Trial May 8th - need Help Fast please!

[Aphix]

What is the name of your state? Texas - Military UCMJ Case




ok here is the deal in a fast note, and my questions will follow. please
my time is limited and my life really is on the line here.

Subjects = 3
Myself
Sub1#E
Sub2#W

That is the names I will be using for the discription.

Sub 1 and 2 were living togeather for a while after we all returned from Iraq in 2004.
Sub 1 was the house owner and was married with 2 kids. Sub 2 was married going through a devorce with another military soldier that was in Iraq at that time.

I was married with one child living in my own house across town.

Sub 1 was making sub 2 pay $700 for rent to stay there, well the house payment was only $650 to begin with so 700 was pointless.

I asked sub2 to come live with me for a while and that is how it all got started.

for a while sub1 and sub2 would meet at my house and then go out to the local base.
It took a while, but after an arrest I found out what was going on.

They were stealing things from the local military base. I know sub2 was forced to go
with sub1 and his wife to do this stuff. Sub2 owed sub1 a lot of money.

Eitherway sub1 brought items to my house that I did not know that they were stolen at
the time. When I did foind out it was stolen I did not tell the MPs, I did however tell
the subs to get the items out of my house and that it was wrong.

What they did not take, I threw in the trash. Cloths and computer and all. I did not care
whos it was or where it came from. I was pissed they got me involded and my family. For at the time I also had my parents staying with me, while they visited on there way to Alaska.

We were all arrested and forced to give statements without legal advice. I have the full legal files on these cases and it even shows we all requested legal assistance.

Sub 1 was slamed against the wall when he said that he was not talking until he talks to his lawyer.

I rolled on both of them. When I was arrested I helped the investigation all I could. I helped
the fellow soldier out by letting him in my home and not making him pay rent. I also gave them the chance to help them selfs by not telling the MPs when I found out.

But when we were cought, I told evreything i new. I was the only one to help the MPs. I agreed to a search of my house car and person. All still without my lawyer.

After a year and 3 months of hearing nothing, I emailed the CG of Fort Hood, to ask him to please hurry the case up. That my whole chain of command wants me promoted, I wanted to goto school, but could not because I was flagged for over a year with no word on what was going on with this investigation. My wife was ready to leave me, and the stress on my whole world comming down on me was killing me slowly each day.

Well I got what I asked for. I am now set on trial for the 8th of May 2006. I thought stress was hard then. My wife is leaving me with my child to go back to Korea. and my whole life is being boxed up into a storage room.

The best offer I got was to plea guildty to the destruction and conspiricy, all for throwing the items away. I got a 10 month cap on my sentance, and a bad conduct discharge.

By rolling on the other 2 subjects.

As a last hope, for a can not afford a lawyer that all in this area are telling me it will cost $10,000-$20,000, if I goto trial.

I was just helping, can I not at least keep my career?

Is there a way to get time served? For being flagged for over a year.

Everyone in my military past will tell you I am a great soldier, that follows the book
to a T. Helping others all the time.

I hold a high military standard to the soldiers below me.

Is there anything I can do now?

Any advice?

My lawyer (JAG Apointed) - sucks tells me to plea and give up on my military career.

The military is all I have left in my life. If I have to start over I will as E-1. But my whole life has been military. Everyone in my family. Someone help please.

What is the name of your state?

 

[fozzy2]

It is possible that your JAG lawyer is giving you some good advice that you don't want to hear. You may not want to "give up" on your military career, but you may be beyond that point. It may just be a matter of trying to serve as little time as possible (in particular, avoiding the federal pen). After all, you admitted that you did commit several crimes. I would imagine the sums of money involved made the theft a felony. So you concealed after the fact and destroyed property that wasn't yours, possibly tampering with evidence, etc. etc. You may have been trying to protect your fellow soldiers, but that was not the lawful thing to do.

Even *if* you were denied representation at first or there were other improprieties, the military might still have more than enough evidence to convict you. Your lawyer could battle valiantly to have your first interview thrown out -- but if, say, the other two guys are now willing to roll on you, then it might not matter. Or if the MPs can argue "inevitable discovery" over trashed goods, or whatever. Throwing out evidence is sometimes like bailing in a very leaky boat, you are still sunk.

Think hard about what your counsel is telling you. Many people are in a state of denial when they got to trial, thinking "they can't possibly do this to me." Your attorney, on the other hand, see's "it" being done to people all the time and he is looking at a 'worst case scenario' where you get the maximums. Given a choice between a few months in a disciplinary barracks and a discharge, versus 10 years in a federal pen (along with the discharge), the former is generally a much better choice.

You can plead guilty, explain why you did what you did (trying to help, you realize it was wrong, won't happen again, etc.), and use your good record to try and get the sentence mitigated as much as possible. If you go to trial and give the court the idea that you don't think you did anything wrong, you could get hammered.

If you can't afford a civilian attorney, and you are certain your JAG attorney is lost, you can ask to name a military counsel assuming you know of one you will trust. But don't be amazed if they tell you the same thing you've already heard.....

 

[Aphix]

thank you..

I know I am just out of my mind with this trying to save myself from that sinking boat with a stick of gum.. not working.

ok one last attempt.

When we were arrested back in January of 2005, we were told and counseled by the company commander to never talk to each other or enteract with each other again.

Sub 1 was in my platoon and though the plan was to seperate us, it never happened.
We were forced to work togeather, and sub 2 was the only computer admin in the company, and though his security clearance was pulled, it was reenstated when they realized no one else had the trainning to do his job.

I was told that was a form of confinment as stated in UCMJ RCM 304.

RCM 707 in the UCMJ states that the accused should be brought to trial within 120
days after the earlier of (2) the emposition of restraints under RCM 304.

Restrition in lue of arrest.

Now I am not a barracks ;awyer (lord knows we have enough of those), but if nyone knows
anything that at all please help me out.

Thank you all in advance.

 

[badapple40]

When were charges preferred?

Were you in confinement during any of this?

When were charges referred?

What forum have they referred this to? (general CM or special CM)?

Has your JAG lawyer moved to suppress the statement you made?

Have you already entered into a pre-trial agreement (PTA) with the convening authority (the general)?

What are the terms of the PTA? Do you have to testify against the other two?

Are you being tried with the other two or on your own?

Have you inquired or asked about the RTD (return to duty program) or whether the convening authority would be willing to let you enroll in the RTD program?

Sounds to me like you squealled on the others too soon. Had you kept quiet, seen the ADC right when this happened (when you found out about the stolen goods), and offered to cut a deal or indicated that you would fully cooperate if given immunity, you'd be in a lot better shape. We can't change the past, but we can try to get you a better deal.

 

[seniorjudge]

When were charges preferred?

Were you in confinement during any of this?

When were charges referred?

What forum have they referred this to? (general CM or special CM)?

Has your JAG lawyer moved to suppress the statement you made?

Have you already entered into a pre-trial agreement (PTA) with the convening authority (the general)?

What are the terms of the PTA? Do you have to testify against the other two?

Are you being tried with the other two or on your own?

Have you inquired or asked about the RTD (return to duty program) or whether the convening authority would be willing to let you enroll in the RTD program?

Sounds to me like you squealled on the others too soon. Had you kept quiet, seen the ADC right when this happened (when you found out about the stolen goods), and offered to cut a deal or indicated that you would fully cooperate if given immunity, you'd be in a lot better shape. We can't change the past, but we can try to get you a better deal.

BA...any news on the appointment?

 

[Aphix]

Update #2

When were charges preferred?
Arrested January 2005 - Charges were prefered 2 weeks ago.

Were you in confinement during any of this?
The day we were arrested, we were booked and precessed for questioning.
In a holding sell for a few hours, questioned, delied councel, made statements.

Also we were told - orally and in writting to stay away from each other
that we were losing our security clearences, and that we could not speak to
each other again until trial.

Our security clearances were never pulled, we remained working with each other
(kinda have too as squad leaders of differend squads within the same platoon).

Also we were flagged that same day (day of arrest), no PCS (I was on orders 8 times),
and no schools, (was to goto reqruiting school 3 times), no education for free. (no GI bill,
EArmyU, nothing), no promotions. Nothing was allowing us to progress in our careers, even
though our whole chain of command wanted us to do so.

I have been sitting well above cutoff for over a year now.


When were charges referred?
2 weeks ago. For me only. the other 2 have yet to be charged.

What forum have they referred this to? (general CM or special CM)?
Special as of now. for a BC Discharge.

Has your JAG lawyer moved to suppress the statement you made?
no.

Have you already entered into a pre-trial agreement (PTA) with the convening authority (the general)?
Yes.

What are the terms of the PTA? Do you have to testify against the other two?
A guilty plea, and testify against the other 2, and it gives me a 10 month cap on my sinstance.

Are you being tried with the other two or on your own?
On my own, judge only.

Have you inquired or asked about the RTD (return to duty program) or whether the convening authority would be willing to let you enroll in the RTD program?

I just called my lawyer and asked about that. He Says if I do get the kick, then I will
goto confinment, then released and be forced to finish out my contract. ( I just reenlisted in
December 04, for 4 years), If I do not get the kick then he said we can look at getting
me into a different unit upon my return from confinment. (if this what you were talking about. He kinda aused like he had no clue what i was talking about when I asked about the
RTD - Return To Duty Program).

Sounds to me like you squealled on the others too soon. Had you kept quiet, seen the ADC right when this happened (when you found out about the stolen goods), and offered to cut a deal or indicated that you would fully cooperate if given immunity, you'd be in a lot better shape. We can't change the past, but we can try to get you a better deal.

Did ask for immunity, but was turned down. No one fought for it.

Any more questions please let me know.

Thanks again.

 

[Aphix]

Update #3

Just got my STIP sheet from my lawyer.. They are trying to word things to make me look really bad, and I have all the case files, and see that the CID could not prove anything. Everything is "Unfounded" when it comes to me. The other 2 a little different, but still.

Sounds like they are trying to make me sound bad to the judge.

 

[badapple40]

A couple things:

1. Your options now are to withdraw from the PTA and roll the dice at trial. CID will lie about the confessions and will make it look "clean." CID, NCIS, OSI... they'll do what it takes to "make a case," even if it means "bending" the law. The military judge, at a supression hearing, will believe the investigators and your statement will not be supressed. Unless there is a videotape.

2. Sounds to me like your lawyer didn't cut you much of a deal. You can get hire a civilian lawyer to try to cut you a better deal.

3. That your lawyer doesn't understand the RTD program seems to me to be a huge flag that, like most ADC's, he's overworked and doesn't understand the intracies of the UCMJ. I STRONGLY suggest getting a civilian attorney.

4. At this point, if you don't want to hire a civilian attorney, I'd STRONGLY suggest that you get all the witnesses in your favor together to support you (command, etc). There's a lot of discretion at trial for these sorts of things.

 

[badapple40]

For SJ: I had an interview with both senators (first their staff, then them). They indicated that they'd be back to me in 4-6 weeks.

 

[Switch]

Here's my layman's advice. I don't know much about military courts or anything.

You should plead guilty and take the 10 months. Your lawyer is going to do you in if you take it to trial. Trust me. He'll be so pissed that you didn't take the plea bargain that he'll deliberately screw you in the trial. It happens quite often. He's doing everything he can to you to make it seem really really bad because he wants you to give in and take a plea. I've seen it before and I recognize it.

 

[thepizzaguy]

Have you looked into any military lawyers online? You need representation for sure that is why you have been assigned a military lawyer.

These civilian lawyers know that you don't make a lot of money, they will work with you from what I have heard to make payment arrangements.

Good luck

 

[Aphix]

If only i had money.

Sub2 in the case has a civilian lawyer and is now looking at now time and having his case thrown out. Says the whole thing was done wrong.. They are trialing us seperatly so this does not effect my case.

How is this?

Is there any help out there. I have a week left and I KNOW I could do better with a civilian lawyer. Sub2 had so many cases against him and all would have held up.. All the charges against me were unsuported or unfounded. Nothing was proven.

If anyone knows of a lawyer out there that may work with me please let me know. I have limited computer access time, for I am accessing it from a friends computer.

I admit I was wrong, and people do not like to help someone in this situation. I am not going to say that I am a perfect soldier, but as a soldier I have fought for this countries
in 2 different deployments, and been around the world. I have been an Army Brat all my life from father, step-father, to grandfather. Aunt was AF.. guess it counts.

The Army is all I have. I know I need to pay a price, but if something more can be done, I think i deserve the right to have a FAIR trial and a dedicated lawyer.

If anyone can help please let me know.

 

[thepizzaguy]

Sub2 in the case has a civilian lawyer and is now looking at now time and having his case thrown out. Says the whole thing was done wrong.. The are trialing us seperatly so this does not effect my case.

How is this?

Is there any help out there. I have a week left and I KNOW I could do better with a civilian lawyer. Sub2 had so many cases against him and all would have held up.. All the charges against me were unsuported or unfounded. Nothing was proven.

If anyone knows of a lawyer out there that may work with me please let me know. I have limited computer access time, for I am accessing it from a friends computer.

I admit I was wrong, and people do not like to help someone in this situation. I am not going to say that I am a perfect soldier, but as a soldier I have fought for this countries
in 2 different deployments, and been around the world. I have been an Army Brat all my life from father, step-father, to grandfather. Aunt was AF.. guess it counts.

The Army is all I have. I know I need to pay a price, but if something more can be done, I think i deserve the rought to have a FAIR trial and a dedicated lawyer.

If anyone can help please let me know.

you wrote:

The Army is all I have. I know I need to pay a price, but if something more can be done, I think i deserve the rought to have a FAIR trial and a dedicated lawyer

My answer:
Yes you do. Come on guys (BA and all the other lawyers that spectate) . Lets try and help this guy out.

 

[Aphix]

Case files.

I am just asking to be heard. If anyone can do anything just post, I have a friend watching this site hourly (unless sleeping), I will e-mail the case files to a lawyer for review if need be. (I have scaned them all to PDF for easier review - not really organized)

 

[badapple40]

You need to make some phone calls, ASAP

1. Charles Gittens

Law Offices of Charles W. Gittins
P.O. Box 144
Middletown, VA 22645
phone: 540-868-0949
fax: 540-868-0976
eMail: [email protected]

2. McCormack and Associates

611 Lynnhaven Parkway
Virginia Beach, VA 23452

757-463-7224
[email protected]

3. David Sheldon

Law Offices of David P. Sheldon
Barracks Row, 512 8th Street, S.E.
Washington, D.C. 20003
Tel (202) 546-9575
Toll free (866) 546-9575
Fax (202) 546-0135