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FAQ

Q. Why do I need a civilian military lawyer?

Good civilian military lawyers have experience, control of the courtroom, advanced negotiation skills, an extremely well-developed ability to think on their feet, and experience that enables them to see issues that others don’t. Because we deal with so many different judges and juries (by doing courts-martial in all of the services), 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. Read More…

Q. What benefit does hiring a former JAG give my case?

Military court is a unique environment. Not knowing the rules and moods of a military courtroom can be fatal. Understanding the military mindset helps an attorney connect with juries and know how to sell what works. It’s also good to have a civilian attorney who can project a military image. Read More…

Q. What should I do if I have been charged with sexual assault?

In sexual assault cases, know that the military will push as hard as possible for the case to go to court, even if the “victim” doesn’t want to go forward. Know that the military is training its people to convict defendants based on social policy instead of the law and regardless of how strong or weak the evidence is. Read More…

Q. If I am in the military, what do I do if I have been charged with a crime? 

The charge comes after the investigation, so the need for an attorneys kicks in sooner than that.

When you’re under investigation, keep your mouth shut. Don’t reply to texts that come out of the blue asking questions about the situation. Know that calls and texts might be recorded, and might be scripted by investigators. Conversations with friends, family, girlfriends, boyfriends – these aren’t privileged. In other words, it’s better to be paranoid than careless. Read More…

Q. What kinds of cases do you handle?

A. We handle every kind of military case involving criminal charges, nonjudicial punishment, administrative action, or administrative separation. Please see our Case Results page for a sample of the broad range of cases we handle.

Q. Do you handle AWOL and Desertion cases?

A. Yes. We have represented many members in AWOL or Desertion status or who have been arrested on a Desertion warrant. We have found that some people are giving wrong information to members who are AWOL. We, on the other hand, handle these cases frequently and we know what we’re doing. There is no “one size fits all” resolution to AWOL and desertion cases. Each service has its own way of handling these cases, and each commander is given a lot of discretion on how to resolve them. We have an extensive network of contacts within the military that allows us to get information quickly, and we have the variety of experience necessary to handle whatever kind of AWOL or Desertion cases we get. We make sure our clients are protected every step of the way.

Q. The recruiter misled our child into joining the military. Do you handle cases like that?

A. Yes, we frequently deal with recruiter misconduct. We have handled cases where recruiters have misled enlistees into signing one-sided contracts. We have also handled many cases where recruiters have taken advantage of enlistees with mental health problems. Here’s what typically happens:

  • The enlistee tells the recruiter he has a mental health problem
  • The recruiter tells him to omit that problem from the enlistment application
  • The recruiter coaches him how to hide the problem when he gets to MEPS
  • The enlistee has problems again when he is exposed to the stress of training
  • The enlistee tries to get help but is ignored

Often, these issues don’t come up until the military member goes AWOL. We have handled numerous cases involving mental health issues. Please see this page for a sample of our successes.

Q. Can you help me even though they military hasn’t decided what to do with my case?

A. Yes. We frequently represent clients who are targets of inquiries and investigations. Simply put, we help service members who are in any kind of trouble with the military, even if the government hasn’t taken action yet. We believe it’s critical for our clients to assert their rights immediately. Please see our Your Rights page for more detail.

Q. I gave a statement to investigators. Is it too late for you to help me?

A. No. We have an excellent record identifying and challenging police misconduct and investigative mistakes. We have successfully challenged police interrogation methods, police lineup methods, faulty witness memories, and flawed eyewitness identifications. We have successfully challenged government violations of our clients’ rights.

Q. I tested positive on a military drug test. Is it too late for you to help me?

A. No. There are many ways of fighting a government prosecution for drug use, even when there has been a positive test result. Call us or write us for a free consultation.

Q. Did you ever serve in the military?

A. Yes. We were all officers in the Air Force JAG Corps. Mr. 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 thousands of cases. We have a deep understanding of how commanders and prosecutors look at cases, and we have a thorough knowledge of military laws, regulations, and courts. Please see our attorney biographies for more detail.

Q. Do you handle Air Force cases only?

A. No. We represent members from the Army, Navy, Air Force, Marines, and Coast Guard, as well as members from the Guard and Reserves.

Q. Where can you represent military members?

A. We are admitted to practice in all military courts and will represent members from any U.S. military installation, including those in Iraq, Kuwait, Afghanistan, Japan, and Korea.  We have represented military clients from coast to coast and overseas.

Q. Can you handle high-profile cases?

A. Yes. We have extensive media contacts and have been featured in numerous national and international media outlets, including Nightline, Fox News, the Washington Post, United Press International, and the Army Times. We will be featured in an upcoming edition of the American Bar Association Journal.

Q. Why should we hire a civilian military attorney?

A. Whenever you’re in trouble with the military, you need to do your best to protect yourself. A good civilian military attorney will have a significant amount of experience dealing with military law and in military court rooms. A good civilian military attorney will not be afraid to be aggressive with the government. And we believe the military will often treat a case differently if it knows you have retained an aggressive attorney who knows what he is doing and who isn’t afraid of the courtroom. For example, we recently got a case dropped solely because we were the attorneys on the case. The military decided to transfer the member to a new unit rather than face us at trial. We saved his career and he received no punishment at all. A good civilian military attorney will often get results like this.

Q. Do you accept credit cards?

A. Yes. We accept credit cards, money orders, certified funds, checks, cash – we accept all legal means of payment.