If you’re facing charges under Article 120 or Article 134, you need a comprehensive strategy, not a list of tips. Talk to lawyers who have fought these cases for decades. Call 800-319-3134 for a private consultation.
Memory Science, Alcohol, Bias and Testimony in Article 120 UCMJ Sexual Assault Cases
December 18, 2025 by
In cases of alleged sexual assault prosecuted under Article 120 of the UCMJ, physical evidence is frequently scarce or inconclusive. The outcome often rests entirely on the testimony of the alleged victim. For the court-martial judge or panel to render a just verdict, they must conduct a rigorous, scientifically informed assessment of that testimony, moving beyond simple emotional responses. Our 25-year specialization in Article 120 cases is built on the mastery of forensic science and the psychological vulnerabilities of testimonial evidence. We use established cognitive science to educate the court on the difference between a sincere witness and an accurate one, ensuring the verdict rests on fact, not flawed memory. 1. Distinguishing the Pillars of Testimony A common mistake is treating a witness’s convincing demeanor […]
Defending “Those People” in Sexual Assault and Domestic Violence Cases
December 15, 2025 by
Every criminal defense attorney has to deal with the question, “How can you defend those people?” and that’s especially true when it comes to cases involving sex, children, or domestic violence. The question is asked with a tone of condemnation, but it unintentionally gets at an important truth. “Those people” and “those cases” require a certain type of lawyer, and it has nothing to do with being soulless. Note, too, that the question presumes guilt, something a criminal defense lawyer doesn’t do. The defense of sexual assault and domestic violence prosecutions demands a unique synthesis of skills combining the strategic acumen of a trial lawyer with the psychological awareness of a forensic expert. This field, which has made up the bulk of our casework for […]
Defending “The Worst of the Worst”: Crimes Against Children
December 12, 2025 by
Defending individuals accused of crimes against children, from physical or sexual abuse to Shaken Baby Syndrome, CSAM possession, enticement, or indecent communication, is the most morally and emotionally demanding field in criminal law. To meet the constitutional duty of effective representation, a defense has to approach these cases with expertise and psychological composure. For more than 20 years, our firm has defended service members accused of the most stigmatizing UCMJ violations. We have handled every variety of case under Articles 119b, 120b, and 134, including CSAM possession, production, and enticement. Psychological Compartmentalization The first requirement is the ability to evaluate disturbing evidence with professional detachment. Evidence Review This work demands exposure to deeply disturbing material: explicit recordings, medical examiner reports describing traumatic injuries, and images […]
Flat Fees and What It Costs to Hire a Civilian UCMJ Lawyer
December 2, 2025 by
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
November 21, 2025 by
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
November 14, 2025 by
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
October 25, 2016 by
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
October 13, 2016 by
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
August 22, 2016 by
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 […]