Legal Question in Military Law in New York

The key point in your inquiry is that your brother is apparently uncertain about his legal representation. This is a serious situation requiring an experienced military justice attorney. He has a great deal at stake given the severity of the allegations and his 10 years in uniform. You are welcome to call me for a no-obligation discussion regarding this matter. I am not suggesting that his military attorney is giving bad advice, but you certainly don't want any nagging uncertainty in a situation such as this.

S. Scot Sikes

Law Offices of Scot Sikes

Columbus, GA

(706) 494-6900

[email protected]

If he did not intentionally harm his child, he should not plead guilty to any such assault charge. If he enters a plea of guilty, he would have to admit that he intended to injure his child, that it was not an accident and that there was no defense. I don't know exactly what he is being charged with or what the offered bargain would be if he enters a plea of guilty, but such a plea would undoubtedly be a felony which would be on his record for the rest of his life.

I do not mean to criticize the military lawyer because I do not have all the informaiton he does, but a client should not plead guilty unless they are in fact guilty and decide they want to admit it in court on the record. Even if a person is guilty, they have the right to plead not guilty and make the prosecution prove their alleged guilty beyond a reasonable doubt.

It can be very difficult to defend a case in the military system. Everyone wants to assume the person is guilty and the defense counsel and his client are often standing by themselves in trying to fight the service. The defense counsel has to be willing to work and dig to find evidence to support his client's case. Often the military defense counsel do not have much experience and do not know how to do this or where to look.

I hope this brief note has helpful to you. If you have any further questions, you can feel free to contact me directly at [email protected] or (757) 420-9321.