Attorney Matthew T. Smith's Legal Cases

Military law

U.S. v. Sgt A.R. (administrative separation)

Jan 07, 2019

OUTCOME: Panel found no basis to believe the misconduct occurred. Client retained in Marine Corps.

Marine Sergeant accused of sexually assaulting his wife four during their approximately seven year marriage. She makes the allegations just days after he tells her he wants a divorce. Due to the weakne ... sses in the case, the command opted to take the case to an administrative separation hearing rather than a court-martial, trying to take advantage of the lower burden of proof requirement. Matthew Smith and co-counsel vigorously defended Sgt R.

Military law

U.S. v. TSGT J.C. (administrative separation)

Dec 01, 2018

OUTCOME: Charges withdrawn and dismissed. Client returned to full duty in the Air Force

Air Force client was accused of participating in conspiracy to defraud Tricare after receiving a shipment of topical, compound pain ointment. Matthew T. Smith Law proved client was an unknowing recipie ... nt of the cream and that the command lacked jurisdiction to administratively separate the client even if the allegations were true.

Military law

U.S. Airman First Class B.D.S.

Aug 03, 2018

OUTCOME: Acquittal on all contested charges

A1C Smith was charged with four specifications of Article 120 for sexual assault and abusive sexual contact, two specifications of Article 128 assault, one specification of violating a restraining orde ... r, and one specification of obstruction of justice. The strategic decision was made to plead guilty to all charges except the Article 120 sexual assault and abusive sexual contact charges. The four Article 120 specifications were fully litigated at trial and an acquittal on those specifications was obtained meaning A1C B.D.S. avoided sexual offender registration

Military law

United States v. Private First Class H.A.

N/A

OUTCOME: Full acquittal

PFC H.A. was accused of rape by force (Article 120) against a female Marine in living in the same barracks. A few weeks before trial, prosecution provided an audio recording of the alleged assault that ... was found on the complaining witness's cell phone. While the prosecution and defense interpreted the contents of the recording differently, the defense was able to successfully argue that the prolonged interaction between the defendant and complaining witness on the recording as well as their interaction immediately after sex as well as continued interactions in the following days showed that this was a consensual act.

Criminal defense

United States v. Corporal N.S.

N/A

OUTCOME: Conviction with sentence to three months confinement (time-served) and no punitive discharge.

Marine Corporal charged with aggravated assault with a dangerous weapon after he cut the neck of a Navy Corpsman in the barracks during some drunken horseplay. Initial prosecutor suggested a pretrial a ... greement for eight months confinement with no punitive discharge protection. This agreement was not accepted and defense demanded trial.

Matthew T. Smith's Legal Cases (5)

U.S. v. Sgt A.R. (administrative separation)

U.S. v. TSGT J.C. (administrative separation)

U.S. Airman First Class B.D.S.

United States v. Private First Class H.A.

United States v. Corporal N.S.