US v. Garcia
Mar 15, 2016OUTCOME: Not Guilty
After gaining a new trial during his appeal, Represented him in a retrial. http://www.court-martial-ucmj.com/uncategorized/garcia-not-guilty-retrial/
Washington, DC
Military law Lawyer at Washington, DC
Practice Areas: Military Law, Administrative Law
OUTCOME: Not Guilty
After gaining a new trial during his appeal, Represented him in a retrial. http://www.court-martial-ucmj.com/uncategorized/garcia-not-guilty-retrial/
OUTCOME: Relief on appeal
United States v. Plant was a difficult appeal, for a lot of reasons. Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces. The court set-aside a conviction of child ... endangerment and ordered a sentence reassessment. Faced with the issue back in the Air Force Court of Criminal Appeals we argued that the case should be returned to the field for a rehearing on the sentence. However, we argued the alternative remedy of disapproving one year of confinement. We did that because that was the maximum potential punishment for the child endangerment charge. Today we received the news that the AFCCA agreed with us on setting aside one year of confinement. This means Plant will be released 16 months earlier than expected.
OUTCOME: Relief on appeal
United States v. Plant was a difficult appeal, for a lot of reasons. Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces. The court set-aside a conviction of child ... endangerment and ordered a sentence reassessment. Faced with the issue back in the Air Force Court of Criminal Appeals we argued that the case should be returned to the field for a rehearing on the sentence. However, we argued the alternative remedy of disapproving one year of confinement. We did that because that was the maximum potential punishment for the child endangerment charge. Today we received the news that the AFCCA agreed with us on setting aside one year of confinement. This means Plant will be released 16 months earlier than expected.
OUTCOME: Charges dismissed
Army appeals court dismisses conviction of sexual assault and orders a rehearing on sentence for two minor charges. https://www.jagcnet.army.mil/Portals/Files/ACCAOther.nsf/MODD/5EB02B308E9DEC458525 ... 7EA60055DFB5/$FILE/mo-garcia,%20g.pdf
OUTCOME: Charge dismissed
The Court of Appeals for the Armed Forces decided the issue in clients favor. http://www.armfor.uscourts.gov/newcaaf/opinions/2014SepTerm/150011.pdf
OUTCOME: NJP/Article 15.
SPCM for theft, wrongful disposition, conspiracy, obstruction of justice. Negotiated result.
OUTCOME: Not guilty
Not guilty and/or dismissal of all six charges alleging sexual assault on patients by a medical provider.
OUTCOME: Not guilty
Two complaining witnesses accused client of rape, as a result of their being under the influence of alcohol. After a contested members trial the client was found not guilty of all charges.
OUTCOME: Discharge in lieu of trial.
Client accused of breaking the arms of his twin children. Article 32, UCMJ, investigating officer recommended trial at general court-martial. Convening Authority approved an administrative discharge ... in lieu of trial.
OUTCOME: Clearance retained
Action to revoke security clearance.