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Michael Waddington is an expert court martial defense lawyer defending military personnel worldwide. He defends Army, Navy, Air Force, and Marine court martial cases. He has defended court martial cases in the USA, Europe,
the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).
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.
Click here to see our Recent Case Results
In most cases,
the Prosecution has numerous attorneys and paralegals working hard
to
put you in
prison
for as
long as possible.
In
the Military Justice system, the accused is often
scared, overwhelmed, and feels helpless. Therefore, they feel they have no choice but to
quickly
plead
guilty. When you plead guilty, you have a 96% 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.
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Government prosecution
team members usually outnumber your assigned military defense team
5 to 1.
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The accused is often denied requested delays and continuances so that they can prepare for
courts martial, Article 32's, and boards.
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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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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.
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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.
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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.
Feb 2008 - U.S. v. Army E-4 - Schofield Barracks, Hawaii - FOB Warrior, Iraq
Army Scout accused of murdering an Iraqi detainee/insurgent. Client allegedly shot a wounded detainee twice in the head at a distance of 4 feet. Charged with 1st degree premeditated murder (mandatory minimum - life in prison). Client admitted to shooting at detainee. Fought charge at Article 32 & had charge reduced to 3rd degree murder (up to life in prison). Client rejected all plea deals & requested trial by an enlisted jury.
Result: ACQUITTED OF MURDER, convicted of aggravated assault by offer (discharging the weapon near the detainee but missing him)
Sentence: RETAINED ON ACTIVE DUTY, 120 days in jail (will serve 100), reduced 2 grades, reprimand, NO FORFEITURES - Soldier will be paid while in jail. Will return to the unit
and continue his career.
4 May 2008 - Released early from jail pending clemency (see article)
20 May 2008 - SENTENCE, CONVICTION REDUCED (Read article)
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Feb 2008 - U.S. v. Army E-7 - Camp Red Cloud, Korea
18 year vet accused of stealing over $150,000 in BAH, OHA, FHA, & FSA. Successfully contested charges at Article 32. Proved amount was greatly exaggerated.
Result: COURT MARTIAL CHARGES WITHDRAWN and soldier remains on Active Duty. Allowed to pay back much lower amount in dispute.
Jan 2008 - U.S. Army O-3 - Yongsan, South Korea
20 year vet court martialed for allegedly punching his 2 children with a closed fist, choking, and 3 charges of indecent acts on his minor daughter (8 charges total). Contested charges in front of an officer jury. Prosecution rejected a 3 year plea deal and forced case to a court martial.
Result: ACQUITTED OF ALL SEX CHARGES &
BEATING CHARGES. Convicted of 2 lesser assault & battery charges.
Sentence: RETAINED ON ACTIVE DUTY, Reprimand, 100 days confinement, will retire in June 2008.
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.
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.
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