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A Retired Senior Military Officer Faces Court-Martial Proceeding

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In April of this year, retired Major General James J. Grazioplene was charged with six counts of rape of a minor, which he is alleged to have committed in the 1980s while still active duty. In a rare case in August, he was court-martialed by the army–something that hardly ever happens in the military to senior officers.  

On August 25, 2017, it was announced that the army would hold a probable-cause hearing for Grazioplene that same weekend. On Saturday, August 26, they gathered to review and debate over evidence suggesting Grazioplene raped a minor six times over a six-year period.

What is a Court-Martial?

A court-martial is a military court. So when someone is court-martialed, they are required to appear in a military court for a trial or proceeding. Military court is different from civilian court in a few ways, including:

  • Military court follows the Uniform Code of Military Justice
  • Military court processes mutiny, sedition, failure to obey an order, and insubordinate conduct separately. Other crimes like murder and assault violate both military and civilian law.

It’s also important to note that there are three different kinds of court-martial proceedings:

 

  • Summary court-martial- This deals with minor crimes.
  • Special court-martial- This court deals with misdemeanor crimes, like drug use and disobeying orders.
  • General court-martial- Lastly, this court is used for more serious crimes, like murder and rape.

 

 

Outlook of the Case

As of August 27, Grazioplene’s attorney, Thomas Pavlinic says he will contest the charges. As of right now, it is unclear how this case will unfold.

While the events happened roughly 30 years ago, the military has no statute of limitations on rape charges. According to the Washington Post, Congress has pressed the Department of Defense to work over sexual assault cases throughout the military, which may have been what prompted military officials to move forward with the proceedings hearing and investigation. Others say he may have been turned in by an enemy he made along the way. Whatever the case may be, Grazioplene is facing charges that will change his life forever.

How Can a Military Defense Lawyer Help?

In these cases, working with a military defense lawyer will be able to help you by representing you in court, navigating legal issues, and helping you build a strong case. A good military defense lawyer will be knowledgeable about both military and civilian court proceedings, giving you an advantage. If you find yourself in a situation like this, the lawyers at Military Trial Defenders can help.

A Military Defense Lawyer Helps You Make the Best Possible Decisions

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Facing criminal charges in the military is somewhat like fighting an uphill battle. The military justice system is rigorous and challenging to navigate. Current statistics show that military trials have a conviction rate of almost 90 percent. Because of this, service members who face courts-martial need to work with the best military defense lawyer they can track down. The decisions that a military member makes in the early stages of investigation can make or break a trial, and the accused have to make countless decisions before the trial even begins.

Making a Statement

Military personnel who are accused of a crime will need to decide whether or not to give a statement to questioners. Article 31 of the UCMJ offers military personnel protection against self-incrimination. This means that a questioner who suspects a military member of committing an offense must offer a warning of rights before any questioning takes place. Article 31 also delineates the right to counsel. Wise legal counsel is a key element in a successful case.

In most instances, it is recommended that the accused should never give a statement before talking to an experienced military defense lawyer. It may seem easier to comply with questioners. Authority figures will do their best to convince the accused that their cooperation will ultimately be in their best interest. It is important to remember Article 31, however. If military members evoke their Article 31 rights, it cannot be used against them. It might make the accused look guilty, but the military already thinks they are guilty. It is in the best interest of the accused to remain silent until creating a solid defense strategy with a military defense lawyer.

Consent for Searching

The accused often face the decision of whether or not to let law enforcement search their car or barracks. In most cases, they should not give consent. As U.S. citizens, military personnel have rights under the 4th Amendment to be protected against unreasonable search and seizure. If law enforcement does not have consent or a warrant, the evidence that is found cannot be used against the accused.

If military members refuse a search that doesn’t have a warrant attached, they will likely have a refusal form. Before signing, they should read through the form carefully to ensure that they know what they are signing. A military defense lawyer can help go over these forms in detail.

A Military Defense Lawyer You Can Trust

If you have been accused of a crime under the UCMJ, the most important decision that you will make is hiring an experienced and trustworthy military defense lawyer. At Military Trial Defenders, we are committed to educating our clients. With this knowledge, they can make the best possible decisions. We defend those who defend our country. We are available to provide you with legal support during this time. With this in mind, contact us today for a free consultation.

 

Finding the Right Military Defense Lawyer

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If you were recently charged with an offense under the Uniform Code of Military Justice (UCMJ), you may feel unsupported, isolated, and vulnerable. And if you performed a Google search for a military defense lawyer, you may feel overwhelmed by a number of options there are to sort through. To ensure that you develop the best possible defense, you need a competent and experienced lawyer. Your lawyer should meet your individual needs. The team at Military Trial Defenders has compiled a few things to help you as you work to find the right military defense attorney. 

Experience Matters

It probably goes without saying that an experienced lawyer is an important factor when it comes to winning a crucial case. Many people choose to opt for inexperienced JAG lawyers to save money. While inexperienced lawyers are not necessarily bad lawyers, they are probably not the support you want defending you in a court-martial context. At Military Trial Defenders, our lawyers have over 30 years of combined experience with all kinds of military cases. We cover everything from Article 15s to sexual assault to drugs to child pornography offenses. Remember that if you hire civilian counsel, you can also keep your JAG attorney. That means that you will receive two military attorneys for the price of one.

Time is Valuable

A good military attorney should tell you how much time they’ll be able to spend on your case. Some lawyers are overworked – particularly lawyers that the military assigns to cases. If you choose to work with outside counsel (which is highly recommended), your civilian military lawyer should offer you a quote on how many hours and how much money it will cost. They should also be efficient with time. In an important case, time – and your freedom –  is more valuable than money. Military Trial Defenders lawyers are committed to offering each case the individual attention and time it needs.

Explanations are Important

A lawyer should not always tell you what you want to hear because that is probably not going to make your case successful. Neither should a lawyer move forward with decisions without explaining the process to you. The best military defense lawyers explain their actions every step of the way. They can equip you to make the best possible decisions. At Military Trial Defenders, we are committed to educating our clients about their situations and the possible legal steps they can take.

Passion is Key

A military defense lawyer who isn’t passionate about a case will not demonstrate the necessary commitment a successful defense needs. At Military Trial Defenders, we are not just passionate about the law. We are also passionate about defending America’s defenders. We will also ensure a fair trial. And we will be the voice for those who have sacrificed everything for their country. So, if you are looking for an experienced and passionate military defense lawyer, contact us today.

 

A Military Defense Lawyer Busts Common Defense Myths

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When military personnel are faced with legal action, they have a very important choice to make – who they will choose for their military defense lawyer. While the military does provide service members with a free government lawyer, this is not their only option. Military allegations are incredibly serious, and it is essential that military members know their options and make a decision that will produce the best possible outcome. If you’re in need of assistance, turn to the Military Trial Defenders.

A Military Defense Lawyer Busts Common Defense Myths

Unfortunately, many members of the military are uneducated about their options when it comes to military defense. Here are some of the most common myths that circulate in military circles.

  • Myth #1

    • Military members cannot choose their defense lawyer. As alluded to above, this is false. In serious military legal actions such as a court-martial, the judge is required to tell defendants that they have a right to choose their attorney.

  • Myth #2

    • A free government lawyer has time for me. This may not be a myth, but it might not be true, either. Government defense counsel may be passionate and experienced, but they are also typically overworked and understaffed. If you case requires personalized attention (which, if we are being honest, all of them do), you shouldn’t bank on the fact that a free government lawyer has time to handle your case with full attention.

  • Myth #3

    • If I select my own lawyer, things will be harder for me. This is not true in any way. If you choose your own defender, it is actually harder for the government. When you have a strong defender standing by your side, you are more intimidating of a force.

  • Myth #4

    • I should look for a military defense lawyer who is local. While you definitely can select a local attorney, location is not as important as experience. If you live in Alaska but want to work with qualified lawyers who live in Texas, it is definitely possible. Military attorneys are allowed to practice at all US military courts and installations. Moreover, until at the military case actually goes to trial, most of the work is done by phone and email. If the case goes to trial, the attorney will likely be able to fly to your location.

  • Myth #5

    • A military defense lawyer is too expensive. While it may be tempting to choose free help overpaid help on first consideration, it is time to think again. A civilian military defense attorney may cost money, yes, but a poor defense could cost someone their career and reputation – not to mention the potential financial repercussions of being charged with an infraction. Most civilian military defense attorneys do everything they can to make their services affordable – and they do a thorough job because they are invested in the case.

A Military Defense Team in El Paso

When it comes to selecting military defense, the choice is ultimately up to the defendant. If you have been accused of a military infraction and are faced with a choice regarding defense, consider contacting the law team at Military Trial Defenders. They are equipped with the knowledge and experience they need to represent your case and defend your freedom.

 

Defending Military Members in the Face of Serious Crimes

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Fearless. Valiant. Strong. Selfless. Resilient.

These are just a few words that describe United States’ military members. If you are a member of the U.S. military, you are nothing less than a modern day hero. Whether you are defending our country overseas or are currently serving on post in the United States, we understand that you engage in a daily fight – emotionally, physically, and relationally – in order to protect this beautiful nation.

Lance Wood and Christopher Cazares were also members of the U.S. military, and they wear the same badge of honor that all of our self-sacrificing military members have earned. They are also incredibly passionate about justice within the legal system, and they have dedicated the latter portion of their lives to the legal representation of military members. Accordingly, they founded a firm called Military Trial Defenders, and they are equipped with the knowledge and expertise to handle a wide range of cases.

Examples of their services include: cases involving security clearance suspensions and revocations, cases surrounding senior office actions, and the court-martial defense of crimes such as fraud, theft, war crimes, sexual assault, and child exploitation.

Serious crimes, such as child exploitation and sexual assault, can have an incredibly grave outcome. The chances of this are increased if experienced attorneys are not advocating on the defendant’s behalf and providing legal counsel and strategy.

The Complexity of Serious Crime Cases

If you are a member of the U.S. military who has been accused of a crime such as child exploitation, sexual assault, fraud, etc., you are likely unsure of how to proceed. Navigating the waters of serious crime charges can be incredibly challenging and complex, and it is easy to feel confused, hopeless, and isolated. Importantly, you are not alone. Criminal lawyers are “public defenders”, meaning that they defend the rights of the public to a fair trial. Military trial lawyers are “military defenders”. They are available to defend you when your defenses are down. And they know which questions to ask, which actions to take, and which solutions to seek in the face of serious crime charges.

Defending Those Who Defend Us.

We cannot stress how serious it is to be charged with sexual assault, child exploitation, war crimes, theft, etc. The consequences can be severe, and the trial can be full of emotional duress. The attorneys at Military Trial Defenders believe that those who fight for our country daily have earned the right to be defended by lawyers who understand their military background. If you have questions about this process, don’t hesitate to call Military Trial Defenders today.

Why Hire a Civilian Military Defense Lawyer

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As a service member, if adverse action is brought against you, you have the right to one military attorney at no cost to you. In other words, one JAG officer will be appointed to represent you. You have the option, however, to hire a civilian military defense lawyer. If faced with legal action, you might wonder, why would I hire a military defense lawyer when the military is already giving me a lawyer for free?

Experience

Often, the appointed military lawyer is fresh out of law school and has very little experience under his or her belt. You should ask this attorney about how long they’ve been a JAG, how long they’ve been a defense attorney, how many jury trials have they done, and how many cases similar to yours have they litigated. If the numbers aren’t substantial, consider whether you might rather hire someone with more knowledge and litigation experience. While many military attorneys are extremely competent and skilled, many others are overworked or inexperienced. It’s important to be sure that you are comfortable with whoever you choose to represent you. Be sure that you are a priority and they they have the resources to dedicate to your case.

Restrictions

Military lawyers are subject to the military bureaucracy. That being said, they might be motivated or swayed by rank, a chain of command, or a supervisory chain of responsibility. These lawyers are often motivated by their next promotion or evaluation report. Military assigned counsel must often operate within restraints on representation by their chain of command. This includes things like limitations on approaching members of the press. On the contrary, a civilian military defense lawyer is motivated by securing the best possible result for the client and they do not face the same kind of restrictions. Defending you is our first and only priority.

Choice

When you are appointed a lawyer, you get who you get. No consideration is given to personality, skill specialty, experience, or time. If you decide to hire a civilian military defense lawyer, you personally can choose someone that you and your family are comfortable with. It’s important to have an attorney who will communicate with you throughout the whole process and keep you up to speed. You should have the freedom to choose someone who makes you feel comfortable and included.

If you should decide that hiring a military defense lawyer is the best option for you, contact Military Trial Defenders. Lance and Christopher are experienced military defense lawyers who are passionate about providing the best possible military trial defense services to military members worldwide.

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