges, No Federal Conviction, No Punitive Discharge, Retirement Preserved.

06/09/2023

June 6, 2023, U.S. v. E-8, United States Air Force, Joint Base McGuire-Dix-Lakehurst, New Jersey. An Air Force Senior Master Sergeant is accused of indecently exposing his genitalia to a front desk clerk at the hotel on an air force base. Cave & Freeburg, LLP, is retained and Mr. Freeburg investigates the case and files several successful motions to produce necessary witnesses and shape the trial. At trial, Mr. Freeburg is able to use cross-examination and strong testimony from the Senior Master Sergeant himself to rebut the government’s case in front of the military panel and achieve a very quick Not Guilty verdict! Result: Not Guilty of All Charges, No Federal Conviction, No S*x Offender Registration, No Punitive Discharge, Retirement Preserved.

03/15/2023

Cave & Nathan Freeburg, LLP can announce complete findings of Not Guilty by an enlisted/officer panel of members at Hill AFB, 15 March 2023.

An Air Force sergeant will face a general court-martial to determine whether he orchestrated an “insider attack” on a US outpost in Syria in April that injured four service members.

02/05/2023

Is the prosecution appealing a decision of the judge in your case?

Under the UCMJ, the prosecution (or an alleged victim) can appeal a decision of the military judge that is in your favor. Recently, a military judge in one of our cases decided to suppress statements of the client from being used against him by the prosecution. The prosecution appealed, and we successfully defended the military judge's decision in the client's favor. As civilian appellate defense counsel, we know how to litigate prosecution appeals. Our arguments were persuasive, and the prosecution decided not to appeal to the next level of the appellate courts. We set a new precedent in this case for future cases.

09/23/2022

September 21, 2022, U.S. v. E-4, United States Air Force, Edwards Air Force Base, California. Senior Airman is accused of s*xually assaulting both vaginally and a**lly another Airman along with recording the s*x. Then her best friend also accused the Senior Airman of s*xually assaulting her on a different occasion! The first set of charges involved a night of casual, consensual s*x in Korea. Mr. Nathan Freeburg was retained after the preferral of charges and conducted an in-depth investigation into the allegations. As the case made its way to trial the charges were dropped of vaginal pe*******on for both the first and second alleged victim, leaving charges of forced a**l pe*******on and recoding the s*x for trial. At trial, Mr. Freeburg destroyed the government’s witnesses (including multiple experts) in front of an Air Force panel resulting in a verdict of “Not Guilty” to all charges and specifications!
Result: Full Acquittal on All Charges, No Federal Conviction, No S*x Offender Registration, No Dishonorable Discharge.

01/29/2022

https://www.court-martial-ucmj.com/unanimous-verdict-litigation/

In United States v. Ferreira. ARMY MISC 20220034 (A. Ct. Crim. App. Jan. 28, 2022) The government has filed for and received a stay of proceedings in this — January 29, 2022

01/07/2022

November 30, 2021, U.S. v. E-3, United States Marine Corps, Camp Lejeune, North Carolina. A young Marine was charged with male on male r**e, penetrative s*xual assault, multiple specifications of abusive s*xual contact involving a total of eight alleged male victims and several other charges such as indecent language, for a potential maximum sentence of life plus three hundred years in prison. He was placed in pretrial confinement and then retained Mr. Freeburg. After lengthy preparation and case investigation into the many lies told by the alleged victims and after seating a panel on the first day of trial, the government agreed to a guilty plea for only misdemeanor battery and providing alcohol to minors with a sentence of time served!
Result: Not Guilty of R**e and All S*xual Assault Charges, No S*x Offender Registration.

November 16, 2021, U.S. v. E-2, United States Marine Corps, Camp Lejeune, North Carolina. A young Marine was charged with penetrative s*xual assault, multiple specifications of abusive s*xual contact involving four alleged victims and several other charges. He was placed in pretrial confinement and then retained Mr. Freeburg. Through a lengthy motions practice and an exhaustive case investigation along with the detailed Marine defense counsel, Mr. Freeburg was able to bring the government to the table to agree to a guilty plea for only misdemeanor battery and with a sentence of time served!
Result: Not Guilty of R**e and All S*xual Assault Charges, No S*x Offender Registration.

01/07/2022

December 30, 2021, U.S. v. E-2, United States Marine Corps, Camp Lejeune, North Carolina. A young Marine was charged with the s*xual assault of two alleged male victims after s*xual encounters involving alcohol. He was placed in pretrial confinement after the second incident and then retained Cave & Freeburg, LLP. After lengthy preparation and case investigation, the government agreed to a guilty plea for only misdemeanor battery and with a sentence of time served!

Result: Not Guilty of All S*xual Assault Charges, No S*x Offender Registration.