Please note that all cases are unique. Success in one case does not guarantee success in another. We do not guarantee outcomes. Any such guarantee would violate the Rules of Professional Responsibility. Case results are determined by a variety of factors, including facts and evidence presented, whether the client follows counsel recommendations, and the stage in the proceedings at which our services are retained. Generally, the earlier counsel is retained in a case, the more likely a favorable result will be obtained.
Please call us if you have any questions or would like more details about a particular case. We have over 40 years of results, this page lists results since July 2015 when the website was redesigned. Not all results are posted. (800) 355-1095 WORLDWIDE 24h, (202) 857-8465 DC 24h, (210) 390-3931 TX 24h
Please call us if you have any questions or would like more details about a particular case. We have over 40 years of results, this page lists results since July 2015 when the website was redesigned. Not all results are posted. (800) 355-1095 WORLDWIDE 24h, (202) 857-8465 DC 24h, (210) 390-3931 TX 24h
Military Sexual Assault Defense Information | Sexual Assault Blogs | Know Your Rights | Court-Martial Defense
2017
|
1 May 17 - Court-Martial | Fort Bragg | Case Type: Abusive Sexual Contact. An enlisted member was accused by an officer of abusive sexual contact. After thoroughly attacking the case at an Article 32 Investigation and investigating civilian witnesses at the alleged crime scene, the Convening Authority decided to dismiss charges after the Article 32.
Court-Martial | Coast Guard Station Norfolk | Case Type: 6 specs of abusive sexual contact, 2 specs of assault consummated by a battery | Full Acquittal -22 March 2017: A Coast Guard Sailor was accused of 6 specifications of abusive sexual contact by two women. By showing that the women lied on cross-examination and that they collaborated on the story, we were able to obtain a full acquittal. Court-Martial Appeal | Fort Hood | Case Type: Sexual Assault - Charges Set Aside and Dismissed with Prejudice - Post-Trial Chapter 10 Granted -9 March 2017: Soldier served 3 years of a 15 year sentence. We obtained a post-trial Chapter 10. He will be released within 10 days. He is entitled to 3 years of back pay and allowances. A blog article discussing the case will follow. Appeal | Case Type: Article 69 (b) Appeal (Forwarded to Air Force Court of Criminal Appeals for Review) -12 January 2017: An Air Force Senior Airman at Wright-Patterson AFB was convicted of one specification of abusive sexual contact and assault consummated by battery before a special court-martial. He received 20 days confinement and no discharge. We filed an Article 69 (b) appeal to the Judge Advocate General for review on insufficiency of the evidence, Military Rule of Evidence 413, and improper instructions to the jury. We were successful. The case has been referred to the Air Force Court of Criminal Appeals for review. Investigation | Case Type: Indecent Language, Abusive Sexual Contact (Retirement) -3 January 2017: A service member was accused of indecent language and abusive sexual contact by the minor teenage friend of his daughter. The young lady had significant personal issues. We refused nonjudicial punishment. The service member was permitted to retire. 2016
Court-Martial | Abusive Sexual Contact (NOT GUILTY to all charges)
-15 December 2016: Mr. Conway represented a captain at Fort Carson accused of inappropriately touching a female sergeant on two occasions. The captain was offered an Article 15. We rejected the Article 15 and chose to fight at trial. Even though the government claimed they could not find the sergeant's personnel record, through cross-examination Mr. Conway showed convincingly that she lied about her APFT and weapons qualification scores to get promoted. She then lied about the captain - the S1 - to avoid exposure to an audit of her promotion record. A panel of officers found the captain not guilty of both specifications. Court-Martial Appeal | Case Type: Sexual Assault (Air Force Court of Criminal Appeals) -17 November 2016: Mr. Pristera argued a case at the Air Force Court of Criminal Appeals. Court-Martial | Case Type: Abusive Sexual Contact, Assault Consummated by Battery, Fraternization, Conduct Unbecoming (NOT GUILTY to all charges except the fraternization) -17 November 2016: Mr. Conway represented a major at Fort Belvoir accused of abusive sexual contact (among other things). A female staff sergeant accused him of touching her breast, kissing her, and slapping her face. He was also accused of conduct unbecoming an officer and gentleman for allegedly threatening his commander. We were able to demonstrate that the female staff sergeant lied about the allegations, deleted evidence from her phone, and attempted to extort the major for $18,000.00 before reporting the allegations. We were able to show that the commander was not threatened and the major was simply trying to be heard to tell his side of the story. The major was found guilty only of fraternization. He received a reprimand, no discharge, and some forfeitures of pay. Administrative Separation | Case Type: Solicitation (NJP Turn Down - 6105) -8 November 2016: A Marine was accused of a solicitation offense. On our advice, the Marine turned down NJP. It was a bold decision, but resulted in a favorable outcome. The command gave the Marine only a 6105. Criminal Investigation | Case Type: Fraternization / Inappropriate Relationship (No Disciplinary Action) -1 November 2016: A junior female Navy Sailor overseas was the subject of unwanted inappropriate advances by a petty officer. She did not report it. When another Sailor reported the suspected inappropriate relationship, the male petty officer accused the junior sailor of making unwanted advances at him. Mr. Conway was able to intervene with the command to prevent questioning of the Solider by NCIS, XOI, or the Chief's Mess. Using text messages and other evidence, we resolved the case with no adverse action for the junior Sailor. Court-Martial Appeal | Sexual Assault Article 32 Investigation -31 October 2016: We received the Article 32 report for a service member facing 8 charges of abusive sexual contact and 4 charges of assault. Two of the charges were dismissed after the Article 32. This is further evidence of the need to fight at the Article 32 Investigation when prosecutors pile on the charges. We're chipping away one charge at a time. Court-Martial Appeal | Case Type: Sexual Assault (Army Court of Criminal Appeals) -28 October 2016: Mr. Conway successfully obtained a new R.C.M. 1105 action in a criminal appeal. This is important because an individual named in the charge sheet has provided a letter supporting the accused. Court-Martial | Case Type: Abusive Sexual Contact, Burglary, False Official Statement (Guilty Plea) -13 October 2016: An Marine lance corporal was accused of abusive sexual contact of three male Marines. The allegation was basically that he touched them inappropriately while they slept. There were 7 abusive sexual contact charges, 2 burglary charges, and 2 false official statement charges. The accused's DNA was on the underwear of one of the Marines. We negotiated a deal that resulted in 9 of the 11 charges being dismissed. The Marine was in pretrial confinement for 241 days. It was a time served deal. CID Titling Action | Case Type: Sexual Assault (Amended) -16 September 2016: Mr. Myers successfully obtained an amendment of a CID titling action for sexual assault by amending the case disposition to show a dismissal of the sexual assault allegations. The client was unable to go to his children's school because of the titling. The amendment relieved the client of that burden. Court-Martial | Case Type: Sexual Assault, Disrespect, False Official Statement, Fraternization (Not Guilty to All Charges and Specifications) -15 September 2016: An Army Master Sergeant at Fort Bragg with 24 years of service was accused of raping his daughter, incest, adultery, fraternization with a private, false official statement, and disrespect to an officer. Using a combination of a lack of DNA, motive to lie, and triangulation of phone records we were able to show that the master sergeant could not have and did not rape his daughter. The government attempted to claim that condom lubricants were found on her underwear, but we were able to show that the same chemicals were present in detergent. The master sergeant had previously received a reprimand for the fraternization. We put him on the witness stand to take responsibility for the frat charge. Then Mr. Conway argued for jury nullification. An 82nd Airborne jury of sergeants major and lieutenant colonels found the master sergeant not guilty of all charges and specifications after a 4 day trial. See blog article also. Court-Martial Appeal | Case Type: Sexual Assault (Navy-Marine Corps Court of Criminal Appeals) -30 August 2016: Mr. Pristera successfully obtained the reversal of two sexual assault convictions in United States v. Ellis. Court-Martial | Case Type: Abusive Sexual Contact (Reprimand) -28 August 2016: Mr. Conway represented a senior enlisted member accused of abusive sexual contact, indecent acts, indecent language, and solicitation of a young adult. We conducted an internal investigation of witnesses and communicated with the government legal advisors to avoid a court-martial. When offered an Article 15, we had enough information discrediting the complainant to turn down the Article 15. The command ultimately imposed a reprimand. We are contesting the reprimand. Court-Martial | Case Type: Indecent Language (Soldier Permitted to ETS) -26 August 2016: Mr. Conway represented a Soldier accused of having inappropriate conversations with a minor. We were able to secure the noncooperation of the mother and family of the child. The Soldier was permitted to separate upon his ETS. Court-Martial Appeal | Case Type: Sexual Assault (Army Court of Criminal Appeals) -19 August 2016: Mr. Pristera - in a rare occurrence - secured government funded expert forensic psychiatry assistance on behalf of a convicted service member for an Army appeal. Mr. Pristera identified an appellate issue requiring an expert psychiatrist, not previously involved in the case, to provide written testimony before the appellate court. Mr. Pristera coordinated with the Walter Reed National Military Medical Center, Center for Behavioral Sciences, to request assistance. Under this unique circumstance, assistance was granted. Mr. Pristera is known for taking advantage of every avenue available for his clients, and this is another example of how he leaves no stone unturned in his vigorous efforts to get appellate relief for his clients. Navy Personnel Command | Case Type: High Year Tenure Waiver Request (Granted) -20 July 2016: Mr. Pristera successfully represented a Sailor facing separation for High Year Tenure. In this highly unique case, the command attempted to separate a Sailor with over 18 years of service for High Year Tenure. After getting his High Year Tenure temporarily extended, Mr. Pristera was able to successfully argue to Navy Personnel Command that despite being found guilty at a Captain’s Mast prior to hitting 18 years of service, the Sailor could not be administratively separated prior to reaching 20 years and retiring. Navy Marine Corps Court of Criminal Appeals -21 June 2016: Mr. Pristera completed oral arguments this morning at the Navy-Marine Corps Court of Criminal appeals. The case was United States v. Ellis. The issue was whether the military judge erred in denying the accused his right to confront his accusers about victim and victim advocate discussions pursuant to the 6th Amendment, U.S. Constitution, Military Rule of Evidence 608 (c), and Military Rule of Evidence 514 (d)(6). Oral arguments and briefs will be posted when available. Court-Martial | Case Type: False Official Statement, Disrespect of a Commissioned Officer, Maltreatment, Article 134 (Not Guilty to All Charges and Specifications) -16 June 2016: Three female Soldiers accused a married sergeant in Vincenza, Italy of making inappropriate sexual comments, maltreatment, disrespect to a commissioned officer, and false official statement. There were seven specifications. The sergeant was offered an Article 15. We advised the Soldier to turn down the Art 15. The case was referred to a special court-martial. We elected an enlisted panel. The sergeant did not testify. We attached the stories of all three females. Though they denied knowing each other, we presented evidence that they did know each other and conspired to make the allegations because of a dispute between one of the females and the sergeant's wife. The jury of 4 colonels, 2 sergeants major, 1 sergeant first class, and one staff sergeant took about two hours to find Mr. Conway's client not guilty of all charges and specifications. Court-Martial | Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -7 June 2016: A Major is accused of abusive sexual contact, assault consummated by battery, conduct unbecoming, and fraternization with a staff sergeant. The Article 32 Investigation was on 19 May 2016. The alleged victim did not testify. Mr. Conway, however, attended the hearing and presented evidence of her motive to lie - including an effort by her to extort the major for money. We received the PHO report on 7 June. The Investigating Officer found no probable cause for abusive sexual contact, assault, or conduct unbecoming. He recommended a reprimand for fraternization. Court-Martial | Case Type: Sexual Assault (Dismissed / Chapter) -26 May 2016: An Army private first class stationed in South Korea was accused of sexually assaulting and fraternizing with another Soldier that he was in a short relationship with. He also was facing investigations related to two other woman. After the Article 32 Investigation on 26 April, Mr. Conway was able to obtain a chapter for the Soldier that avoids the possibility of a criminal conviction. Court-Martial | Case Type: Sexual Assault (Not Guilty) -24 May 2016: An Army sergeant first class in Germany was accused of sexually assaulting a female staff sergeant while she was asleep while on temporary duty at the Senior Leader's Course. Mr. Conway skillfully cross-examined the alleged victim. We did not call the accused to testify. After one hour of deliberation, the sergeant first class was found not guilty. Court-Martial | Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -10 May 2016: Mr. Conway received notice of a favorable PHO report for a Soldier accused of three specifications of sexual assault. The alleged victim testified at the hearing. We had asked for a delay to complete digital forensics examination of our client's phone. The hearing was on 26 April. The hearing was in Korea. Mr. Conway appeared telephonically to cross-examine witnesses to help minimize cost for the young Soldier. The cross-examination of the alleged victim was devastating. The Pretrial Hearing Officer (PHO) found that one of the charges was not supported by probable cause. Regarding the other two charges he stated "That this case be disposed of in a manner other than trial by court-martial." We hope the Convening Authority adopts the recommendation. Court-Martial | Case Type: Sexual Assault and Domestic Assault (Not Guilty to Sexual Assault Charges / Mixed Verdict to Assault Charges) -21 April 2016: A Senior Airman at Davis-Monthan originally faced two specifications of sexual assault and 11 specifications of assault consummated by battery. We got three assault charges dismissed before trial. He had allegedly entered into a sham marriage with a foreign national after a night of drinking in Las Vegas. The marriage was predictably unstable. When he got the marriage annulled, she accused him of sexual assault and assault. Unfortunately, there were hundreds of pages of potentially incriminating text messages. Mr. Conway skillfully cross-examined the alleged victim for over four hours. The Senior Airman was found not guilty of the sexual assault charges and three of the most serious assault charges - including a choking. He was found guilty of 5 out of 8 of the remaining more minor assault charges - probably because there were text messages from him and the alleged victim corroborating hitting, slapping, and restraint of wrists. He received a reduction in rank, 3 months confinement, and a bad conduct discharge. The result was far better than the deal the government offered. Court-Martial | Case Type: Sexual Assault (Not Guilty to All Charges and Specifications) -6 April 2016: An Air Force staff sergeant was charged with 27 charges and specifications. 23 charges were dismissed after the Article 32 Investigation. Mr. Conway was lead counsel. Trial proceeded on two specifications of sexual assault and two specifications of assault. Client was found not guilty of all 4 remaining charges by an enlisted panel that deliberated for 55 minutes. Court-Martial | Case Type: Sexual Assault (Pretrial Confinement Hearing) -5 April 2016: Mr. Conway appeared telephonically in a pretrial confinement hearing for a Soldier overseas. The client was released from pretrial confinement. The case remains in the preliminary stages. Court-Martial | Case Type: Officer Maltreatment / Assault (Favorable Article 32 PHO recommendation) -28 March 2016: Earlier this month, Mr. Conway travelled to Camp Arifjan, Kuwait to represent an officer accused of multiple allegations of maltreatment and assault against several Soldiers. After the Article 32 Investigation, the Pretrial Hearing Officer recommended against a court-martial. Administrative resolution of the case was recommended. Court-Martial | Case Type: Forcible Rape (Not Guilty) -23 March 2016: An Airman (staff sergeant) at Barksdale AFB was accused of forcible rape. After a trial with an enlisted panel, the staff sergeant was found not guilty. The acquittal was largely the result Mr. Conway's careful interpretation of DNA and blood stain analysis, skilled cross-examination of the alleged victim, and skillful cross-examination of OSI agents that lost evidence. Court-Martial | Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -10 February 2016: An Air Force Technical Sergeant at Moody AFB was accused of sexual assault and inappropriate relationships with two female service members. We completed the Article 32 Investigation on 2 February 2016. The Pretrial Hearing Officer (PHO) recommended that all charges and specifications be withdrawn. We hope the Convening Authority adopts the recommendation. Administrative Separation | Case Type: Inappropriate Relationship and Assault (No misconduct) -5 February 2016: An Army staff sergeant recruiter with 14 years of service at Fort Sam Houston, San Antonio, Texas was facing administrative separation for an alleged improper relationship with a prospective recruit and false official statement. Mr. Conway achieved a successful result and the staff sergeant was retained. Court-Martial | Case Type: Sexual Assault (Dismissed / Chapter) -29 January 2016: An Army sergeant stationed in South Korea was accused of sexually assaulting and fraternizing with a junior Soldier that he was in a short relationship with. After the Article 32 Investigation, Mr. Conway was able to obtain a chapter for the Soldier that avoids the possibility of a criminal conviction. Court-Martial | Case Type: Sexual Assault (Dismissed / Reprimand) -20 January 2016: Mr. Conway achieved a great result for an Army officer accused of sexual assault by his ex-wife. Through written communications with the command we avoided criminal charges and obtained a reprimand for a minor allegation that we are appealing. Court-Martial Appeal -15 January 2016: Mr. Conway received notice that the Air Force Court of Criminal Appeals had set aside one of the specifications in case number ACM 38689. We are appealing the remaining charges to the Court of Appeals for the Armed Forces. Court-Martial | Case Type: Maltreatment (Mixed Verdict - Retention) -14 January 2016: Coast Guard Petty Officer with 17 years service retained at a special court martial after being charged with driving under the influence, 5 allegations of slapping a female sailor on the behind, and indecent language. Mixed verdict. The retention finding was a victory. Court-Martial | Case Type: Forcible Rape, Assault, Travel Claim Fraud, False Official Statement (Not Guilty)
-7-18 December 2015: A Coast Guard Petty Officer began the legal process facing 29 specifications of allegations including sexual assault of two alleged victims, assault, false official statement, larceny, and travel fraud. The case was essentially a child custody dispute resulting in his ex-wife making substantial allegations. After the Article 32 Investigation, we got the charges reduced to 17 specifications. After a nearly two week trial involving 17 specifications and over six hours of cross-examining the complaining witnesses (6 sexual assault specs and 6 assault specs), we received not guilty verdicts to everything but the travel fraud / larceny allegation. After beginning with 29 specifications, he was basically reduced to E-2 with 30 days hard labor without confinement - but most importantly there was no discharge. All things considered it was an exceptional result. The client will have six months until the expiration of his term of service. In cases involving seemingly overwhelming amounts of allegations, our philosophy is to chip away one charge at a time. Clemency and Parole Board -27 November 2015: Parole granted for a client convicted of sexual assault. The firm did not represent him at trial. The firm assisted in the appeal and parole package. This was the first time the client was eligible for parole. Court-Martial | Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -23 November 2015: Sexual assault charge dismissed after the Article 32 Investigation (Pretrial hearing) at Barksdale AFB. Client found not guilty of the remaining charge in March 2016. Court-Martial -20 November 2015: Sexual assault charges dismissed in a Coast Guard case following the Article 32 Investigation (Pretrial hearing). Charges still remain to be fought at trial. -29 October 2015: Officer board of inquiry at Fort Stewart, Georgia. Captain with 16 years of service retained. The allegations generally involved maltreatment of subordinate Soldiers. Court-Martial Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -1 October 2015: Received Article 32 Pretrial Hearing report in an Air Force sexual assault case at Mountain Home AFB, Idaho finding no probable cause for 19 out of 22 charges. For the remaining three charges the investigating officer was skeptical and found inconsistencies, but believed there was minimally probable cause. Court-Martial -24 September 2015: Obtained dismissal of all charges at Fort Lee, VA in a maltreatment case. Court-Martial -23 September 2015: Special court-martial domestic abuse and drug charges dismissed in exchange for a summary court at Marine Corps Air Station Mirimar. No criminal conviction. Court-Martial | Case Type: Forcible Rape - Two alleged victims (Not Guilty) -10 September 2015: Full acquittal. 82nd Airborne Soldier at Fort Bragg charged with multiple specifications of rape in violation of Article 120, UCMJ. Case involved two different alleged victims. Additional Article 134 allegations included. Jury trial. Not guilty to all charges and specifications. Court-Martial | Case Type: Sexual Assault (Favorable Article 32 PHO recommendation) -26 August 2015: Article 120 charges dismissed at Camp Foster, Okinawa after Article 32 Pretrial Hearing. Court-Martial | Case Type: Motions Practice (New Article 32 Investigation Granted) -18 August 2015: Judge ordered a new Article 32 Pretrial Hearing and granted critical cell phone digital forensic expert in an Article 120 sexual assault case at Barksdale AFB. -15 July 2015: Launch of redesigned website. |
Initial consultations are confidential, but do not constitute the creation of an attorney-client relationship.
|
