Fort Drum, New York: Representative Case Results

Outcomes at or Involving Fort Drum, New York

U.S. v. E-4

An Army Specialist is accused by another soldier of sexually assaulting her in her barracks room.  After a long investigation, court-martial charges are preferred against the client.  At the Article 32 preliminary hearing, Mr. Freeburg strongly argues that the case should not be prosecuted.  The hearing officer agrees and recommends dismissing the case.  Instead, charges are referred to a general court-martial.  After referral of charges, Mr. Freeburg investigates the case further and presents the government with discovery demands and expert requests while simultaneously explaining why the case should be dismissed.  Eventually, the Army agrees and dismisses all court-martial charges!

Result: Charges Dismissed.  No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

U.S. v. E-5 United States Army

A Soldier was charged with the anal sexual assault of two other Soldiers (including a subordinate) along with a charge for stalking.  He retained Cave & Freeburg, LLP.  After lengthy litigation and motions and preparation by Mr. Freeburg, the government agreed right before trial to a guilty plea to only the stalking charge and to dismissing the sexual assault charges!  The Soldier was sentenced to no confinement and only a discharge.

Result: Not Guilty of All Sexual Assault Charges, No Sex Offender Registration, No Dishonorable Discharge, No Confinement.

U.S. v. E-5 United States Army

Army Sergeant is accused of the assault, battery and strangulation of two other Soldiers.  General court-martial charges are preferred against the Sergeant and he retains Cave & Freeburg, LLP,  Mr. Freeburg investigates and litigates the case, including the extensive relevant mental health history explaining what happened.  As a result, the Army agrees to a separation instead of a court-martial!

Result: No Federal Conviction, No Confinement, No Dishonorable Discharge.

Honorable Discharge

U.S. v. E-4

An Army Corporal is accused by another Soldier of sexually assaulting her in her barracks room.  Mr. Freeburg investigates the case in preparation for the preferral of charges even though it is clear the allegation was made out of revenge as the alleged victim had an ongoing relationship with the client.  Eventually, the Army dismisses the case, the Soldier is retained at a board and then reaches his ETS with an honorable discharge!

Result: Honorable Discharge. No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

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Disclaimer: All cases are different. Past results do not guarantee future outcomes. We do not promise any particular result.