The Department of War’s (DOW) directive to enforce “ruthless, dispassionate” standards is a sudden, jarring shift away from the previously permissive culture. The increased civilian political engagement, disregard for standards, and open disrespect seen across social media and in the ranks are now in direct conflict with a command structure empowered to enforce discipline without fear of IG reprisal. This collision will likely result in a sharp, immediate spike in UCMJ charges under specific articles as people push back. If you are questioning standards or engaging in public dissent, you are on a fast track to severe consequences. The UCMJ Articles Now on High Alert Offenses related to disobedience, contempt, and public misconduct will be prosecuted with zeal, as commanders have been explicitly told that […]
“No More Fat Generals”: The War Department Reset, Obeying Orders, and UCMJ Consequences
Flat Fees and What It Costs to Hire a Civilian UCMJ Lawyer
Our Flat-Fee Philosophy: Why Your Defense Deserves Financial Clarity We know that when you call us, your life is in chaos. You are dealing with command, OSTC, irreparable damage to your name, and threats to your future. The last thing you need is an attorney who adds to that stress with a running clock on every phone call and an uncertain bill that can bankrupt your family. That’s why we don’t charge by the hour. We charge a flat fee for each stage of your case. It’s not a marketing choice; it’s a way of practicing law that removes conflict, eliminates distraction, and keeps our focus where it belongs: on winning your case. Why Flat Fees Protect the Client For the service member, a flat […]
Pigs Get Fat, Hogs Get Slaughtered: The Philosophy of Calculated Gain
The difference between our cross-examination style and the traditional aggressive approach comes down to an old saying: pigs get fat, hogs get slaughtered. We’re the pigs. We take what we need from the witness (the key admissions, the small contradictions, the gaps in memory) and we lock them down. We get fat on facts that win acquittals. We don’t overreach. The hog is the bully cross-examiner. The sledgehammer lawyer. The “destroy-mode” performer who’s too loud, too greedy, and too focused on the show. They take excessive risks, cross ethical lines, and alienate the judge and panel. That’s why they, and their clients, get slaughtered when the verdict comes back. Our goal isn’t to win a jousting match. It’s to win the case through a relaxed […]
Soju, Songtan, and the Juicy Girl Trap
The so-called “juicy bar” scene in South Korea is a cultural and legal minefield that has wrecked hundreds of military careers. The term “juicy” doesn’t refer to alcohol. It comes from the system of buying drinks for hostesses who earn commission on every glass sold. See the historical note below: Not Just “Juicy” Gossip. These women, often foreign nationals (historically many from the Philippines), are employed to entertain customers through conversation, flattery, and light physical contact such as shoulder rubs or hand-holding. The more “juice” sold, the higher their pay. Where It Happens The areas outside Osan Air Base and Camp Humphreys, particularly Songtan and Pyeongtaek, are well known for these establishments. Some are technically off-limits under current command orders; others stay open by changing […]
Gagne, Scherer & Associates, LLC announce Kristin Helton as 2016 winner of $1,200 college scholarship
Gagne, Scherer & Associates, LLC are proud to announce that Kristin Helton has been awarded a $1,200 college scholarship. Growing up in a small, farm community in Illinois, Kristin always dreamed of helping others. A strong desire to assist those in need and a personal connection to the military served as her inspiration for her winning essay, which reads, in part: “Before considering applying for this incredible scholarship opportunity, I thought long and hard about the essay topic. I was unsure if I was qualified to address the issue, as I have never served in the military. However, many of my family members have served and laid their lives on the line to help protect and better this country. With this in mind, I can […]
Insider Tips from a Military Attorney: How to win your Sexual Assault Case
A military sexual assault case can’t be about settling scores. It’s about staying free and staying off of the sex offender list. Here’s how you do that: Be nice Be reasonable. Be thorough. Am I telling you to be nice? I am. Bear with me. Broadly speaking, an attorney will defend a military sexual assault case in one of two ways: attack or outflank. Every particular approach falls into one of those categories. Either approach can work, but this is a classic instance where, more often than not, you’ll catch more flies with honey than vinegar. How do you do it? Strictly speaking, you do don’t do it, your attorney does. But you still have to choose how you want to be represented, because everything […]
3 Ways to Beat Military Investigators at Their Own Game
The script, simplified: What exactly am I being accused of? That’s not true. I didn’t do it. I’m not going to talk to you, I want a lawyer. If the military suspects you of committing a crime, eventually the investigators will ask you to talk. The conversation won’t be on your turf. It’ll be at their office, behind locked and guarded doors, in a tiny, windowless, clockless interrogation room. You’ll be directed where to sit. The scene and the method are scripted, staged, and calibrated for maximum psychological effect. It’s not a conversation, it’s a confession hunt. And it can last all day and night if you let it. These three tips can help you get out of that situation quickly and harmlessly. Get whatever information […]
5 Dangerous Myths About Defending A Court-Martial
Myth 1: A COURT-MARTIAL is required to be a fair fight Truth: From the beginning of the case, the court martial defendant faces huge disadvantages. The government has unlimited resources at a court martial, but the appointed defense counsel’s office receives very little funding. The government will have at least two prosecutors at a court martial, while the defendant is typically entitled to have only one appointed attorney. The prosecution has an entire office of investigators, but the defense is entitled to none. The prosecution can afford to travel and have any witness it wants to the court martial in order to testify against the defendant, but the defense needs to get the government’s approval to fund any defense witness travel. The prosecution gets to […]
The Good Soldier Defense – Three Things You Need To Know
Good Soldier Defense A Good Soldier Defense is a well-recognized defense under the Rules of Court Martial, the Military Rules of Evidence and military case law. United States v. Wilson, 28 M.J. 48 (C.M.A. 1989). This defense allows the accused service member to show honorable service and military accomplishments to suggest that the charged misconduct is so incompatible with the member’s overall excellent military service that the accused would not have committed the crime. It’s a powerful tool for the defendant because the judge and jury can use this evidence all by itself to find reasonable doubt. If you have been charged with a military crime, there are many things to know about The Good Soldier Defense including: 1. Military Rule of Evidence 405: Military […]
Three Steps To Take Before You Hire a Criminal Military Defense Lawyer
Have You Been Investigated or Charged With a Military Crime? When you are faced with an arrest for a military crime[1], it is important that you immediately work with an attorney that understands military law and the potential long-term obstacles that could come from a conviction. Many service members in your situation choose to rely on the appointed military defense counsel. Often times this occurs because the appointed attorney is paid for by the U.S. government and the accused does not wish to pay for representation. By retaining a civilian criminal defense attorney, however, you can maximize the chances of a successful outcome because you will be working with a lawyer who can allot sufficient time to your case and who will create a strategy […]