Ei Incumbit Probation Qui Dicit.

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Will Bowe Bergdahl Avoid Jail Time?

This month, a second Army official has reportedly come forward and recommended that Sgt. Bowe Bergdahl should not receive jail time for his alleged desertion and misbehavior before the enemy offenses. The recommendation comes a month following Maj. Gen. Kenneth Dahl recommendation, who investigated Bergdahl's actions in Afghanistan and testified that Jail time would be "inappropriate."

As CNN reports, Bergdahl has been at the center of a controversial case for nearly more than six years. In June 2009, Bergdahl left his post in Afghanistan and was captured by the Taliban. The Army sergeant was then held for five years and some believe he began to cooperate with the enemy. There some officials and Army members who believe that subsequent Taliban attacks that killed six soldiers in Bergdahl's unit were aided by intelligence he gave to his captors.

The controversy continued when President Barack Obama exchanged five Taliban members from Guantanamo Bay to free Bergdahl last year. "We still get an American soldier back if he's held in captivity. Period. Full stop. We don't condition that," the President said, referring to some calls to abandon Bergdahl for his alleged treason.

Uncertain Future for Bergdahl

Upon returning home, many have expected Bergdahl to face both jail time and a dishonorable discharge. Now that is looking less and less likely for the sergeant—who has maintained his innocence. According to reports, Bergdahl claims he left his post to travel to a neighboring Army base to register a complaint with his commanding officers.

The newest recommendation for Bergdahl—from Lt. Col. Mark Visger—was not officially confirmed by the Army, but by Bergdahl's lawyers. While it is still a good sign for Bergdahl and his supports, CNN legal analyst Danny Cevallos warns that Bergdahl's future is still not clear. "The case still has to go up to command," he told CNN, "where another decision will be made whether to accept that recommendation."

If you are a military service member facing criminal or administrative penalties, then we invite you to contact Joseph L. Jordan, Attorney at Law. Attorney Jordan has more than a decade of experience in the U.S. Army and has traveled to defend service members stationed all over the world. He has built our firm's reputation on unparalleled, knowledgeable defense that produces results—even when clients face the most serious of accusations.

Ensure that your side of the story is heard. Contact our firm today to schedule a free case evaluation.

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