Court Martial Defense Lawyer

Michael Waddington is a court martial defense lawyer defending military personnel worldwide. He defends Army, Navy, Air Force, Marine, and civilian contractor court martial cases. He has defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait. Afghanistan), and the Pacific (Korea, Hawaii, Japan).

Mr. Waddington has successfully defended numerous high profile court martial cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. He has provided consultation services to 60 Minutes, ABC Nightline, CNN, CBS, the BBC and other international news outlets. Click here to read about our high profile cases.

Chart Listing Recent Court Martial Case Results with Discharges Listed

We invite you to compare our case results with ANY lawyer worldwide, civilian or military. We also provide references on request.

What are the Real Costs of a Court Martial Conviction? - Learn why a quick plea deal may not be in your best interests.

In a Court Martial, What Am I Up Against?
In the military justice system, the Prosecution has numerous attorneys and paralegals working hard to put you in prison for as long as possible. The accused is often scared, overwhelmed, and feels helpless, and they should be. The deck is stacked against them. That is what the military wants. Defendants believe that they have no choice but to quickly plead guilty. PLEADING GUILTY SHOULD BE A LAST RESORT! YET, SOME MILITARY & CIVILIAN DEFENSE LAWYERS PLEAD ALL OF THEIR CLIENTS GUILTY, EVEN WHEN THEY HAVE A FIGHTING CHANCE OR THEY ARE INNOCENT.

-ASK YOUR PROSPECTIVE CIVILIAN OR MILITARY LAWYER TO DESCRIBE THE DETAILS & OUTCOMES OF THE LAST 12 CASES THEY DEFENDED. ASK HOW MANY OF THIER CLIENTS WERE ACQUITTED, HOW MANY WERE NOT DISCHARGED FROM THE MILITARY, & HOW MANY CASES THEY FOUGHT IN FRONT OF A JURY. Click here to see Mr. Waddington's Recent Case Results

The military has a conviction rate over 90% and almost all convicted defendants are discharged from the military and/or sent to prison.

When you plead guilty, you have over a 95% chance of going to jail, getting a punitive discharge from the military, losing your rank, & you are GUARANTEED to be a Federal convict for the rest of your life. If you want to discuss fighting your case, call Mr. Waddington to discuss your options.

Take a look at what you are up against & why you need a hard hitting, fearless civilian defense lawyer fighting for you (these observations are based on Mr. Waddington's personal experience in court martials worldwide):

  • Government prosecution team members usually outnumber your assigned military defense team 5 to 1. They will often manipulate every aspect of the case and fight hard to deprive you of your ability to mount a legal defense. Some will use underhanded tactics to win. You must level the playing field with a battle tested defense lawyer.

  • The accused is often denied requested delays and continuances so that they can prepare for courts martial, Article 32's, and boards.

  • Some prosecutors will acquire the testimony of witnesses by offering them immunity, plea deals, and favors, so long as the witnesses help the prosecution win their case & say what they want them to say. You need a lawyer that can destroy lying witnesses and uncover corrupt prosecutors and perjured testimony.

  • Almost always, the accused is denied expert assistance, even when the prosecution has numerous expert witnesses in the same area. Commonly, the prosecutor and SJA play a key role in ensuring that the accused is denied expert assistance. The accused is usually forced to beg the judge for the same experts that the Government has and that is often denied as well. The accused must have an attorney with the experience and skill to win a case without defense experts, if necessary.

  • Military prosecutors often use the "shotgun approach" to charging. Their strategy is simple, charge a military service member with as many charges as possible, and they will have no choice but to plead guilty. It is not uncommon for a court martial charge sheet to be 3 pages long, usually with the same conduct charged over and over again, in a variety of ways.

  • The Government has virtually unlimited financial resources and some prosecutors will try to win at all costs.

  • CID, OSI, NCIS, & other military investigators are trained to use lies, trickery, & deceit, & they are good at it. Their official training courses teach them to use "Liars, Trickery, & Deceit" to get the job done. They will get away with as much lying as the defense lawyer will allow. You need a lawyer that can expose their lying, deceptive ways, & turn it to your advantage at trial. NEVER TRUST A CID, OSI, or NCIS AGENT. Don't trust a military lawyer that claims to be "friends" with OSI, CID, or NCIS. You will live to regret it, after you get out of military prison.

  • The Government has its own staff of criminal investigators (CID, NCIS, OSI, MPI, etc.) trying to dig up dirt to use against you. They will almost always overlook, misplace, or hide evidence that helps your case. At trial, they will take innocent facts and twist them to make you look guilty.

  • Rank often plays a role in the outcome of your case. Almost always, the Judge, the Chief of Military Justice, the Staff Judge Advocate (SJA), most of the jury, the Convening Authority (the person that picks the jury and decides whether or not you will be court martialed), the Article 32 officer, the chain of command, and virtually every person that makes a decision in your case will outrank you and your assigned Military Lawyer. An aggressive civilian defense lawyer is not subject to rank.

  • The Staff Judge Advocate (SJA) is the convening authority's (CA) legal advisor. The SJA has a duty to be fair, neutral, and impartial when giving advice. The SJA's role is "justice." The reality is, to many SJA's, "justice" means a conviction, hard jail time, and a discharge. The SJA is the boss, senior supervisor, and rater of the prosecutor. They are not looking out for your freedom and your family's welfare. They are not neutral. They want you in jail. Most SJA's actively strategize with their prosecutors on how to convict the defendant and maximize his jail time. Many SJAs admonish their prosecutors when they lose a case. Some SJAs will put pressure on your military lawyer to get their way.
  • Some SJA offices will proceed to trial on baseless charges even when the Article 32 investigating officer finds that the charges are not supported by the facts.
  • In a court martial, the prosecution can call any witnesses they want. They don't have to tell the accused what the witness will say. On the other hand, the defense, in order to have witnesses brought to court martial, must disclose to the prosecution exactly what the witnesses will say (in writing) and what role that testimony will have in the defense. Some judges require the defense to disclose even more details to the prosecution. This often reveals the entire defense strategy. In the end, after the prosecution learns the defense strategy, they can then pick and choose which defense witnesses will be brought to the court martial.
  • In some cases (especially high profile court martial cases), extreme pressure will be put on the military defense lawyer to "not rock the boat" or "burn bridges."
  • Military defense lawyers are forbidden (by the military, not their State Legal Bar Associations) to speak or deal with the media, even if they speak the truth and it will help their client get a fair trial. They must get "permission" from their senior boss, an O-6 in Washington, DC, in order to be able to respond to negative or false press. The prosecution often releases harmful and unfounded information to the media when they file charges. In the Army, defense lawyers are even more restricted. During the high profile Bagram Prison Abuse court martials of 2005-2006, Mr. Waddington (then an Army lawyer) successfully fought false Government accusations in the media. It embarrassed the military, exposed a bogus prosecution, and revealed that the Pentagon sanctioned detainee abuse and then court martialed soldiers for carrying out their orders. In Dec 2005, in the middle of the Bagram trials, Army TDS leadership rewrote their policy and made it nearly impossible for an Army TDS lawyer to defend against negative press.

BOTTOM LINE: IF YOU WANT A FAIR SHAKE IN THE MILITARY JUSTICE SYSTEM, THEN YOU NEED A FEARLESS LAWYER TO FIGHT FOR IT.
RECENT CASE RESULTS:
  • February 2010 - U.S. v. Army O-5 - Fort Gordon, GA - Client with over 20 years accused of forging rental agreements, submitting dozens of false travel vouchers and stealing tens of thousands of dollars in Government money. Defended case along with CPT Emeka Nwofili. Client originally faced over 70 years in prison.
    Result: Not guilty on 4 allegations. Guilty of 2 allegations.
    Sentence: 30 days in jail, a reprimand, forfeitures, a fine and NO DISCHARGE. Client will retire in March 2010.
  • February 2010 - U.S. v. Air Force E-4 - Hanscom AFB, MA - (This case is a continuation of the August 2009 case below) Client was accused of rape, sex assault, adultery, and other crimes. The Government dropped charges on the eve of trial, gave client an Article 15 and then tried to separate client with an Other than Honorable at a board, assuming it would be easy after the Article 15 conviction. Mr. Waddington fought this case without a military lawyer in front of a board of 5 officers and 2 enlisted airmen. Client's Commander (a LTC) testified that he wanted the client discharged with a negative discharge and did not want him in the unit. Of course, we fought back.
    Result: The board RETAINED the airmen on Active Duty. NO DISCHARGE.
  • January 2010 - U.S. v. E-7 - Undisclosed training base - Client accused of aggravated sexual assault and various other sex offenses against a trainee. DNA evidence present. Successfully fought the charges at the Article 32. Government went against the Article 32 recommendation. Mr. Waddington and CPT Emeka Nwofili prepared for a jury trial and discovered impeachment evidence on the key witnesses.
    Result: Two days before the scheduled trial, the prosecution dropped all charges.
  • November 2010 - Shaw Air Force Base, SC - Client convicted of drug trafficking in GA civilian court. Client was also accused of possessing CP on his computer. We avoided a court martial on the drug and CP possession charges. The Air Force tried to discharge the client with an Other Than Honorable Discharge. Air force defense lawyer told the client to waive the board because "he had no chance of winning anything better than an Other than honorable." Client released the ADC. Mr. Waddington then fought the case in front of an officer board.
    Result: Client received a General Under Honorable Conditions Discharge. Maintained most benefits.
  • October 2009 - U.S. v. Army E-5 - Yongsan Army Base, Korea - Soldier charged at a General Court Martial with 2 charges of Felony Aggravated Assault with Means Likely to Produce Death or Grievous Bodily Injury for allegedly beating 2 soldiers with an unopened beer bottle and False Official Statement. The two "victims" were severely injured and one was stabbed during the fight. Our client made numerous statements to CID and there was a video of the fight. Mr. Waddington and CPT Duane Kees pressed for a contested jury trial. A few days before the trial date, the Government agreed to drop the General Court Martial, drop the felony aggravated assault charges to misdemeanor assault charges, drop the false official statement, limit client's jail time to 30 days, agree to no discharge, and limit his reduction to 2 pay grades.
    Result : 30 days in jail, NO DISCHARGE, reduction to E-3, $300 per month for 3 months. No Felony conviction. Client will return to unit by the end of Oct 2009.
  • August 2009 - U.S. v. Air Force E-6 - Hanscom AFB, Massachusetts - At a General Court Martial, client was accused of rape, multiple sexual assaults, adultery, violation of a general order and other offenses. Mr. Waddington and co-counsel, Captain Wes Miller, aggressively prepared their case for trial. Client maintained his innocence throughout the case. On August 21, 2009, 3 days before the jury trial was scheduled to being, the General dismissed all charges. NO DISCHARGE, NO CONVICTION, NO JAIL TIME.
  • August 2009 - U.S. v. Navy E-4 - Sasebo Navy Base, Japan - Client charged with Rape,forcible sodomy and numerous sexual assaults. Sailor allegedly raped and sexually assaulted a supposedly drunken female sailor. In addition, sailor was accused of numerous good order and discipline charges. The charge sheet was several pages long. We contested the charges at an Article 32 along with co-counsel, LT James Toohey . ALL CHARGES DISMISSED AFTER ARTICLE 32.
  • July 2009 - U.S. v. Army E-6 - Tripler Army Medical Center - Soldier was falsely accused of raping a co-worker (a vindictive ex-girlfriend). CID tried to dig up evidence to support the story of the supposed victim and tried to manipulate the investigation to build their case. CID only took sworn statements from witnesses that helped their case and turned away key witnesses that proved the innocence of the client. We were retained before charges were filed. NO charges filed. Soldier received a LOR, which is being contested.
  • June 2009 - U.S. v. Army E-8(P) - Yongsan Army Base, Korea - Client, an Army First Sergeant, accused of raping an E-3 soldier in his company, adultery, and fraternization. CID & prosecutors claimed that his DNA & semen were found on the alleged victim. Numerous witnesses claimed to see client running from the girl's room late at night. Client proclaimed his innocence and refused to take plea deal. Prosecution dropped the rape charge two weeks before trial but proceeded to trial on remaining charges. Mr. Waddington & military lawyer CPT Adam Jonasz contested the charges in front of an enlisted jury.
    Result: NOT GUILTY OF ALL CHARGES
  • May 2009 - U.S. v. Army E-6 - Camp Humphreys/K-16, Korea - Client charged with 2 separate rape allegations, indecent acts, kidnapping and false official statement. Faced life in prison. Prosecutor, played hard ball and tried to stack the deck against our client. He denied ALL defense witnesses but one and dug up former sexual partners of the accused dating back to high school to prove that client was a "serial rapist" and "violent sexual predator." The prosecutor then brought numerous witnesses, an investigator, a Forensic Rape Expert and a Forensic Psychologist from the USA and numerous JAG prosecutors from around Korea to assist at trial in an effort to convict the accused. We fought back and contested all charges in front of an enlisted jury.
    Result: ACQUITTED OF ALL CHARGES after about 60 minutes of jury deliberations.
  • May 2009 - U.S. v. Army CW3, Fort Rucker, Alabama - Aviator client with 17 years Active Duty accused of three sexual assaults and one charge of conduct unbecoming an officer. Client signed an alleged "confession." Contested all charges in front of an officer jury.
    Result: ACQUITTED OF ALL SEX CHARGES, Convicted of conduct unbecoming
    Sentence: Reprimand, 2 months restriction to post, NO JAIL TIME, NO DISCHARGE, NO FORFEITURES

  • April 2009 - U.S. v. O-5 - Buckley Air Force Base, Colorado - Client accused of attempted larceny of over $70,000, false official statement, fraud, filing a false claim, multiple lengthy AWOLs.
    Result: ALL CHARGES DISMISSED AFTER ARTICLE 32, client allowed to retire with an honorable discharge. Saved $2 million retirement.

  • March 2009 - U.S. v. E-8 - Tripler Army Medical Center, Hawaii - Client accused of sexually harassing 2 subordinates, hazing & abusing 2 other soldiers, failing to go to work for weeks at a time, & wearing an unauthorized Combat Action Badge (CAB) in order to get promoted. Contested all charges.
    Result: ACQUITTED of 5 out of 6 charges. Convicted of one charge of hazing. Sentenced to forfeit 1/3 of one month's pay. Judge recommended that pay be suspended for 3 months so long so client stays out of trouble.
  • March 2009 - U.S. v. E-5 - Hickam Air Force Base, Hawaii - Client accused of stealing over $18,000 in electronics and tools using a Government IMPAC card. Accused of covering up theft of two subordinates Trial date set for 17 March 2009. After carefully reviewing thousands of documents. We took a risk & presented our defense to the prosecutor and SJA. Based on the what we presented, they realized many documents were forged (by someone other than our client) and they dismissed all charges.
    Result: All charges dismissed on 15 March 2009 (two days before trial)

  • March 2009 - E-6 - Iwakuni Air Base, Japan - Client accused of raping & then stalking a drunken lower enlisted Marine & other additional charges. She had her friends backing up her allegations.  Faced Life in prison, Dismissal, Sex offender registry, Felony conviction. We fought the case at an Article 32 & a dismissal was recommended.  The General refused to dismiss & added an additional Rape charge.  We investigated alleged victim via MySpace and Facebook & discovered evidence to help client.  Went to second Article 32 & exposed victim as a liar.  2nd Article 32 officer recommended dismissal of all sex charges. Gov't would not back down.
    Result: Aggravated sexual assault charges dismissed.  Rape charge dismissed.  Client submitted a SILT (separation in lieu of trial) & left the service without a Federal conviction & having to register as a sex offender.

  • Feb 2009 - E-8(P) - Fort Bliss, Texas - Male Army soldier client accused of raping & sodomizing a lower enlisted male soldier. Charge sheet was scheduled to be read to client when we were hired. Client faced life in prison & sex offender registry. We interviewed the alleged victim and presented evidence to command that exposed the holes in the Gov’t case. Command held off on filing charges for 6 months & finally agreed to drop charges so long as client retired.
    Result: Client retired with an honorable discharge & received a letter of reprimand.
  • Feb 2009 - Civilian - Aiken, South Carolina - Client arrested and caught on police camera in Dec 2007 with a 22 pound bundle of marijuana in the trunk of his car. Charged with felony drug trafficking & faced 10 years in prison.
    Result: Prosecution dropped charges / Nol pross - No jail time, no conviction.
  • Jan 2009 - U.S. v. O-2 - Bliss, Texas - Officer client under investigation for engaging in romantic affair with an NCO in her unit.  The relationship allegedly disrupted good order and discipline in the unit.  JAG & commander intended to charge client and make an example out of her.  Faced up to 15 years in prison, a DD, and a felony conviction. We got involved & tried to resolve the case without a court martial or NJP. Accused of fraternization, violation of an order, conduct unbecoming and officer.
    Result: Declined to prosecute.  Client allowed to PCS without repercussions
  • Jan 2009 - U.S. v. O-4 - Fort Benning, Georgia - Client accused of having an adulterous affair with the wife of an enlisted soldier, they allegedly started dating while the woman was under client’s  command.  He was also accused of impeding an investigation & conduct unbecoming. Faced up to 10 years in prison, a dismissal, and a felony conviction. We were hired to avoid a court martial, NJP & to save his career.  We contacted investigators & JAGs to put forth our side of the story before charges were filed.
    Result: Letter of Reprimand, no court martial charges filed, No NJP or Article 15.
  • December 2008 - U.S. v. E-2 - Hurlburt Field Air Force Base, Florida - Client faced 15 years in jail. He made a detailed written & oral confession admitting to the crimes. He broke into the dorm room of a female airman that he did not know and sexually assaulted her as she slept. Best plea deal offered was 3 years in jail & a punitive discharge. We fought the case in front of an officer jury.
    Sentence: 8 months and NO DISCHARGE (client still in the Air Force). Sentence reduced by 1 month in clemency

  • November 2008 - U.S. v. E-6 - Yokota Air Force Base, Japan - Client with 18 years of service was accused of stealing $9,075 and taking and gambling thousands of additional dollars from the Air Force cash vault that he managed. Faced 10.5 years in prison and a dishonorable discharge. This was the largest loss of bank vault funds in recent AF history. Signed "confession" and allegedly made verbal admission of guilt to investigators. Prosecution team of 3 lawyers played hard ball and flew in senior trial lawyer from Los Angeles, CA when client rejected plea bargain. Contested charges in front of an enlisted panel.
    Result: Client ACQUITTED of felony larceny of $9,075. Convicted of wrongful appropriation (borrowing money) which is a misdemeanor.
    Sentence: NO DISCHARGE, 1 month confinement, reduction to E-4, forfeitures, restriction and 60 days hard labor without confinement. Prosecution asked for the maximum during sentencing proceedings.

Military Defense Lawyer - Trial Lawyer

Michael Waddington is a criminal defense lawyer defending service members worldwide at court martial and administrative separation boards. In the past year alone, he has successfully defended military personnel in Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), the Pacific (Yongsan Korea, Camp Casey Korea, Okinawa Japan, Yokota Japan), and throughout the United States. Mr. Waddington has a reputation for being a fearless and hard hitting trial lawyer. He has successfully fought cases with overwhelming odds and drives a hard bargain when negotiating. Prosecutors don't take a defense lawyer seriously unless they know that the lawyer has a history of taking cases to trial and winning.

Mr. Waddington has been involved in some of the most high profile cases arising from the War on Terror. He has extensive experience fighting against Military Prosecution "Teams" and winning. Mr. Waddington will personally handle your case from start to finish. He keeps his case load small and generally only takes cases were the client wants to fight the allegations.

Know Your Rights as a Suspect

Choosing a military defense attorney may be the most important decision that you will ever have to make. Do not go into a court martial or administrative separation board without carefully selecting your lawyer.

Court Martial Lawyer

Our defense lawyers provide professional representation at General Court Martial (GCM), Special Court Martial (BCD Special), or Summary Court Martial (SCM). Working with your assigned counsel, we take the lead and develop the best strategy to protect your life, liberty and property.

Administrative Separation& Show Cause Boards

Our attorneys can help defend your rights at separation boards & show cause boards. Mr. Waddington has successfully represented hundreds of service members facing administrative separation.