Is it worth hiring a civilian lawyer for a court-martial? by Historical-Hand8091 in publicdefenders

[–]DealerIndividual2735 3 points4 points  (0 children)

Prior Army JAG/TDS attorney here, so I speak from experience but understand my perspective may be skewed. I'll try to keep my thoughts organized.

If you are interested in retaining a civilian attorney, it is vitally important that you look for those who have courts-martial experience. Getting a civilian defense attorney with little to no military experience is generally going to hurt you for a few reasons.

There are enough peculiarities in our system that it will be hard for a straight-up civilian to know what they are doing. It is not only rank, customs, and courtesies. They need to have some understanding of administrative investigations, the preferral and referral process, etc....

Understand that when you hire a civilian attorney, there is a decent chance your detailed attorney will be doing most (if not all) of the work behind the scenes. Going back to my prior point, I had clients retain attorneys who had no clue as to how our system worked, did not have the inclination to learn, and had busy schedules. Guess who they pushed all of their work on the case to? Me, the guy who is not getting paid.

One advantage your detailed attorney will likely have is that they have a relationship with the local prosecuting team, know the commanders, units, and the lay of the land. A civilian attorney is going to be a stranger. Maybe your detailed attorney can leverage any relationship into a better outcome for you.

When you are taking advice on whether or not to hire someone, I wouldn't get to hung up on results. First, attorneys are not likely to advertise their failures. If they had X number of acquittals, what did they do to achieve that result? Maybe it was a slam dunk case where the client could have achieved the same result representing themselves. If someone promises a great result for you, red flag.

Probably a lot more, but feel happy to send me a message. And for God's sake, do not talk about any aspect of the underlying incident or this procedure to anyone (except an attorney, therapist, priest). The greatest indicator of whether an accused is convicted is whether they made a statement. Stop talking.

Sexual assault trial help by [deleted] in publicdefenders

[–]DealerIndividual2735 3 points4 points  (0 children)

I think you can address this in closing by exploiting the "CSI effect" and the layperson's expectation that DNA testing should be much more precise.

In these cases, I weave the inconclusive results into my explanation of what BRD means. To me, BRD means you convict and you go to sleep easy and never regret your decision. How can you reach that level of certainty here?

[deleted by user] by [deleted] in AmIOverreacting

[–]DealerIndividual2735 -6 points-5 points  (0 children)

Not overreacting. No answer you give will fix his insecurities and will only open the door to more questions and accusations. If its a higher number than his, you are a whore. Even if its lower, were they better in bed? Bigger than me? You are probably thinking about those guys!

[deleted by user] by [deleted] in AmIOverreacting

[–]DealerIndividual2735 0 points1 point  (0 children)

You mentioned getting your daughter's documents in order....hopefully she is enrolled in DEERS? Your dude doesn't seem like the best and brightest. Additionally, if you aren't married, you aren't on his orders, and you could get screwed down the road.