Case Conclusion Date:January 1, 2006
Practice Area:Military Law
Outcome:Ultimately not guilty, on appeal
Description:Accused of multiple indecent acts with step-daughter. Against my consistent advice the client decided to talk with NCIS and gave a confession. First we litigated the confession. The judge excluded part of the confession because it wasn't sufficiently corroborated. Then (with my support) the client declined a pretrial agreement for two years. After a contested trial the client was convicted of only one assault and battery. Because of that he did not have to register as a sex offender - a substantial win in and of itself. Later his whole conviction was set aside on appeal, and now he has no conviction. This case is an example of what I call "Litigate to Mitigate." And an ultimate "not guilty," result. Therefore, no SRO and no "felony."