Attorney Robert Frances Capovilla's Legal Cases

Sex crime

U.S. v. J.T. (E-7), Fort Bragg, North Carolina. SFC (E-7)(Sexual Assault)

Apr 01, 2017

OUTCOME: FULL ACQUITAL. No jail time. No sex offender registration. No punitive discharge.

E-7 is accused of five specifications of violation of Article 120b of the UCMJ for alleged acts upon a child. At trial before a military panel, defense shows that child outcry follows a separation betw ... een her biological mother and the Accused (her stepfather) and that the outcry to CID followed the day after the accused served the child’s mother with divorce papers. The panel heard testimony and evidence for a full day; the following day the panel deliberated for forty-four minutes and fully acquitted the accused.

Military law

U.S. v. D.E. (PV2), Fort Benning, Georgia (Aggravated Assault)

Mar 01, 2017

OUTCOME: No punitive discharge. No federal conviction. No jail time.

Soldier accused of striking fellow trainee in the head with a blunt object in violation of Article 128 of the UCMJ. Charges not brought forward to General Court Martial after negotiations successfully ... resolve matter and all charges are dropped.

Military law

U.S. v. D.S. (PFC), Fort Benning, Georgia (Violating Order)

Feb 01, 2017

OUTCOME: No federal conviction. No jail time. No punitive discharge.

Soldier accused of multiple violations of Article 92 and 85 for abandoning rifle range duties and misuse of facility and U.S. Government property. Command initially threatens a general court-martial an ... d a punitive discharge. After successful pretrial negotiations, all charges and dismissed.

Domestic violence

U.S. v. J.M. (E-7), Eglin Air Force Base, Florida (Domestic Violence and Aggravated Assault)

Nov 01, 2016

OUTCOME: No federal conviction. No jail time. No punitive discharge.

Soldier accused of multiple acts of domestic violence against his spouse in violation of Article 128 of the U.C.M.J. Command threatens a general courts-martial and law enforcement informs command that ... probable cause exists to believe that the Soldier committed the offenses. After successful negotiations, all charges are dropped and the Soldier receives an Honorable characterization of service.

Sex crime

U.S. v. J.T. (PVT), Fort Stewart, Georgia (Sex Assault)

Jun 01, 2016

OUTCOME: No federal conviction. No jail-time. No sex offender registration. No OTH.

Soldier accused of sexual assault of fellow trainee. After months of investigation, the Government decides to dismiss charges but refers the case to a separation board hoping to dismiss the Soldier wit ... h an Other Than Honorable discharge. After a full day of litigation, the board unanimously retains Soldier in service, giving no credence to allegations of sexual assault.

Military law

U.S. v C.G. (E-7), Meridian, Mississippi (BAH Fraud and Orders Violation)

Sep 01, 2015

OUTCOME: No federal conviction. NO punitive discharge. No jail-time.

Marine accused of violations of Articles 92 and 107 for allegedly cohabitating with a prohibited person and commission of housing allowance fraud. After lengthy negotiations, matter withdrawn from Spec ... ial Court Marital and Marine given non-judicial punishment.

Sex crime

U.S. v. D.P. (E-4), Fort Bragg, North Carolina (Sex Assault)

Sep 01, 2015

OUTCOME: Full acquittal. No federal conviction. No sex offender registration. No jail-time.

Soldier accused of sexual assault in violation of Article 120 of the U.C.M.J. After months and months of investigation, the Government refers the case to a GCM and seeks a federal conviction, jail-time ... , and a dishonorable discharge. After two-day trial, victim/witness reverses herself under cross examination. Court finds the accused not guilty.

Military law

U.S. M.D. (E-6), Eglin Air Force Base, Florida (Drug Use)

Aug 01, 2015

OUTCOME: After a full day of hearing, the board retained the Staff Sergeant and returned him to duty.

Staff Sergeant accused of wrongful use of cocaine while deployed. Command initiates a full investigation and seeks to separate the SSG with an OTH and take away his benefits.

Military law

U.S. v. L.L. (E-5). Fort Bragg, North Carolina (Adultery)

Aug 01, 2015

OUTCOME: Soldier retained at separation hearing. No OTH. No discharge.

Sergeant accused of adultery in violation of Article 134. After command initiated an investigation, the Soldier is informed that his case is being referred to a separation board. The prosecutor seeks a ... n OTH, separation, and an end of the Soldier’s career.

Robert Frances Capovilla's Legal Cases (59)

U.S. v. J.T. (E-7), Fort Bragg, North Carolina. SFC (E-7)(Sexual Assault)

U.S. v. D.E. (PV2), Fort Benning, Georgia (Aggravated Assault)

U.S. v. D.S. (PFC), Fort Benning, Georgia (Violating Order)

U.S. v. J.M. (E-7), Eglin Air Force Base, Florida (Domestic Violence and Aggravated Assault)

U.S. v. J.T. (PVT), Fort Stewart, Georgia (Sex Assault)

U.S. v C.G. (E-7), Meridian, Mississippi (BAH Fraud and Orders Violation)

U.S. v. D.P. (E-4), Fort Bragg, North Carolina (Sex Assault)

U.S. M.D. (E-6), Eglin Air Force Base, Florida (Drug Use)

U.S. v. L.L. (E-5). Fort Bragg, North Carolina (Adultery)