Timothy James Bilecki
PRO

Timothy James Bilecki's Legal Cases (89)

Tampa, FL

Military law Lawyer at Tampa, FL

Practice Areas: Military Law

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Military law

United States v. Air Force E-7

N/A

OUTCOME: Retirement Saved

Osan AFB, Korea: Air Force E-7 – June 2011 Charges: Resisting apprehension, Assault on a commissioned officer (x3), Drunk and disorderly conduct. Maximum Sentence: Dishonorable Discharge, 10 ... years and six months in confinement, total forfeitures, reduction to E-1, Federal felony conviction, Loss of military retirement. The allegations in this case surround misconduct on an ITT sponsored wine tasting tour around Korea. Our client, a male Air Force MstSgt with 18 years of service, became heavily intoxicated after drinking too much wine and got into an altercation with two Air Force officers on the bus ride home while suffering from an alcohol induced blackout. Unfortunately for our client, this altercation lead to him punching the chief of justice (female and senior prosecutor at Osan, AFB) in the face, assaulting a registered nurse who was attempting to break up the fight, and then resisting apprehension when OSI agents attempted to arrest him as the bus arrived at Osan, AFB. This was a very difficult case from the onset, beyond the fact that the victim was a female, an officer and the senior prosecutor at Osan, AFB, there were nearly a dozen witnesses who saw the altercation. Even against the odds, we refused to roll over and plea the case. After interviewing all of the witnesses and conducting a thorough Article 32 hearing, the defense learned that the senior prosecutor might have actually started the fight and assaulted our client first, after losing her temper and yelling at our client. This provided not only provided us with a self-defense claim but also a divestiture defense against the senior prosecutor (that she divested herself of her rank because of her actions). To further this defense, we had an expert in pharmacology brought on as a member of the defense team to testify regarding the affects of alcohol in order to negate the specific intent aspects of the charges. This case ultimately went to trial in front of a jury and we utilized the self-defense defense, divestiture and also alleged that the OSI agents used excessive force on our client when arresting him (they broke out his front two teeth). At the end of a week long trial, our client was found not guilty of resisting arrest, not guilty of assault on a commissioned officer (the chief of justice), but guilty to the lesser included offense of assault consummated by battery, drunk and disorderly conduct and the assault on the registered nurse who was attempting to break up the fight. During the sentencing portion of the trial, we assembled extensive materials in extenuation and mitigation in order to save our client’s retirement. The government asked for extensive confinement and a dishonorable discharge. Based on the evidence we put on at trial and the sentencing case, the panel only sentenced our client to a two-grade reduction and 30 days confinement. No punitive discharge was given and our client will be permitted to retire. By trying this case and litigating to mitigate, we were able to save this senior NCO’s retirement, which was calculated to have a value of over one million dollars.

Criminal defense

U.S. v. Army O-3 - Camp Casey, Korea - Sept 2011

N/A

OUTCOME: CLIENT NEVER CHARGED

Charges: Aggravated Assault, Communicating a Threat of Murder Our client was investigated for allegedly hitting his foreign spouse multiple times in the face, legs and hips with both his hands and a ... belt, for failing to provide his spouse with adequate support and then for threatening to kill her if she reported the alleged violence to authorities. We strategically and aggressively fought this case, showing that our client’s wife fabricated the majority of the allegations in order to leverage her husband into providing additional support. We went through the government’s evidence with a fine-toothed comb and picked it apart – exposing all of the deficiencies in the case. After several months of investigation and negotiations, no criminal charges were ever preferred against our client.

Military law

United States v. Marine E-5

N/A

OUTCOME: Favorable Pre-Trial Agreement

Camp Foster, Okinawa, Japan: Marine E-5 – June 2011 Charges: Conspiracy to possess Spice (over one kilo), attempted possession of Spice, false official statement (x3), possession of a Schedule I ... II controlled substance, communication of a threat (x2), adultery, witness intimidation, mail fraud (x2), violation of a general order (Spice), fraternization, Basic Allowance for Housing (BAH) Fraud, obstruction of justice.Unit Maximum Sentence: Dishonorable Discharge, 101 years in confinement, total forfeitures, reduction to E-1, Federal felony drug conviction. In one of the biggest Spice cases in recent memory, our client had the book thrown at him after the Japanese Government intercepted a package in the mail that contained nearly one kilo of spice. This mail interception brought on a nearly one year of investigation into our client and it was alleged that our client was conspiring with his wife to purchase large quantities of Spice from Eastern Europe and ship to the to the United States where it was repackaged and sent to Okinawa for redistribution to Marines. Our client was also charged with possession of steroids which were a Schedule III controlled substance. In addition to the alleged trafficking in Spice, the investigation further uncovered that our client may have been responsible for nearly $10,000 of BAH fraud. Once the case was under investigation, our client allegedly made numerous threats to government witnesses, including a threat to allegedly kill his wife if she testified against him. Before charges were preferred, our client also got his junior enlisted girlfriend (not his wife) pregnant which led to the fraternization and adultery charges. In all, the government built an incredibly solid case against this Marine on numerous grounds, including the drug trafficking, BAH fraud, terroristic threatening, witness intimidation and military specific crimes and was looking for double digit confinement time and a dishonorable discharge. Given the gravity of the offense and the evidence against the client, including a confession, this was not unrealistic. We fought this case hard, preparing for what would likely be a multi-week long contested jury trial. Due in part to our aggressive posture and some seriously tough in-person negotiations between Mr. Bilecki and the prosecutors, we were able to obtain an incredibly favorable pre-trial agreement in which our client would only plead guilty to the military specific offenses in exchange for a maximum sentence of 10 months confinement and all other charges were withdrawn and dismissed. At the sentencing hearing, the military judge handed down a 24 month sentence – which was dropped to 10 months because of the deal we had in place – and specifically commented on how good of a deal we brokered for our client.

Military law

United States v. Army E-6

N/A

OUTCOME: Client not charged at CM

Camp Casey, Korea: Army E-6 - July 2011 Charges: Kidnapping, Assault consummated by battery, communicating a threat Maximum Sentence: Dishonorable Discharge, life in confinement, total forfeitures, ... reduction to E-1, Federal felony conviction. Mr. Bilecki was retained on this case after an in person meeting with the client in Seoul, Korea and after the client was being investigated for kidnapping, assault, and communicating a threat. Our client was arrested in the Dragon Hill Lodge in Seoul, Korea after allegedly severely assaulting his wife, threatening her and holding her against her will. A majority of the scene was caught on security camera video from inside the Dragon Hill Lodge and after the incident, our client’s wife made a damming statement against him. Immediately upon being retained, we utilized the skills of our in house paralegal, Darron Ridder, who was formerly a senior paralegal in Korea’s Area I, to fully investigate the case and work with decision makers in an attempt to keep these allegations from going to Court Martial. We knew this would be a difficult task as this misconduct had already made its way to the 2nd Infantry Division Commanding General for his action. While in Korea, Mr. Bilecki worked directly with the client and his wife (the alleged victim) in order to help repair the relationship and keep these charges from going to a court martial. Due in part to the on the ground investigation that was conducted and our firm’s knowledge of the Army in Korea, we were able to keep these serious charges at the Article 15 level. This case was a prime example of how and why it can be extremely beneficial to retain a civilian military lawyer before you get charged, specifically a military lawyer who knows the area in which you are stationed.

Military law

United States v. Army E-8

N/A

OUTCOME: No Federal Conviction

Schofield Barracks, Hawaii: Army E-8 – July 2011 Maximum Sentence: Dishonorable Discharge, 15 years in confinement, total forfeitures, reduction to E-1, Federal felony conviction, loss of military ... retirement. Charges: False Official Statement (x2), Obstruction of Justice The Bilecki Law Group was retained to represent this retirement eligible Army Master Sergeant who was accused of falsifying NCOER’s then later destroying his government hard drive in order to get rid of evidence before charges were ever preferred against him. When we were brought onboard, this case was in the initial investigative stage. Attorney Kiley Hyatt of our office took the lead role and worked with the client and investigating officer to get our client’s side of the story across in an attempt to avert a general court martial. After the initial investigation was concluded, Mrs. Hyatt brokered a deal with the prosecutor so this case could be adjudicated at the Summary Court Martial level and our client would not have to enter into a guilty plea. Mrs. Hyatt represented the client at what became a fully litigated summary court martial that lasted 11 hours. After this 11 hour hearing, our client was found Not Guilty of obstruction of justice and only guilty to one false official statement. The Summary Court Martial officer only sentenced the client to a one grade reduction. He has since submitted his retirement paperwork and will receive his full retirement benefits. Because this was kept at the Summary Court Martial level, our client has no federal conviction on his record.

Criminal defense

US v. Army O-4 - Nov 2011

N/A

OUTCOME: Charges Dropped

Charges: Inhaling Nitrous Oxide and other general anesthetics while on duty The Bilecki Law Group was retained after our client, a surgeon, was investigated for using nitrous oxide and other general ... anesthetics while on duty. The nature of this allegation was incredibly serious, as a charge for wrongful use of a controlled substance could have potentially cost this physician his medical license. After conducting our own investigation, we responded to the initial AR 15-6 investigation with a lengthy memorandum that exposed a culture of substance abuse among surgical residence at TAMC and explained our client’s position with regard to the alleged substance abuse. The AR 15-6 Officer then drafted her finding and basically disregarded our initial memorandum. We then filed a rebuttal to the AR 15-6 that encompassed nearly 150 pages of documents supporting our position again exposing a culture of substance abuse at TAMC. Based on our rebuttal and aggressive posture, our client was not charged at a court martial but rather given a General Officer Article 15. Never relenting, we met with the CG in person at the Article 15 and advocated for our client. Based on our meeting with the CG, the Article 15 was suspended and an investigation was launched into other individuals at TAMC. Months after this subsequent investigation, the Article 15 was dropped and our client was given a local letter of reprimand and he is still practicing medicine.

Criminal defense

U.S. v. Marine E-4 – Kaneohe Bay, Hawaii - October 2011

N/A

OUTCOME: NOT GUILTY

Shaken/Brain damaged baby case with FULL ACQUITTAL on those charges (with multiple admissions). In one of our more complex cases, our client was initially suspected of attempted murder (that was also ... the recommendation of the Article 32 Officer) of his 12 month baby and charged with multiple charges and specification of assault on his child, inflicting serious bodily harm, child abuse and child neglect. Based on the original charges, if convicted, our client would have likely spent the better part of his life in prison. In addition to the charges against his infant daughter and before we were retained on the case, our client escaped from prison (pre-trial confinement). After being retained on the case, we immediately began assembling our dream team to take these charges head on and get our client acquitted. This dream team consisted of Mr. Tim Bilecki as lead counsel, Mrs. Kiley Hyatt (attorney and Of Counsel to the BLG), Mr. Ridder (investigator), Dr. Gregory Yim (one of America’s leading Pediatric Neurologists), and Mr. William Oettinger (computer forensic expert). We immediately conducted our own investigation of the case and targeted the mother of the child as the individual who actually harmed the baby. Based on our theory, we dug into her life and learned that she the baby had numerous other “accidents” while in her care, that the baby took serious another “fall” and head trauma after our client was in pre-trial confinement, that she would often have more liquor and cigarettes in the house then baby food, and had conducted numerous incriminating searches on her computer (which were found by our computer forensic expert). Mr. Bilecki then worked extensively with Dr. Yim to gain a full understanding of the complex and numerous CT scans, MRI images and over 1000 pages of medical evidence in this case. Based on an intensive review of the medical records and the expert testimony of one of America’s leading Pediatric Neurologists, we were able to prove that the injuries must have occurred when the mother was with the baby and our client was at PT. We also showed that our client’s explanation in his “confession” was medically impossible. Armed with this information, we took this case head on at trial and went after the mother. In what was a week long trial that took almost a year to get to court, Mr. Bilecki conducted a scathing cross-examination of the victim’s mother (the wife of our client), exposing her as a liar, a bad mother and the likely perpetrator of the crime. We also called our computer forensic expert as a witness to show the inculpatory searches and Internet history of the mother, which validated our case theory. The icing was put on the cake when Dr. Yim testified and placed the timeframe of the injuries when only the mother was with the child. After taking nearly a year to get to trial, one week in trial, thousands of pages of discovery, our client was found Not Guilty of all of the assault charges in less than an hour. Our client was convicted of the escape from prison, a charge we essentially conceded.

Criminal defense

U.S. v. Marine E-4 - MCAS Iwakuni, Japan - Oct 2011

N/A

OUTCOME: NOT GUILTY

Charges: Sexual Assault, Adultery, Communicating a Threat Our client, a Marine at MCAS Iwakuni was charged with multiple specification of sexual assault, communicating a threat, adultery, false offi ... cial statement, and violation of a lawful order for patronizing an off limits establishment. After the alleged sexual assault, NCIS agents tricked the accused into drafting an “apology letter” to the “victim” with the belief that an apology letter would keep him from getting charged. After writing the apology letter, it was turned over to the prosecutors and used against him as an admission. Court martial charges followed. We conducted our own investigation and learned that the “victim” in this case was a liar and mentally unstable. We took an aggressive stance, fully litigated the Article 32 hearing, exposing her as a deceptive liar with a motive to fabricate the allegations. After the Article 32, the “victim” backed down and no longer wanted to go forward with the case. After the Article 32, the charges were dropped to a Summary Court Martial. Mr. Hyatt flew to MCAS Iwakuni to represent the client at the Summary Court-Martial where he was found NOT GUILTY of all sexual assault charges. He was found guilty of adultery and the violation of the lawful order but only sentenced to a reduction in rank.

Criminal defense

U.S. v. Army E-7 - Schofield Barracks, Hawaii - October 2011

N/A

OUTCOME: CLIENT NEVER CHARGED

Charges: False Official Statement, Destruction of Property, Conspiracy to Commit Insurance Fraud Our client was a military police officer who retained us during his AR 15-6 investigation for conspir ... acy to commit insurance fraud. The government alleged that he conspired with other NCO’s to purposely damage a vehicle in order to get insurance money. After the investigation, the command wanted to take our client to a court marital, even though it would be extremely difficult for the government to prove our client committed any misconduct. We took an aggressive posture in our negotiations and emphasized that if our client received an Article 15, we would turn it down and fight it at trial, and if charges were preferred against our client, we would try the case to verdict. The government relented; they did not want to battle us in court so no charges were brought against our client. The command instead gave him a letter of reprimand.

Criminal defense

U.S. v. Marine E-3 - Camp Foster, Okinawa, Japan - Sept 2011

N/A

OUTCOME: CHARGES DROPPED

Charges: Possession of Spice, Possession of an illegal knife. Client was caught off base by the Japanese Police with a knife and a baggie of Spice. He was arrested and turned over to his command, w ... hich preferred charges against him for possession of Spice. Because there was no admissions made by the client, and because no testing of the Spice was conducted, we demanded a fully litigated trial. Not wanting to take the case to trial against us without the proper evidence, the government dropped the criminal charges. RESULT: ALL CHARGES DROPPED IN SPICE CASE

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