Legal Question in Military Law in Washington

2nd court martial

I was convicted by the Air Force of Article 112 A, Article 134 - self mutilation without intent to avoid duty, Article 92, Article 134 communicating a threat x 2.

I received a reduction to E-1, 10 months confinement, forfeiture of all pay and allowances and a bad conduct discharge. Three days before my courts-martial, I was arrested again by local police working with OSI for distribution of cocaine. I went to local jail. During my stay in local jail, I was visited by OSI. They said my squadron would bail me out if I would sell to another member of my squadron. I refused. They said this is the only time the SJA would deal with me and that I had to give up names. I wrote a statement giving up my civilian drug dealer. After that, my Mother bailed me out and my command came and got me. I had a pretrial confinement hearing. They used that night and a time a month earlier saying I sold to informants. Those facts got me in pretrial confinement. Two days later my courts-martial happened. I was convicted, but non of the facts prior came up at my trial. Now my attorney called and said th


Asked on 8/31/07, 10:47 pm

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: 2nd court martial

I handle military criminal appeals.

Feel free to contact my office to set up an appointment if you (or a family member with power of attorney) would like to talk about your case. I offer free, initial consultations and would be happy to initiate the teleconference in order to save you (or your family member) in long distance charges.

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Answered on 9/01/07, 7:31 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: 2nd court martial

You got "lied" to, plain and simple. Your post however got cut off and I'm not sure just what your problem is now - other than they apparently are trying to court-martial you a second time. IF the prosecution or OSI "knew" of the "new" charges, unless your first lawyer waived it, they should not be able to court-martial you a second time.

Please contact someone with military law experience in courts-martial ASAP before this gets any worse for you. You need competent representation. Feel free to call or email me.

Don Rehkopf

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Answered on 9/01/07, 4:21 pm


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