Gagne, Scherer & Associates focuses on courts-martial and UCMJ defense for current Marines facing disciplinary action under military law. This legal process is separate from the civil lawsuits connected to water contamination at Camp Lejeune. Many search results for Camp Lejeune focus on those lawsuits, which belong to a different legal system and don’t apply to active-duty military justice. Military members interested in retaining the services of a civilian lawyer for a UCMJ case should read on.
Camp Lejeune is on the North Carolina coast outside of Jacksonville. It covers a vast amount of land with enough space to run ground, air, and amphibious training. II Marine Expeditionary Force is headquartered there, along with Marine Logistics Command, Marine Corps Installations East, and Navy Medicine units. Marine aircraft fly out of New River next door, and Cherry Point is a short drive north. II MEF has recently been engaged in operations against drug cartels coming from the Caribbean and Central America, and Camp Lejeune Marines often deploy to Okinawa for training.
Lejeune has one of the most active OSTC prosecution units in the military. The base is also active for pretrial confinement. Other than “don’t talk,” Marines at Lejeune won’t get much legal advice before court-martial charges come. Marines facing serious allegations can find themselves in the brig before they fully understand what’s happening to them and before they can get even initial legal guidance. It’s crucial for Marines to obtain civilian military counsel as early as possible.
Gagne, Scherer & Associates Case Experience at Camp Lejeune
Gagne, Scherer & Associates has been doing UCMJ cases at Camp Lejeune since 2006. Across that span, our caseload there has concentrated on the most serious allegations: CSAM, Article 120, Article 120b, Article 134 offenses involving minors, domestic violence, and child abuse.
We have represented a number of Marines from Lejeune who got into trouble during training deployments to Okinawa. The cases fell under command and OSTC purview at both bases, a complication we worked to our client’s advantage through early and broad intervention.
In one case, an NCO was accused of abusive sexual contact after a night of drinking with a group of lower-enlisted Marines. A female lance corporal made the complaint. OSTC took the case. We got involved early and contacted OSTC, NCIS, and the base SJA on Okinawa to give them missing context of the initial outcry: mixed messages between our client and the female, fleeting contact rather than predatory conduct, and our client’s strong service record at Camp Lejeune. We then ran the same campaign with OSTC and the SJA back at Lejeune, because that was where the Marine would land if the case followed him home. Months of advocacy on both sides of the Pacific persuaded OSTC to defer the case. He avoided NJP as well. Okinawa indicated he would separate with a General, but by the time he got back to Lejeune, we had persuaded that command to issue an Honorable.
Another Marine, very young, was accused of an alcohol-related sexual assault under Article 120 during the same kind of deployment. We advocated with OSTC, the SJA, and NCIS to reframe the story: a young Marine who couldn’t handle his liquor got obnoxious and misfired his attentions; there was nothing predatory about it and the female’s claims of assault were dubious at best. The case would be ripe for a defense based on memory and alcohol science. OSTC deferred and by the time our client got back to Lejeune, the case was dropped altogether. He was allowed to continue serving.
One Marine was accused of enticing a minor and producing CSAM through text communications with a female minor out of state. Dual jurisdiction was in play from the start, though NCIS led the primary investigation. We worked with OSTC and the state investigators simultaneously, for months, pushing the state to defer to the Marines and pushing the Marines to take the case so we could control the venue. The Marines investigated, decided to separate him to let him deal with the state case, and we made the judgment call not to demand an administrative board. That kept the OSTC investigation off his administrative record. We then persuaded the state to drop its case. No conviction in any jurisdiction. No criminal record.
A nineteen-year-old Marine client was alleged to possess CSAM because he had files of his seventeen-year-old girlfriend from back home. We got in touch with OSTC early, framed it as a Romeo and Juliet situation that didn’t belong in court, and worked to slow the case down so the command and OSTC could see the Marine for who he was. He separated administratively with no conviction, no registration, and avoided an OTH.
The common thread across these cases is early, parallel engagement with every office involved in the case: OSTC, NCIS, the SJA at the deployed location, and the SJA at Lejeune. While most defense offices (uniform and civilian) counsel staying silent and out of sight until charges come, Gagne, Scherer & Associates believes early intervention is the best hope of defusing a case before it becomes one, and this is particularly true when multiple commands or jurisdictions are involved.
FAQs about Camp Lejeune UCMJ Cases
Who prosecutes Lejeune Marines at Okinawa?
Lejeune Marines might never get prosecuted at either base. While they’re in Okinawa, the local NCIS and OSTC offices will oversee the case. You’d think they’d coordinate closely with the command back at Camp Lejeune, but that hasn’t always been our experience. OSTC has prosecutorial authority over Article 120 and related offenses across the Marine Corps, and the OSTC office handling the case is typically the one geographically at the scene of the alleged crime, since that’s where the witnesses and evidence will be. If the case follows the Marine home, OSTC at Lejeune might end up being the office that actually prefers charges, but if the case is deferred by OSTC at Okinawa, odds are good the case will be handled administratively at Camp Lejeune.
How does pretrial confinement work at Camp Lejeune?
Camp Lejeune makes active use of its brig. A Marine accused of a serious offense, particularly Article 120 or anything involving minors, can be ordered into pretrial confinement many months before charges are preferred and before the Marine has spoken to a defense lawyer. Once the Marine is in the brig, it will be very difficult if not impossible to find civilian counsel on his own, so he will need to ask his family or friends to help him do it. He will also need to ask to speak with counsel from the JAG defense office; the JAG defense office can coordinate meetings and group phone calls at the defense office (escorts posted outside the door) with the Marine and civilian counsel.
What does OSTC do, and why does it matter at Lejeune?
Congress created the Office of Special Trial Counsel to prosecute and increase conviction rates related to Article 120, child offenses, domestic violence, and several other categories. At Lejeune, the OSTC office is one of the busiest in the Marine Corps. OSTC decides whether charges get preferred. Most attorneys encourage their clients to stay silent and hidden while an investigation is pending. Gagne, Scherer & Associates’ experience and Camp Lejeune and elsewhere is that engaging with OSTC early is the most likely way to get a fair trial in a sexual assault case or avoid charges altogether. The client should remain silent but his attorney can’t afford to.
Should I wait for charges before hiring a civilian military lawyer?
No. As you can see above, Gagne, Scherer & Associates is often able to resolve a case before charges get preferred.
Do you handle cases at MCAS New River and Cherry Point too?
Yes. New River and Cherry Point are separate installations but operate within the same regional Marine Corps legal framework and often swap counsel; OSTC prosecutes at all three locations and Marine defense JAGs from each base represent clients from all three as well.
Gagne, Scherer & Associates: Experienced Military Lawyers at Camp Lejeune
Camp Lejeune has one of the busiest OSTC offices in the Marine Corps, and the brig is aggressively used for pretrial confinement on Article 120, child cases, and other covered offenses. Marines accused of serious allegations at Lejeune often find themselves under investigation, restricted, or in confinement before they’ve had a chance to talk to a lawyer who isn’t just telling them to stay quiet.
If you’re a Marine at Camp Lejeune, MCAS New River, or MCAS Cherry Point and you’re under investigation or facing charges, contact Gagne, Scherer & Associates at (224) 935-6172. You’ll speak with an experienced military lawyer from Gagne, Scherer & Associates, not a call screener, robot, or answering service.