Any experienced military appellate lawyer will tell you that the chances of winning on appeal can be low, depending on the issues raised in the appellate briefs. The hardest issue to have a court of criminal appeals dismiss the charges because they did not find there was enough evidence to…
Below is a focused summary of Truth-Telling in the Military: A Guide to Whistleblowing for Service Members by the Government Accountability Project, with particular attention to how Cave & Freeburg can help service members navigate the rules, risks, and procedural traps. If you have made or intend to make a…
When a Marine Gunnery Sergeant faced a life-altering court-martial at Quantico, the prosecution alleged dereliction of duty leading to death arising from an incident during an Africa deployment. The charge carried severe criminal exposure and the very real prospect of a destroyed career, lost retirement, and permanent stigma. The stakes…
1. Charges and Sentence Charge and Specification Appellant, Private First Class Avery L. Rosario, U.S. Marine Corps, pleaded guilty to: Breach of restriction, in violation of Article 87b, Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 887b). Sentence The military judge at special court-martial sentenced Appellant (9 April 2024,…
1. Charges and Sentence Charges (Plea): One specification of violating a lawful general order (fraternization) in violation of Article 92, UCMJ. One specification of false official statement (lying to Naval Criminal Investigative Service [NCIS]) in violation of Article 107, UCMJ. (A second false official statement specification was withdrawn pursuant to…
If you are on active duty and married to an undocumented “alien,” you have two concerns (1) how to get your spouse “legal,” and (2) avoiding disciplinary action. Your Legal Jeopardy Service members often ask whether marrying or living with an undocumented spouse exposes them to court-martial. The short answer…
1. Charges and Sentence Charges/Specifications: The appellant, Chief Hospital Corpsman (E-7) Marvin B. Guzman, U.S. Navy, was tried by general court-martial at Naval Base San Diego, California, and convicted by members with enlisted representation of: One specification of violation of a lawful general order, in violation of Article 92, UCMJ…
United States v. Marschalek, No. ACM S32776 (A.F. Ct. Crim. App. Jan. 16, 2026). 1. Charges and Sentence Special Court-Martial, RAF Lakenheath, United Kingdom. Sentence. Bad-conduct discharge Confinement for two months Reduction to E-1 Charges: Charge I: Indecent exposure, violations of Article 120c, UCMJ, 10 U.S.C. § 920c (three specifications;…
1. Charges and Sentence Accused: Hospital Corpsman Petty Officer First Class (E-6) Anthony M. Clark, U.S. Navy. Charges (UCMJ): Article 112a, UCMJ – Wrongful use of a controlled substance: Eight specifications alleging wrongful use of methamphetamine and tetrahydrocannabinol (THC). Article 121, UCMJ – Larceny: Three specifications of larceny (details of…
Why Judicial Recusal Protects You in a court-martial A Cave & Freeburg, Military Lawyers, Client Explainer When you face investigation, adverse administrative action, or court-martial, one principle stands above all others: your case must be heard by a fair and impartial judge. The military justice system—like every American court—recognizes that…
Cave & Freeburg, Military Defense Counsel It is Holiday-Season At Cave & Freeburg, we represent service members worldwide. One of the most common questions we receive each beginning after Thanksgiving is how will the holidays affect my case. It depends on what stage of the case you are in. Generally,…