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Prior Cases

I like to hear from clients--especially when it is good news.

Over 65 years (43 and 22), we have been involved in hundreds of courts-martial and criminal investigations under the Uniform Code of Military Justice (UCMJ). Most of that time has been as a civilian military defense counsel. (We also have been involved in hundreds of appeals--see the relevant page.) 

As you can imagine, each case is different--the facts, the law, the rules of evidence, the people involved, the type of charges, and the other players (prosecutors, judges, investigators). We also have to resort to expert assistance, most frequently forensic toxicologists, forensic psychologists, forensic computer examiners, or DNA experts (these experts are usually necessary for most sexual offense cases). Digital evidence is often involved in cases because of social media platforms used by clients and alleged victims--texting, email, and storage on computers and peripherals. Because of changes in the law, we have developed a sub-practice focused on medical providers accused of sexual offenses. Here we had to become familiar with medicine, medical procedures, and how medical providers examine the patient. Medical providers are more often accused of malpractice when seeing a patient is there for an appointment. In several cases, the standard and straightforward practice of auscultation allegedly gone wrong has resulted in criminal actions against the provider.

 Another sub-area we have become experienced at is retrials after a client has won his appeal, and there is to be a retrial. Retrials are more complicated. Witnesses may become unavailable, evidence might be lost, or new evidence is developed. For example, what happens when a key prosecution witness can't be found and the prosecution wants to use their testimony from the prior trial as a substitute for their live testimony?

Some time ago, a client was falsely accused of rape, and the terror began--the story was right out of a Law & Order SVU script. However, our efforts in the investigative and post-investigation states led to the charges being dropped. The decision-maker rational. No further action disciplinary action taken.

The other shoe dropped when the client received the letter that he was being considered for removal from the promotion list, based on the allegations. Good news--he has been promoted.

Not many of those falsely accused of sexual assault do so well post-investigation. Usually "they" will get you for something.

Anyway

We represent clients with all manner of UCMJ allegations. Over the past years our emphasis in court-martial trials and appeals has been with cases and issues involving Sexual Offenses (including BDSM situations), Child Abuse, Computer Related crimes, recruiter malpractice, instructor misconduct, and a wide range of fraud. We have also had success in administrative law adverse actions. In each instance, we have worked hard with the military lawyer or military lawyers to put forward a team effort.

We believe strongly in regular and complete communications with the client. We make every effort to tell you what we are doing and why. We also welcome a client's input and involvement in their case.

When the client allows, we also try to keep the family regularly informed so they are assured that we are taking care of your best interests.

The two of us talk with each other almost daily to go over our cases, think about how to defend the case, and discuss strategy. During trial we will often be discussing a new development in the trial.

CAUTION:

Every case is different, these prior results do not guarantee the same result for you.

Every set of case facts is different.

The law changes. For example the law regarding sexual assault was changed significantly in 2007, and then in 2012, 2019, and again recently. More changes are in the works, with various congressional and DoD committees tasked to address future changes.

Your best action is to consult with us as experienced military defense lawyers. 

Client Reviews
★★★★★
Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my family. Philip was so helpful, truly a calming force, and his legal help was invaluable to me, I am so thankful that I availed myself of his services! Rob
★★★★★
Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're exactly spot on. He is my hero and thanks to him I gave my life back... Bryan
★★★★★
Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to him. He genuinely cared about me and made my case his priority. He used all his experience and knowledge to put forth a good defense. I am very pleased with him and will recommend him to anyone in need of an attorney. Crystal