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Michael Waddington is an expert court martial defense lawyer defending military personnel worldwide. He defends Army, Navy, Air Force, Marine, & Coast Guard court martial cases & was one of the first court martial lawyers to successfully represent a major civilian contractor suspected of criminal activity in Iraq under the UCMJ. 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.
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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. RELEASED FROM CONFINEMENT EARLY PENDING CLEMENCY (Click here to 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.
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Oct 2007 - U.S. v. Army E-7 - Yongsan, South Korea
Senior NCOIC for 4 star GEN B.B. Bell and GEN LaPorte charged with 10 charges, facing over 70 years in prison. Command wanted to "make example" out of soldier. Charges included numerous counts of TDY fraud to New York City & DC x 4, larceny of travel funds for trips to NYC & DC x 4, conspiracy to steal Gov't funds, lying on reenlistment documents to cover up past arrests. Fought all charges at jury trial. A General, 3 Colonels, and 2 CW4's testified against client.
Result: NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL.
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Oct 2007 - U.S. v. Army E-6 - Yongsan, South Korea
Soldier faced 40 years in prison for promotion fraud, conspiracy to steal over $5,000, larceny, submitting forged college transcripts, ASVAB scores, and awards, and lying to CID and commander. We fought charges in front of a jury. Result: ACQUITTED of lying to CID and award fraud. Convicted of promotion fraud and theft.
Sentence: NO JAIL TIME. RETAINED ON ACTIVE DUTY. 45 days restriction, reduction to E-3, a fine, and 1 month forfeitures.
- August 2007 - U.S. v. Army E-7, Fort Lee, VA
High profile case involving client that was an 82nd Airborne Cook accused of smashing an Iraqi detainee's skull with a baseball bat, severely beating another detainee with a bat, kicking a detainee, forcing a subordinate to beat a detainee with a bat, false official statement x 2, and covering up the alleged crimes. The media and Human Rights Watch dubbed client the leader of the "The Murderous Maniacs" and "Skull Crusher." Client made 3 alleged "confessions" to CID. Result: Fought charges at jury trial. Skull fracture charge DISMISSED. ACQUITTED of aggravated assault with bat, cover up, encouraging assault, & assault by kicking. Convicted only of misdemeanor battery and lying to CID.
Sentence: REPRIMAND, NO JAIL TIME, NO REDUCTION, NO FINE, RETAINED ON ACTIVE DUTY & WILL RETIRE.
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 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.
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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
boards, Article 32's, and courts martial.
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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,
MPI, etc.)
trying to dig up dirt to use against 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.
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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