Fraternization and Conduct Unbecoming | Case Result
Nov 16, 2018
OUTCOME: While the GOMOR was filed in the officer’s record, our rebuttal will permanently accompany that document.
Our client was under investigation for fraternization and conduct unbecoming. Based on early intervention, we were able to keep the charges at adverse administrative action. The case did not go to cour...t martial or Article 15. The Warrant Officer received a General Officer Memorandum of Reprimand. Our office drafted a rebuttal to GOMOR for fraternization based on the biased nature of the investigation and alibis from both people involved. While the GOMOR was filed in the officer’s record, our rebuttal will permanently accompany that document. Most importantly, our client did not have to face non-judicial punishment and no administrative separation was initiated.
Military law
Army W-2 Faces Fraternization Charges, Receives GOMOR but Stays in Service
Nov 02, 2018
OUTCOME: Despite these efforts, the GOMOR was filed permanently in the Warrant Officer’s record.
An Army Warrant Officer at Schofield Barracks faced an AR 15-6 Investigation for fraternization, which is a formal fact-finding inquiry used by the Army to investigate allegations of wrongdoing. Follow...ing the initiation of this investigation, the Warrant Officer retained Tim Bilecki, a military defense attorney known for his expertise in UCMJ Article 134 cases in Hawaii, to navigate through the legal challenges.
Bilecki’s first step was to conduct a thorough investigation to contest the fraternization allegations and aim for a finding that the matter was unsubstantiated. Despite these efforts, the AR 15-6 Investigating Officer concluded there was substantial evidence of an inappropriate, likely sexual relationship between the Warrant Officer and a junior Soldier, leading to the substantiation of the allegations.
The case was then referred to the command, where the Commanding General had the authority to decide on disciplinary actions. The General issued a General Officer Memorandum of Reprimand (GOMOR), a formal military reprimand that can significantly impact an officer’s career.
In response, Bilecki drafted an extensive rebuttal to the GOMOR, emphasizing the Warrant Officer’s prior exemplary service and attempting to divert attention from the relationship. Despite these efforts, the GOMOR was filed permanently in the Warrant Officer’s record. However, Bilecki’s advocacy ensured that the case did not escalate to an Officer Show Cause Board, which could have led to separation from the Army.
Military law
Substandard Duty Performance, False Official Statement | Case Result
Oct 12, 2018
OUTCOME: After a full day of testimony, the board unanimously found no basis for misconduct.
A Navy Lieutenant retained civilian defense counsel Tim Bileckiafter his command referred his case to a Board of Inquiry. This type of board is referred to as a “show cause” board. It a serious matter ...where the officer in question must show that they should be retained as an officer in the Navy. Mr. Bilecki investigated the case and represented the Lieutenant at the hearing. After a full day of testimony, the board unanimously found no basis for misconduct.
Military law
Navy O-2 Facing False Statement and Substandard Performance Continues Service
Oct 12, 2018
OUTCOME: The Board of Inquiry unanimously found no basis for separation, allowing the Lieutenant to continue his service in the Navy.
A Navy Lieutenant Junior Grade faced allegations of making false official statements, violating Article 107 of the UCMJ, and substandard performance of duty, prompting a year-long Navy investigation. T...he investigation’s findings led his command to seek his separation from the Navy with an Other Than Honorable Discharge. Initially, the Lieutenant was not eligible for a Board of Inquiry due to his probationary officer status. However, following complaints to the Department of the Navy IG regarding the investigation’s handling, he was granted a Board of Inquiry.
Tim Bilecki, a Hawaii court martial defense attorney, represented the Lieutenant at the Board of Inquiry. Bilecki’s defense strategy involved a detailed examination of the investigative procedures and the evidence gathered against the Lieutenant. He challenged the validity of the allegations and demonstrated the lack of substantiated evidence to support the claims of false statements and substandard performance. Bilecki also highlighted procedural flaws in the investigation and the impact of these flaws on the fairness of the process. Bilecki effectively countered the basis for the proposed separation, persuading the board members to find no grounds for the Lieutenant’s discharge from the Naval Service. The Board of Inquiry unanimously found no basis for separation, allowing the Lieutenant to continue his service in the Navy.
Many months later, during a subsequent trip to Japan, Mr. Bilecki ran into his client, who was still proudly serving in the Navy. We could see the stress had been lifted, and our client was in amazing spirits and advancing in his career. It is interactions like this that make all the long hours and tough litigation worth it.
Military law
Bilecki Wins Limited Clemency for Marines After Guilty Plea in Sexual Assault
Sep 21, 2018
OUTCOME: Bilecki Wins Limited Clemency for Marines After Guilty Plea in Sexual Assault
A Marine Corps Staff Sergeant faced serious charges, including stalking (Article 120a), assault (Article 128), and disorderly conduct (Article 134). After pleading guilty to these charges on the advice... of his free military attorney, the Staff Sergeant sought legal assistance to navigate the post-trial phase. Tim Bilecki, a court martial attorney based in Honolulu, was retained to handle the submission of post-trial clemency matters. Clemency, a form of relief available after a conviction, can result in a reduction of the sentence or other modifications to the punishment.
Bilecki’s involvement aimed to mitigate the consequences of the Staff Sergeant’s guilty plea by advocating for leniency based on various factors, including the Staff Sergeant’s service record, personal circumstances, and the specifics of the case that might warrant a more lenient approach from the reviewing authority.
A Marine Corps Captain accused of illegally selling military property was represented by military defense counsel at Board of Inquiry, which resulted in a recommendation for separation under other than... honorable conditions. After the BOI, the Captain retained an military defense lawyer for UCMJ Article 121 larceny, Tim Bilecki, to appeal the results.
Bilecki’s defense team quickly reviewed the transcripts of the BOI as well as the evidence against our client and put together a strategy to appeal the result. The defense firmly believed that if Bilecki Law Group had been retained prior to the board, the members would have either found no basis or voted for retention.
Attorney Tim Bilecki then conducted extensive research and drafted a letter of deficiency highlighting the legal errors in Board of Inquiry, the highly suspicious nature of the evidence and the arguments that we believe should have been presented at the board.
Military law
Marine Resolved Stalking and Assault Allegations by Wife Without Conviction
Sep 21, 2018
OUTCOME: This strategic move aimed to prevent the preferral of charges, offering the Staff Sergeant an opportunity resolves the case without facing criminal charges, thereby avoiding a conviction.
A Marine Corps Staff Sergeant faced allegations of assault, stalking, and disorderly conduct, charges brought forth by his spouse. These accusations placed him under scrutiny in both military and state... courts, the latter involving a violation of a temporary restraining order (TRO) in Honolulu, Hawaii. Court martial defense attorney Tim Bilecki took on the case and upon investigation, found that the complainant appeared to have motivations to falsify her claims, aiming to secure an upper hand in ongoing family court disputes against the Staff Sergeant.
In response to these findings, Bilecki engaged directly with the senior military prosecutor overseeing the case. Through negotiation, they reached a pre-preferral agreement, a type of plea deal made before formal charges are preferred. Such agreements can be beneficial, especially when secured early in the investigative process, allowing for the use of gathered intelligence to negotiate favorable terms with the prosecution. This strategic move aimed to prevent the preferral of charges, offering the Staff Sergeant an opportunity resolves the case without facing criminal charges, thereby avoiding a conviction.
Military law
Army SSG Fights for His Life After Altercation in Hawaii Bar, Charges Withdrawn
Jun 15, 2018
OUTCOME: Bilecki discussed an alternative resolution with the prosecution and worked out a deal where all charges against our client were withdrawn and dismissed.
An Army Staff Sergeant was arrested for attempted murder by the Honolulu Police Department (HPD) after hitting another Soldier with his car in a Waikiki parking lot. Army Criminal Investigative Divisio...n (CID) took over the case shortly after the HPD dropped its charges against the Staff Sergeant. The CID then charged the Staff Sergeant with aggravated assault with intent to kill or cause grievous bodily harm. To add insult to injury, he was also charged with assault, reckless driving, and destruction of government property. Tim Bilecki, a court martial defense attorney in Hawaii, was retained for the case and immediately began investigating the events leading up to the alleged aggravated assault. Bilecki learned that our client was with his girlfriend at a local Waikiki bar, and while there, he noticed another patron dancing with his girlfriend. Our client quickly intervened to stop them, causing an altercation that ended with the other patron and his friends being escorted out of the bar around 3:30 AM.
Shortly after the altercation inside the bar, the bar closed, and our client and his girlfriend left the premises. When they got outside, the same group was waiting for them, and a member of that group hit our client in the face. Our client and his girlfriend then sought the assistance of the HPD officers patrolling the area, who refused to assist them. Our client then called 911 and reported to the 911 operator that he was being followed by approximately 10 people. This pursuit occurred from the bar all the way to the Fort DeRussy parking lot, where our client and his girlfriend had parked their car.
As our client attempted to pay and leave the parking lot, he was repeatedly punched in the face by the main aggressor through the open car window. With his life threatened, our client backed up his car, put it into drive, and hit the aggressor with his car, damaging a cement potter in the process. The HPD quickly responded to the scene and placed our client in custody for attempted murder.
The HPD eventually dropped the charges, allowing the CID to charge our client in a military court. Attorney Timothy Bilecki represented the accused and began building a case of self-defense.
The 911 audio recordings, along with the video footage from inside the bar and in the parking lot, were obtained and reviewed. The video clearly showed that our client was not the aggressor and was acting in self-defense when he hit the assailant with his car. Furthermore, we learned that our client suffered from a severe traumatic brain injury from a prior motorcycle crash. This traumatic brain injury played a large role in our self-defense case.
An individual is allowed to use deadly force if he is in fear of his own death or of grievous bodily harm. In this case, the punches to the head could have caused significant injury – even death – to our client. This fear of impending death or grievous bodily harm legally gave our client the right to use up to lethal force in self-defense, including using his car to stop the attacker.
Bilecki Law Group also performed a comprehensive background check on the attacker. We learned that at the time of the incident, he was an Army Soldier with outstanding warrants for his arrest and a history of violence. Within weeks of the incident, he was administratively separated from the Army and left the island of Hawaii. He did not show up for trial (as he would have likely been arrested for his outstanding warrants).
On the morning of the trial, Mr. Bilecki discussed an alternative resolution with the prosecution and worked out a deal where all charges against our client were withdrawn and dismissed.
Military law
Female Marine Goes Out with MSgt for Drinks in Uniform, Charges Resolved at NJP
Jun 15, 2018
OUTCOME: Bilecki’s efforts resulted in the charges being withdrawn and dismissed from the Special Court Martial.
A Marine Corps Sergeant faced charges at a Special Court Martial under the Uniform Code of Military Justice (UCMJ) for making a false official statement, fraternization, drinking on duty, and unauthori...zed absence. The situation arose from an incident at Terra Restaurant on Camp Foster, Okinawa, where the female Sergeant was accused of drinking with a Master Sergeant during duty hours while in uniform. This led to an investigation after they reportedly left the restaurant without paying the bill.
Further investigation accused the Sergeant of providing a false official statement about her activities and whereabouts during the time of the incident and failing to report for duty, contributing to the unauthorized absence charge.
In response to these charges, the Sergeant retained Okinawa court martial lawyer Tim Bilecki. Bilecki’s defense strategy not only scrutinized the evidence and procedural integrity of the accusations but also emphasized the comparative culpability of the Master Sergeant involved. Given his senior non-commissioned officer (SNCO) status, his actions were argued to be more culpable, influencing the events that led to the charges against the Sergeant.
Bilecki’s efforts resulted in the charges being withdrawn and dismissed from the Special Court Martial. The case was adjudicated through non-judicial punishment (NJP), focusing on a resolution that circumvented the severe outcomes associated with a court martial conviction.
Military law
Army SGT Caught in Child Sex Sting, Bilecki Negotiates Plea for Lesser Offense
May 11, 2018
OUTCOME: Pre-trial agreement, not guilty of attempted sexual assault of a child, guilty of attempted lewd act of a child, not guilty of possession of child pornography. 12-month confinement cap.
An Army Sergeant was caught in an Air Force "To Catch a Predator" sting operation in Honolulu, Hawaii. In this case, an Air Force Office of Special Investigations (OSI) agent was posting ads online an...d taking on the persona of a 15-year-old boy looking for sex. The Army Sergeant was arrested after arriving at the bait house on Joint Base Pearl Harbor – Hickam, Hawaii.
After being arrested, the case was transferred to the Army Criminal Investigative Division (CID), where a forensic examination of the Sergeant's phone was conducted. The digital forensic examination found child pornography on Sergeant's phone. He was subsequently charged with attempted sexual assault of a child, attempted lewd act on a child, and possession of child pornography.
Tim Bilecki, an established court martial defense attorney in Hawaii, was retained and filed a motion to suppress the suspected child pornography found on our client's phone, which had been obtained without a proper warrant. The military judge granted the suppression motion in full.
Mr. Bilecki then leveraged that suppression motion and obtained a pre-trial agreement for our client. According to the pre-trial agreement, the most serious offenses — attempted sexual assault of a child and possession of child pornography — would be dismissed in exchange for a plea of guilty to the attempted lewd act on a child (sending sexual text messages) with a confinement cap of 12 months.
This pre-trial agreement was accepted, and our client escaped a conviction for the two most serious charges against him.
