EI INCUMBIT
PROBATIO QUI DICIT.

Facing Court-Martial after Dealing with CPS

The Killeen Daily Herald has reported the story of Staff Sgt. Sandy Marquis, who is now facing a court-martial over an old Child Protective Services (CPS) case.  The article gives the years-long background to the current case and explains that Marquis believes she is being targeted for reporting instances of sexual misconduct to the authorities at Fort Hood.  This new court-martial comes over four years after CPS officially closed Marquis’s case in North Carolina, citing insufficient evidence.  Shortly afterward, Marquis relocated to Fort Hood and local authorities revived the investigation.

Despite CPS having dismissed the case in North Carolina, Fort Hood military prosecutors are pursuing two charges of child endangerment and one charge of obstruction of justice against Marquis.  The military prosecutors at Fort Hood are seeking the maximum possible sentence of nine years in prison.

Marquis believes that the case against her contains inconsistencies.  Her son, who made the allegations about his brother to police, has since retracted his claims.  One of Marquis’s former coworkers at Fort Hood has also retracted a statement.  Marquis also claims that police lied about having a warrant for her arrest.  Despite some of these confusing details, the military prosecutors at Fort Hood still intend to prosecute Marquis.

Unfortunately, stories like this one are neither new nor unique.  Joseph Jordan has a history of successfully defending service members with previously dismissed CPS cases.  The federal government provides military prosecutors with immense funding and powers which can turn the lives of service members upside down.  The counsel of an experienced military attorney can help service members get through legal challenges.

Understanding the Jobs of Military Prosecutors and Defense Attorneys

In every case they handle, military prosecutors must gather evidence to build their case against a service member.  To convict a service member of an offense, military prosecutors will need strong evidence which leaves little doubt over the guilt of the accused service member.

While prosecutors build the case against the accused, military defense attorneys develop the counter-arguments to poke holes in the prosecutor’s case and build reasonable doubt.  Military prosecutors handle many cases, and sometimes decide to pursue a case with weaker evidence.

In such cases, military defense lawyers have a much better opportunity to build a strong defense and obtain a favorable outcome.  A good attorney knows that clients are innocent until proven guilty and will find evidence and arguments to protect the rights of the accused.

While she awaits her court-martial, Staff Sgt. Sandy Marquis clearly understands how the military justice system should work, telling the Killeen Daily Herald “It’s supposed to be innocent until proven guilty; it’s not guilty until proven innocent.”  Marquis is pursuing a Master’s degree in criminal justice.

Hire an Experienced Military Attorney

The counsel of an experienced military attorney can be the difference-maker when prosecutors are pursuing old charges against you.  Joseph Jordan has represented numerous service members at court-martial for charges related to dropped CPS cases.  If you want an experienced military attorney to help beat your case, consider hiring the services of Joseph L. Jordan, Attorney at Law.

Our law firm wins cases because we do our research.  We have years of experience and the knowledge to counter the tactics which prosecutors rely on.  We understand that the stakes are high for you and your family, and we will vigorously defend you and your rights at court-martial.

MILITARY LAW BLOG