Bilecki Rebuts Charges Against Army LT for Using Racial Epithet
May 10, 2024
OUTCOME: Bilecki Rebuts Charges Against Army LT for Using Racial Epithet
An Army Lieutenant stationed in Okinawa faced an allegation under Article 133 of the UCMJ for using a racial epithet towards a local national security officer at Kadena Air Base, resulting in the withh...olding of his promotion. Civilian defense counsel Tim Bilecki represented the Lieutenant and crafted and submitted a Promotion Review Board rebuttal.
The rebuttal directly contested the allegation, highlighting the Lieutenant’s adherence to military standards and professional conduct. The rebuttal was successful, clearing the Lieutenant’s name and restoring his path to promotion, emphasizing his commitment to the values and duties of military service.
Military law
No Adverse Action Taken for Army CPT in Sex Assault Case After Robust Defense
May 10, 2024
OUTCOME: No Adverse Action Taken for Army CPT in Sex Assault Case After Robust Defense
There exists the reasonable expectation that every officer be able to always present themselves as a gentleman, but we know deep down in our hearts that this is not altogether true. Life is messy, and ...so are relationships. The brass on your uniform does very little to change that. This is the case of an Army Captain who was falsely accused of sexual assault under Article 120 of the UCMJ and domestic violence under Article 128 of the UCMJ.
This Captain saved his career because he invoked his rights early in the process once the accusations had been leveled, retaining court martial attorney Timothy Bilecki. This is important because Bilecki’s defense team was able to guide the Officer through the extensive command and the CID investigation, utilizing our vast years of experience in the military justice system. One slip-up on his part and military prosecutors would have smelled blood in the water. Like sharks, they would have devoured an honorable Officer while just calling it lunch.
Bilecki gathered critical evidence that military prosecutors wouldn’t take the time to collect and interviewed witnesses for the purpose of discovering the truth. In our experience, if you told a military prosecutor that evidence that the man they are prosecuting is innocently rested behind the door in front of them, they’d sit down and smoke a cigarette until the court martial is over.
After extensive conversations with the Office of the Staff Judge Advocate (SJA) and considering our investigation, charges were not even preferred on the Captain, who was on the precipice of having his life destroyed. This is remarkable because the UCMJ would have wrecked this man’s life if he didn’t fight back. Now, he’s where he should be, and that is in the fight for this nation’s security. Justice was served, truth reigned supreme, and this nation is safer because of that fact.
Military law
Defense Brings In Evidence the Prosecution Can’t Ignore, No Charges Preferred
May 03, 2024
OUTCOME: So much so that when presented to military prosecutors, no charges were preferred against the Marine and allowed him to continue his career without impediment.
Patterns of behavior are often hard to ignore, and yet, when a pattern of behavior damages the military prosecution’s case, they will ignore it all the livelong day. Such was the case for a Marine stat...ioned at Camp Pendleton until veteran court martial defense attorney Tim Bilecki got involved. The Marine was resourceful, and upon hearing the allegations and knowing they were false, he got experienced counsel from across the country involved early.
Through Bilecki’s thorough investigation, they were able to discover the pattern of behavior and bring it into the light. So much so that when presented to military prosecutors, no charges were preferred against the Marine and allowed him to continue his career without impediment. The Marine had been falsely accused, and though the prosecution would have liked to never have seen the evidence, Bilecki put it forward in a manner that even they couldn’t ignore.
This quick win highlights the importance of getting competent representation involved early in the process. Military prosecutors are always on the hunt for a quick win, and when they see Bilecki involved, they know they have a fight on their hands. In many cases, military prosecutors determine that pursuing the case is just not worth it.
Don’t wait until the court martial. Don’t wait until charges are preferred. Don’t wait because you can be damn well certain the prosecution is seeking to take everything from you, and they started yesterday. This is particularly true when the charges revolve around sexual misconduct. You need to get ready for a fight, and getting Bilecki into that fight early saved this Marine’s career.
Military law
Navy NCO Faces Sex Assault After Drinking with Female Friend, Pleads to LIO
May 03, 2024
OUTCOME: This strategic decision resulted in the withdrawal and dismissal of the more severe abusive sexual contact charges.
A Navy Petty Officer Second Class, while stationed in Japan, faced allegations of abusive sexual contact with a fellow E-5 during a port call in the Pacific. The incident allegedly occurred after both ...Sailors, who claimed to be “just friends,” spent an evening drinking, bar hopping, and sightseeing together. They subsequently shared a hotel room where the alleged incident took place. The female sailor later reported to NCIS that she was too intoxicated to consent, prompting an investigation.
The male Sailor, upon interrogation by NCIS, inadvertently made incriminating statements without invoking his rights, leading to charges being preferred for a general court martial. Recognizing the gravity of the situation, particularly the potential for sex offender registration, he retained Tim Bilecki, a seasoned Article 120 UCMJ sexual assault defense attorney.
Despite aggressive defense efforts at the Article 32 hearing, the case was referred to trial. Faced with the risk of severe repercussions, the defense negotiated a pre-trial agreement. Under this agreement, the Petty Officer pleaded guilty to a lesser included offense of Assault Consummated by Battery under Article 128, UCMJ. This strategic decision resulted in the withdrawal and dismissal of the more severe abusive sexual contact charges.
Military law
Army Major Faces False Sex Harassment Allegations, Bilecki Exposes Lie
May 03, 2024
OUTCOME: Army Major Faces False Sex Harassment Allegations, Bilecki Exposes Lie
An Army Major stationed at Tripler Army Medical Center, Hawaii, was subjected to an AR 15-6 investigation following allegations of sexual harassment within the workplace. Upon learning of the investiga...tion, the Major retained Tim Bilecki, a renowned defense attorney specializing in Article 134 UCMJ sexual harassment cases.
Bilecki’s law firm undertook a comprehensive approach to the defense, initiating a series of extensive interviews to uncover the truth behind the allegations. It became apparent that the Major was not involved in any form of sexual harassment. Instead, the investigation revealed that he was being unfairly targeted by other providers at Tripler Army Medical Center (TAMC) due to dissatisfaction and workplace politics.
The defense team’s cooperation with the AR 15-6 investigating officer was thorough, including the provision of multiple statements and the submission of nearly 30 pages of detailed rebuttal matters. These documents meticulously addressed each allegation and presented a robust case for the Major’s innocence. Bilecki’s strategic defense emphasized the absence of misconduct on the part of the Major, challenging the basis of the allegations.
The Major’s interview, conducted in the presence of Tim Bilecki, was pivotal in presenting his side of the story comprehensively and convincingly. The defense’s diligent efforts in collaborating with the investigation and presenting a well-founded defense ultimately led to the Major’s full exoneration from any alleged wrongdoing.
Military law
No Court Martial for Army CPT Accused of Theft of Government Funds in Hawaii
May 03, 2024
OUTCOME: As a result of these findings, no court martial charges were preferred against the Captain, and he did not face any adverse administrative action.
An Army Captain stationed at Ft. Shafter found himself embroiled in an investigation for alleged theft of government funds, specifically concerning fraudulent Defense Travel System (DTS) claims. Recogn...izing the severity of the accusations, the Captain engaged the services of court martial lawyer Tim Bilecki. Bilecki’s team conducted a detailed investigation into the claims. This thorough inquiry revealed that the DTS claims made by the Captain were, in fact, valid, and he was rightfully entitled to all claims submitted. As a result of these findings, no court martial charges were preferred against the Captain, and he did not face any adverse administrative action. However, the Captain was titled by the Army Criminal Investigation Division (CID), and efforts were made by Bilecki’s office to challenge and remove this titling decision. While the attempt to overturn the titling was unsuccessful, the Captain’s military career remained intact, free from any criminal charges or adverse administrative repercussions.
Military law
Bilecki Negotiates Pre-Trial Agreement for Soldier Entangled in Multiple Charges
May 03, 2024
OUTCOME: Bilecki Negotiates Pre-Trial Agreement for Soldier Entangled in Multiple Charges
An Army Private E-2 at Schofield Barracks faced court martial charges, including:
- AWOL (UCMJ Article 86),
- Disobeying an Officer (UCMJ Article 90),
- Drunk on Duty (UCMJ Article 112), and
...
- Malingering (UMCJ Article 115).
Complicating matters further were allegations of domestic violence by his wife.
The Soldier engaged a Hawaii court martial lawyer Timothy Bilecki to defend him. Through meticulous investigation and advocacy, the legal team was able to demonstrate that the accusations of malingering and domestic violence were unfounded. With these allegations discredited, the focus shifted to negotiating a pretrial agreement. The result was a Chapter 10 discharge, an administrative solution allowing for the withdrawal and dismissal of all charges in exchange for the Soldier’s separation from the Army.
Military law
Airman Steals from Commander, Found Having Drugs, Bilecki Handles Plea Agreement
May 03, 2024
OUTCOME: The strategic approach and negotiations led to a resolution where the Airman was found not guilty of all charges except for one specification of larceny.
An Airman First Class at Beale Air Force Base, fresh out of confinement from a prior court martial conviction for larceny, found himself in another legal predicament just days prior to completing his E...nlisted Term of Service (ETS). In an act of retribution against his former commander, he broke into the commander’s office, stealing a variety of items including PCS awards, flight helmet, paintings, vacuum cleaners, and other memorabilia. The theft was quickly discovered when the Colonel found his office ransacked and items missing, prompting an immediate investigation by the Office of Special Investigations (OSI).
Utilizing CCTV footage outside the building, OSI agents observed the Airman loading the stolen items into his car, making multiple trips, which led them to a storage locker off base. Upon securing a search warrant, law enforcement found not only the stolen military property but also marijuana in the locker. The Airman was taken into custody and confessed to the crimes.
Facing charges of larceny under Article 121, UCMJ, and possession of a controlled substance under Article 112a, UCMJ, at his second general court martial, the Airman enlisted the defense of Tim Bilecki. Bilecki, recognizing the overwhelming evidence and the government’s intent to secure significant confinement due to the personal nature of the stolen items and it being the Airman’s second offense, initiated a rigorous defense strategy.
Challenging the search authorization and leveraging potential suppression issues, Bilecki negotiated a pre-trial plea agreement. The strategic approach and negotiations led to a resolution where the Airman was found not guilty of all charges except for one specification of larceny. Based on the plea agreement, the Airman received a punitive discharge and time served.
This case underscores the importance of a diligent defense strategy in military justice proceedings. Through skillful negotiation and an understanding of the legal system, it’s possible to achieve outcomes that preserve the futures of service members, even in the face of substantial evidence and potential for severe penalties.
Military law
Allegations of Sending Nudes Against Army Lieutenant Colonel Found Unfounded
May 03, 2024
OUTCOME: The investigation concluded as unfounded following the intervention of Bilecki’s law firm, ensuring no further legal or administrative actions were taken against the Lieutenant Colonel.
An Army Lieutenant Colonel based at Fort Shafter, Hawaii, faced allegations of sending nude pictures to a friend’s wife under UCMJ Article 134. The Lieutenant Colonel maintained that these accusations ...were false, stemming from jealousy, and firmly asserted that he had never sent such pictures.
After facing these serious allegations, the Officer retained military defense attorney Tim Bilecki . Bilecki’s involvement was key in thoroughly investigating the claims and advocating on the Lieutenant Colonel’s behalf.
The investigation concluded as unfounded following the intervention of Bilecki’s law firm, ensuring no further legal or administrative actions were taken against the Lieutenant Colonel.
Military law
Bilecki Defends Army Cadet Before West Point Panel, Gets Acquittal
May 03, 2024
OUTCOME: After a week-long trial, the panel found our client not guilty of all charges and specifications.
An Army Cadet at West Point was charged in a general court martial with sexual contact, indecent exposure, and assault. After the preferral of charges, the Cadet retained Tim Bilecki’s law firm, which ...investigated the case and built a defense. We contested the Article 32 hearing and filed extensive pre-trial motions in preparation for trial, including an extensive motion alleging unlawful command influence from the Commandant of West Point. After rejecting numerous plea agreements, the case was tried before a panel of officers and enlisted personnel at West Point, New York, where we presented a defense of consent and mistake of fact as to consent. After a week-long trial, the panel found our client not guilty of all charges and specifications.
