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       PRACTICE AREAS:Military LawFlying Evaluation BoardMedical MalpracticeExpungementLaw Office of Kenneth David, P.A. 2003 Apalachee Pkwy. Suite 202A Tallahassee, FL. 32301 Phone:(850)681-7222 Fax: (850)514-4400 |
FAQs: Criminal Defense My commander has offered me an Article 15. Should I accept it?Military investigators have approached me to ask me questions. They’ve told they only want to find the truth and that I don’t need a lawyer. Is that true?Absolutely not true. Unfortunately, most military investigators are merely a part of the government’s prosecution team. They can legally lie to you and will trick you. You may find out the hard way that what you really told them in an interrogation may be completely different than what they later say you told them. Nothing makes an investigator more upset than four little words – “I want a lawyer.” Ask for an attorney immediately and often whenever an investigator reads you your Article 31 (Miranda) rights. The best advice I can give you is this: “Keep your mouth shut and call an attorney ASAP.” My commander called me into his office and told me I tested positive for an illegal drug on a urinalysis. Is there any way to win this kind of case?The government has to prove you had an illegal drug in your body
and that you knowingly ingested the drug. I’ve won cases in which the prosecution could not prove beyond a reasonable
doubt that the military member knowingly ingested the drug. However, I highly recommend you don’t speak to
anyone but your lawyer if someone tells you that you tested positive. What is the "presumption of innocence?"All people accused of a crime are legally presumed to be innocent until they are convicted, either in a
trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the
efendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't
convince the jury that the defendant is guilty, the defendant goes free. Can I get a fair shake in a military court-martial?An experienced military defense attorney can certainly help you even up the odds. Although the military and civilian criminal courts have similar concepts of presumption of innocence and the “beyond a reasonable doubt” burden of proof, there are some major differences that lead to a perception of unfairness. First, the base legal office (which includes the prosecution team) recommends which jurors should be picked for any court-martial and only 2/3 of those jurors are required to reach a guilty verdict. That’s a huge difference with the civilian court system that requires a unanimous verdict. Also, military judges are normally individuals who are more favorable (actually much more favorable) to the prosecution. In spite of those kinds of differences, I personally believe that military members who sit as jurors want to do the right thing. It’s extremely important that you assemble a defense team that can uncover facts favorable to you and show the jurors there is a reasonable doubt in your case. If I hire a civilian attorney for my military case, can I still have a military lawyer work for me?Absolutely. Two heads are better than one and I work with local military counsel to ensure you get the best possible defense. The local military counsel may have worked with particular commanders, witnesses, or jurors and will have a better working knowledge of dynamics on the base that may affect your case. However, you hire a civilian attorney for his or her experience in knowing how to effectively try your case. When you hire my firm, I will be lead counsel. I take personal responsibility for mapping out your case strategy and arguing your case to the jury or board. What does it cost to hire a civilian military counsel?It all depends on the complexity of your case, the type of charge, and the number of charges against you. I normally will give you two prices – one lower price if we only go to an Article 32 pretrial investigation and a higher price if your case is referred to a court-martial. I also charge for the cost of travel to and from the site of any hearing or court-martial and the cost of billeting. The Law Office of Kenneth David confidently represents current and former members of the United States Armed Forces and their families stationed throughout the country and overseas and civilian clients located in the Panhandle of Florida communities of Tallahassee, Quincy and Monticello. Welcome l Representative Cases l Attorney Profile l FAQs l Resource Links l Contact Us© 2008 Kenneth David Law. All rights reserved. Disclaimer. 2008- Website Diner |