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Michael Waddington is an expert 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), and the Pacific (Korea, Japan). He has handled Navy cases worldwide, including Norfolk, VA.
Mr. Waddington is the founder of the National Association of Military Defense Lawyers and has successfully defended numerous high profile court martial cases arising from the War on Terror. He has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other international news outlets. Click here to read about our high profile cases.
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 the military justice system,
the Prosecution has numerous attorneys and paralegals working hard
to
put you in
prison
for as
long as possible. The Norfolk Navy bases are no exception. The accused is often
scared, overwhelmed, and feels helpless, and they should. 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.
-SEE FOR YOURSELF - ASK YOUR PROSPECTIVE 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 (Most will squirm in their chair). Click here to see Mr. Waddington's Recent Case Results
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.
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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.
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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.
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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 3-4 pages long, usually with the same conduct
charged over and over again, in a variety of ways.
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The Government
has virtually unlimited financial
resources and some prosecutors will try to win at all costs.
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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.
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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. They will lie to convict you.
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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." Mr. Waddington personally experienced this when he was an Army TDS lawyer, he was told repeatedly by senior officers, "we are all in this together" and "remember your future in the JAG Corps." Not willing to compromise his honor for a "future" as a JAG lawyer, Mr. Waddington resigned his officer commission & became a civilian defense attorney.
- 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. If you are at the Norfolk Navy/Naval Base, then call for a second opinion on your case.
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- 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 AWOL.
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.
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October 2008 - U.S. v. E-4 - Fort Riley, KS - Soldier accused of rape, adultery, and false official statement. Faced life in prison and sex offender registry. Soldier signed confession when interrogated by CID. We were hired well before charges were preferred and immediately went to work to investigate and resolve the case. Commander told us his hands were tied by the "confession" and he had to prefer rape charges. After 2 months of negotiations, command gave client an Article 15 for adultery. Declined to prosecute despite "confession."
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September 2008 - U.S. v. E-5 - Seymour Johnson Air Force Base & Kirkuk, Iraq - Air Force Security Forces client faced 41 years in prison and sex offender registry. Charged with 2 charges of felony aggravated sexual assault and one charge of sexual harassment. Over a dozen witnesses. SJA office calculated case was worth 25 years and a Dishonorable Discharge. They played hard ball. Air Force sent "top gun" prosecutor from DC to try the case. We fought the charges in front of an enlisted court martial jury.
Result: Client ACQUITTED of all sex charges. Convicted of misdemeanor harassment.
Sentence: 60 days confinement, RETAINED ON ACTIVE DUTY, Reduction, 2 months forfeiture, Reprimand.
In Clemency the conviction & sentence were overturned. Client was given an Article 15 (NJP) & time served. He now has a clean record.
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June 2008 - Naval Academy Rape Allegation - ALL COURT MARTIAL CHARGES DISMISSED. Superintendent drops all charges against midshipman despite pressure to prosecute and against the recommendation of the JAG prosecutors. We fought the charges at Article 32, despite being told that we had no chance of winning in current political climate. Article 32 officer gave strong opinion in favor of client.
- May 2008 - Naval Academy Rape Allegation - Article 32 Investigating Officer Recommends dismissing court martial charges.
- May 2008 - U.S. v. Marine E-6 - Camp Foster, Okinawa, Japan
Marine charged with statutory rape, possession of child porn, indecent acts, and sodomy. DNA (semen), fiber, and trace evidence found on alleged victims pants and bra. 3 top expert witnesses flew to Japan to testify against client. Judge denied all of our expert requests, trying to force a plea deal. We contested the charges in front of a Marine jury and attacked the sloppy NCIS investigation and inconclusive lab tests.
Result: NOT GUILTY. FULL ACQUITTAL.
-Letter from client regarding our representation.
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April 2008 - U.S. v. Army E-4 - Camp Humphreys, Korea
Soldier charged with aggravated sexual assault/rape of another soldier. Strong DNA evidence. Client faced over 30 years in prison. We fought the case in front of an enlisted jury at a court martial.
Result: NOT GUILTY. FULL ACQUITTAL in approximately 30 minutes.
-Thank you letter from client's mother regarding our defense of her son.
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April 2008 - U.S. v. Army E-3 - Camp Casey, Korea
Soldier charged with numerous specifications of aggravated sexual assault, rape, forcible sodomy, and others. Faced over 80 years in prison. Signed two detailed confessions. We conducted a thorough investigation up front and negotiated an alternate resolution with prosecution.
Result: ALL COURT MARTIAL CHARGES DISMISSED 5 DAYS BEFORE ARTICLE 32 under Chapter 10.
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 (Norfolk, VA, 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.
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.
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.
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.
Norfolk VA
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