Q: Why do I need a civilian military lawyer?
A: Good civilian military lawyers have experience, control of the courtroom, advanced negotiation skills, and an extremely well-developed ability to think on their feet. Because we handle courts-martial in every branch, we know how to build rapport in a variety of environments. What works in an Army court might not work in a Coast Guard court. What works with one judge might not work with another. What persuades one legal office might backfire with another. We have spent over twenty years learning the difference. Read more.
Q: What benefit does hiring a former JAG give my case?
A: Military court is a unique environment. Not knowing the rules and rhythms of a military courtroom can be fatal to a defense. Understanding the military mindset helps an attorney connect with panel members and know what arguments will land and which ones will not. It also helps to have a civilian attorney who can project a military image, who understands rank and culture and protocol, and who won’t alienate a panel by treating the courtroom like a civilian proceeding. We were both JAG officers. One of us also served in the enlisted ranks as a Russian linguist. We have a deep understanding of how commanders and prosecutors evaluate cases, and we use that understanding to defend against them. Read more.
Q: What has changed about how serious cases are prosecuted?
A: The most significant structural change to military justice in decades took effect in 2023 with the creation of the Office of Special Trial Counsel (OSTC). For certain offenses, which include sexual assault, domestic violence, child abuse, and other serious crimes, the decision to refer charges to court-martial is no longer made by a commander. It is made by a special trial counsel, an independent military prosecutor with exclusive authority over the case.
This changes the defense calculus considerably. The old approach of working the convening authority, building a packet of character evidence and mitigation for the commander’s desk, is gone for OSTC cases. The person deciding whether to prosecute is a lawyer, not a commander, and that lawyer’s job is to evaluate the evidence and the likelihood of conviction. Defense counsel who have not adapted to this reality are still fighting the last war.
We have been practicing in federal criminal court for over twenty years, alongside our military work. The OSTC model, independent prosecutors making charging decisions based on evidence rather than unit politics, is how the federal system has always worked. While other military defense firms are adjusting to a paradigm they have never operated in, we have been doing it for two decades. For more detail on how we approach cases in the OSTC era, see our OSTC page.
Q: What should I do if I am under investigation for sexual assault?
A: Understand that you are facing the most aggressively prosecuted charge in the UCMJ. Article 120 cases now fall under the OSTC’s exclusive jurisdiction, which means a dedicated prosecution office, not your commander, will decide whether to take your case to court-martial. These cases draw significant investigative resources and are built to go to trial.
Get an attorney involved as early as possible. Do not make a statement to investigators. Do not communicate with the alleged victim or anyone connected to the allegation. Do not try to gather evidence on your own. Tell your family what is happening so they can help you evaluate your options, including the option of hiring civilian defense counsel, while those options still exist.
We have defended Article 120 cases in every branch of service for over two decades. Our Article 120 practice covers rape, sexual assault, aggravated sexual contact, abusive sexual contact, the mistake of fact defense, intoxication and incapacity to consent issues, and offenses involving minors under Article 120b. For a detailed breakdown of Article 120 law and defense strategy, see our Article 120 page.
Q: What kinds of cases do you handle?
A: We handle every category of criminal charge under the UCMJ, as well as nonjudicial punishment and administrative separations. Our practice is concentrated in the cases that carry the most severe consequences: sexual assault (Article 120), child sexual abuse material (Article 134), domestic violence (Article 128b), child abuse (Article 119b), homicide (Articles 118 and 119), drug offenses (Article 112a), fraud (Articles 121, 132, and 107), and conduct unbecoming an officer (Article 133). For a full overview of what we handle, see our Practice Areas page.
Q: What are the odds of success on appeal?
A: Low. For military courts the data is not broadly published, but based on our research and contacts at the service court level, about 9% of appeals to a Court of Criminal Appeals result in meaningful relief. If you lose there and petition the Court of Appeals for the Armed Forces, that court accepts only about 10% of the cases it receives, and of those, it provides real relief in about 1 in 5. Run the math through the entire appellate pipeline and roughly 1 in 9 convictions gets any significant relief. The other 8 do not.
Before a case ever reaches the appellate stage, there are multiple points where it can end or be reduced to something survivable. The investigation can be closed without charges. The case can be resolved administratively, with consequences that may be painful but do not include a federal conviction or sex offender registration. Charges can be withdrawn or reduced after an Article 32 hearing exposes weaknesses in the government’s case. And the accused can be acquitted at trial. Every one of those outcomes is more likely than winning on appeal, and every one of them requires counsel in the fight early enough to make a difference.
Your odds of a favorable outcome are geometrically higher at the trial level than on appeal. That is not an opinion. It is arithmetic.
Q: I am under investigation but have not been charged. Is it too early to hire an attorney?
A: It is never too early. The investigation phase is where cases are won or resolved. Once charges are preferred and referred, your options narrow. Once you are convicted, they nearly disappear. An attorney who is engaged during the investigation can communicate with investigators and prosecutors before decisions are made, identify weaknesses in the government’s case before the government has committed to it, and position you for the best possible outcome whether that means a dismissal, an administrative resolution, or a stronger defense at trial.
We routinely represent service members who have not been charged and may never be charged. In many of those cases, early engagement is the reason charges were never preferred.
Q: How much does it cost to hire a civilian military lawyer?
A: The cost varies widely across the industry. Most firms charge a flat, initial fee between $5,000 and $8,000 to get involved during the investigation stage. These fees are typically due all at once, up-front, and are nonrefundable. Once your attorney commits, it’s a full commitment.
If a case proceeds to court-martial, additional fees are due, and that is where the range of cost is wide. One firm might charge $25,000 for a trial stage; another might charge over $100,000 for the same case. Some firms calibrate the fee to the complexity of the case or the number of victims, but some quote the same fee for all cases.
Our firm publishes its fees: $6,500 for the initial and investigative period; $10,000 to $12,000 for an Article 32 preliminary hearing; $25,000 for the court-martial stage. Travel costs are separate and itemized. For full details, see our Fees page.
Appellate representation is significantly more expensive. A first-level appeal to a service court like AFCCA or ACCA will typically cost at least $50,000. A full appeal through the Court of Appeals for the Armed Forces can exceed $100,000. We are aware of appeals that ended up costing several hundred thousand dollars on a very low-success venture.
Q: Can I hire a civilian attorney even if I already have a military defense counsel?
A: Yes. You have a right to hire a civilian attorney at any stage of the process. The military will not pay for your civilian lawyer, but it cannot prevent you from hiring one to protect yourself. Your military defense counsel remains on the case alongside your civilian attorney, and a good civilian lawyer will work with your military counsel rather than against them.
You do not have to wait for charges. You can hire an attorney the moment you suspect you are under investigation, even when the situation is still a rumor. In fact, that is the best time to do it.
Q: Did you serve in the military?
A: Yes. We were both officers in the Air Force JAG Corps, entering the service in 2001. Keith Scherer also served several years in the enlisted ranks as a Russian linguist. Before becoming defense attorneys, we worked as prosecutors and advised commanders on criminal cases across the spectrum of offenses. We have been in civilian practice since 2005. For more detail, see our attorney biographies.
Q: As prior Air Force, do you only handle Air Force cases?
A: No. We represent service members from the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force, as well as members of the Guard and Reserves. We are admitted to practice in all military courts and represent clients at installations across the United States and overseas.
Q: Do you handle AWOL and Desertion cases?
A: Yes. We have represented many service members in AWOL or Desertion status, including members who have been arrested on a Desertion warrant. There is no standard resolution for these cases. Each branch handles them differently, and each commander has discretion in how to resolve them. Some of the information circulating online about AWOL resolution is wrong, and we have seen service members hurt by following bad advice. If you are AWOL or in Desertion status, or if your family member is, call us before doing anything else.
Q: I already gave a statement to investigators. Is it too late?
A: No. A statement complicates a case but does not end it. We have a strong record of identifying and challenging investigative errors, including improper interrogation methods, violations of Article 31(b) rights, flawed identification procedures, and coerced or misleading statements. The fact that you spoke to investigators without counsel is a problem, but it is a problem we have dealt with many times. The sooner you get an attorney involved after a statement, the better positioned you will be.
Q: I tested positive on a military drug test. Can you help?
A: Yes. A positive urinalysis is the government’s strongest evidence in a drug case, but it is not self-proving. Chain of custody errors, laboratory procedure issues, passive exposure, unknowing ingestion, and the reliability of metabolite thresholds are all legitimate areas of challenge. We have defended drug cases involving every substance the military tests for. Call us for a free consultation. For more detail on drug offense law and defense, see our Article 112a page.
Q: Can you handle high-profile cases?
A: Yes. We have handled cases that attracted significant media attention and have been featured in national and international outlets. We understand how to manage media pressure while protecting our client’s interests, and we know when publicity helps a case and when it does not.