Attorney Timothy James Bilecki's Legal Cases

Military law

United States v. E-5

N/A

OUTCOME: All Charges Dismissed

Schofield Barracks, Hawaii: E-5 – January 2011 Charges: Maltreatment, Wrongful Sexual Contact x2, Assault x2, Housebreaking Maximum Sentence: DD, 8 years and 6 months confinement, total forfeitur ... e, reduction to E-1, Federal felony conviction, sex offender registration Our client was charged with breaking into a junior enlisted Soldier’s on-post quarters and touching her sexually against her will after allegedly sexually harassing her in the past. The government also charged our client with wrongful sexual contact with an unrelated junior enlisted Soldier, thus giving the case two separate “victims” at fairly unrelated events. When the Soldier retained The Bilecki Law Group, he had already entered into a guilty plea but was looking for other options. We conducted a thorough review of the case and backed out of the guilty plea. For the next three months, we fought the government until we were able to get a Chapter 10 (Separation in Lieu of Court-Martial) approved for our client. After the Chapter 10 was approved, all charges were dismissed. Based on a prior honorable enlistment, our client was also able to maintain his eligibility for the Post-9/11 GI Bill.

Military law

United States v. E-5

N/A

OUTCOME: Charges Not Preferred

Camp Casey, Korea: E5 – January 2011 Charges: Aggravated Sexual Assault Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender reg ... istration The client was accused of rape by a Filipina juicy girl in “The Ville” outside of Camp Casey. After a night of partying and drinking, our client and the girl allegedly went to a hotel and had sexual intercourse. However, when the girl’s fiancé (who was a Soldier stationed in the States) found out, a rape claim was made. The Bilecki Law Group was retained during the initial investigation with the goal of keeping the charges from being preferred against the client. Immediately after being retained, we began our independent investigation and learned that the purported victim had, after the alleged incident, moved to the US on a fiancé visa and would have had an extremely difficult time re-entering Korea to testify at trial. Working with the Special Victim Prosecutor, we leveraged this information as well as the obvious motive to fabricate evidence. After intense negotiations, no charges were preferred against our client.

Military law

United States v. E-4

N/A

OUTCOME: No Jail Time

Hickam AFB, Honolulu, Hawaii: E-4 – January 2010 Charges: Use of Methamphetamines Maximum Sentence: DD, 5 years confinement, total forfeiture, reduction to E-1, Federal felony drug conviction ... After our client’s house was searched by military and local law enforcement in a drug-suppression operation, he was initially facing multiple specifications of possession of methamphetamines and possession with the intent to distribute methamphetamines. After being retained, we combed through the investigation and learned that law enforcement agents had blatantly violated our client’s Constitutional rights and lost portions of the videotaped confession. We utilized the shady tactics of the law enforcement agents to eliminate all of the possession and distribution charges against our client. The only remaining charge was based on the use of methamphetamines. We put together a compelling extenuation and mitigation case and were able to get that charge dismissed via a Chapter 4 administrative discharge. As a result, the client received no drug conviction and no jail time.

Military law

United States v. E-5

N/A

OUTCOME: Full Acquittal

Kadena AFB, Okinawa, Japan: E-5 – December 2010 Charges: Distribution of “Spice,” Use of “Spice,” Possession of “Spice,” Obstruction of Justice x2 Maximum Sentence: DD, 31 years confinement, tota ... l forfeiture, reduction to E-1, Federal felony drug conviction Full Acquittal in a “Spice” case. Our client was a Security Forces Officer who allegedly partook in “smoke rides,” in which multiple Security Forces Officers drove around the flight line and on base in their patrol cars, smoking Spice with all the windows rolled up. Our client was also alleged to have been using and selling Spice while on duty as a Security Forces Officer. With the assistance of civilian counsel Brian Bouffard and military counsel Captain Reinholz, we demanded a fully contested trial. Although facing a mountain of damning evidence and statements from co-accused, we were able to put the Commanding General on the witness stand and cross-examine him on the legality of his order prohibiting Spice for Airmen worldwide. We demanded that the government prove, chemically and forensically, that the substance alleged to be Spice was actually Spice. Even with the testimony of co-conspirators, this was a bridge too far for the government to cross, and our client received a full acquittal, being found not guilty of all charges and specifications. We also succeeded in getting the Air Force Instruction (signed by the 3-star and applicable worldwide) declared unlawful.

Military law

United States v. E-6

N/A

OUTCOME: All Charges Dismissed

Schofield Barracks, Hawaii: E-6 – December 2010 Charges: Rape, Aggravated Sexual Assault, Assault Consummated by Battery Maximum Sentence: DD, life in confinement, total forfeiture, reduction to ... E-1, Federal felony conviction, sex offender registration Weeks before his ETS date, our client was charged with rape, aggravated sexual assault, and assault of multiple victims, charges which reached back three years. Immediately upon being retained, we began investigating the case to uncover inconsistencies in the alleged victims’ stories and their possible motives to fabricate evidence. Our client’s main goal was to avoid a conviction at all costs and, if possible, to preserve his Post-9/11 GI Bill. We worked directly with the Special Victim Prosecutor in this case and were able to get a Chapter 10 (Separation in Lieu of Court-Martial) approved, protecting the client from any conviction and allowing him to utilize his GI Bill (based on a prior Honorable Discharge). After the Chapter 10 was approved, all charges were dismissed.

Military law

United States v. E-4

N/A

OUTCOME: Honorably Discharged

Luke AFB, Phoenix, AZ: E-4 – December 2010 Charges: Use of Amphetamines, Use of Methamphetamines, Use of Oxymorphone, Bribery Maximum Sentence: DD, 20 years confinement, total forfeiture, reducti ... on to E-1, Federal felony drug conviction The client was charged with wrongful use of Amphetamines, Methamphetamines, and Oxymorphone. He had tested positive for Amphetamines and was given a subsequent urinalysis. At the second urinalysis, it was alleged that the Airman spilled urine from a foreign clean sample all over his uniform while trying to provide a sample, turned to the observer, and offered him $500 dollars for not reporting what he had seen. The Airman also allegedly made statements that he was “caught” and did not want to go to Fort Leavenworth. The Bilecki Law Group was retained for the subsequent court-martial, and we enlisted the support of our own forensic toxicologist to independently verify the results of the drug test. Based on our review of the evidence and taking into account the recent rulings in Blazier and Blazier II, we set the case for a contested trial. The day before the trial, due to evidence and the witnesses brought forward by the government, the defense changed its plea and entered into a “naked plea” in which the defense pled guilty without a pre-trial agreement in place. The goal in this case was to preserve the client’s GI Bill, which would require that the military judge not give the Airman a Bad Conduct Discharge. We put on a compelling case in mitigation and extenuation, and the client was not given a BCD. Instead, our client was honorably discharged (the trial was held after his ETS/EAS date), and he still has full access to his Post-9/11 GI Bill.

Military law

United States v. E-3

N/A

OUTCOME: All Charges Dismissed

Charges: Possession of Child Pornography, Sending Obscene Material to a Minor, Indecent Conduct Maximum Sentence: DD, 35 years confinement, total forfeiture, reduction to E-1, Federal felony convict ... ion, sex offender registration Our client was charged with taking photographs of his girlfriend (who was a minor) and sending those pictures via the Internet and SMS to others. The Bilecki Law Group was brought in to represent this Marine nearly six months before charges were ever preferred. During those six months, we conducted an exhaustive investigation of the facts and consulted with our own computer forensic experts from Cyber Agents, Inc. We built a case based on a sloppy law-enforcement investigation, an incomplete and inaccurate computer forensic investigation, and a reasonable mistake of fact regarding the age of the Marine’s girlfriend. When the case was set for an Article 32, we traveled to Okinawa and treated the 32 as a mini-trial, grilling the law enforcement agents and computer forensic investigators on the stand over their careless investigation. After the completion of the Article 32 hearing, the government dismissed all charges against our client, who is still serving in the United States Marine Corps.

Military law

United States v. E-6

N/A

OUTCOME: All Charges Dismissed

Schofield Barracks, Hawaii: E-6 – November 2010 Charges: AWOL, Unlawful Possession of Firearm, Possession of Drug Paraphernalia, Use of Methamphetamines x2, Drunk on Duty, Violation of a Lawful Orde ... r x2 Maximum Sentence: DD, 16 years and 10 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction Our client, a Soldier, was arrested by military law enforcement in a sting operation for possession of methamphetamines and unlawfully possessing a firearm that was not registered to him. Prior to this arrest, our client had also had two separate drug hots for Methamphetamines, was allegedly found drunk on duty, and had been AWOL. We began our representation by immediately ensuring that the client did not make any incriminating statements to law enforcement agents. His command placed him in pre-trial confinement and preferred a lengthy charge sheet against him. Knowing that going to trial would only lead to a federal drug conviction and significant confinement time, we immediately worked with the prosecutor in this case and negotiated a deal for a Chapter 10 (Separation in Lieu of Court-Martial). After the Chapter 10 was approved, all charges were dismissed.

Military law

United States v. E-3

N/A

OUTCOME: All Charges Dismissed

MCAS Iwakuni, Japan: E-3 – February 2011 Charges: Aggravated Sexual Assault Maximum Sentence: DD, 30 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender ... registration Our client, a Marine, met a girl at the Enlisted Club on base, drank with her, and brought her back to the barracks (at her request). The girl then left his barracks room, returned wearing much more suggestive clothing, and asked the other Marine in the room to leave. She and our client had consensual sexual intercourse, and, halfway through the act, the girl asked our client to use a condom, which he did. The following morning, they snuggled, kissed, and had breakfast together. She later reported the incident as rape. We were retained immediately after the rape allegation but well before actual charges were brought against the Marine. This allowed us time to conduct a thorough investigation into the case to discover the motive. Our investigation revealed that the “victim” had just broken up with her boyfriend (who had been engaged to another woman) and was essentially looking for, in our opinion, breakup sex. During the sexual act with our client, she was likely impregnated. After learning this, we concluded that she had demanded financial compensation from her ex-boyfriend (now engaged to another woman) who would not give her the time of day, and explained that it could not be his child because he was sterile. The “victim” then went after our client, had an abortion then claimed rape. We traveled to Iwakuni, Japan and aggressively litigated these issues at the Article 32 hearing. We also conducted a devastating cross-examination of the “victim.” After the hearing, all charges against our client were dismissed.

Military law

United States v. E-5

N/A

OUTCOME: Charges Not Preferred

Camp Humphreys, Korea, Japan: E-5 – October 2010 Charges: Rape Maximum Sentence: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration ... Our client was accused of raping a fellow Soldier in Korea. We were retained on this case immediately after the rape allegation was made, with the goal of keeping the charges from ever being preferred. With the assistance of military counsel CPT Onyango, we launched our investigation into the alleged rape. We discovered that our client had been drinking shots and tequila in “The Ville” outside of Camp Humphreys with another female Soldier. After drinking, the female Soldier invited our client to her room for sex. Because she initiated the intercourse, we considered the rape allegation a case of “buyer’s remorse” and began working with the Special Victim Prosecutor to keep the charges from being preferred against the client. After lengthy negotiations with the government, no charges were preferred against our client.

Timothy James Bilecki's Legal Cases (89)

United States v. E-5

United States v. E-5

United States v. E-4

United States v. E-5

United States v. E-6

United States v. E-4

United States v. E-3

United States v. E-6

United States v. E-3

United States v. E-5