EI INCUMBIT
PROBATIO 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.

Cruelty and Maltreatment – General Military Crimes – NOT GUILTY

US Army v. E-7 (Article 93 Cruelty and Maltreatment to Subordinates x4, Article 128 Assault x 6, Article 134 x 2)

Fort Campbell, Kentucky

The case revealed that Client had received a GOMOR for the same charges she faced at Courts Martial. Multiple soldiers accused our Client of assaulting, and maltreating them. The case clearly showed that there were some personality conflicts and that Client likely was too familiar with the Soldiers. However, the case also showed that the majority of the charges ultimately amounted to horseplay and were not in fact assaults. Unfortunately, under the UCMJ, an assault is any unwanted touching. Fortunately, the case was not as egregious as the Government counsel hoped.

Result: NOT GUILTY of 2 out of 6 specifications of Article 128 Assault. NOT GUILTY OF ALL Article 134 Offenses, NOT GUILTY of 2 of the 4 Article 93 (maltreatment offenses).

Sentence: Reduction to E-6. NO CONFINEMENT. NO PUNITIVE DISCHARGE!


If you have been arrested and are now facing disciplinary action in the Army, Air Force, Coast Guard, Navy or Marine Corp, you need to contact Joseph L. Jordan, Attorney at Law and speak with a court martial lawyer. We are available 24/7.

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