Camp Pendleton is the Marine Corps’ largest installation on the West Coast, a sprawling, self-contained world stretching across more than 125,000 acres of Southern California. Its territory is immense, encompassing 17 miles of undeveloped coastline, rugged mountains, and arid inland valleys tucked between the urban sprawl of Los Angeles and San Diego. Since its establishment during World War II, Pendleton has been the central training ground for Marines preparing for every major conflict, from the shores of Korea and the jungles of Vietnam to the deserts of Iraq and the mountains of Afghanistan. Today, it remains the indispensable center for the Corps’ Pacific operations, a place where the warfighting culture of a force preparing for war is in full view every day.
The heart of the base’s mission is I Marine Expeditionary Force (I MEF), the principal warfighting organization of the Marine Corps on the West Coast. I MEF is a global crisis response force, and Pendleton’s varied terrain provides the perfect, all-in-one environment for its rigorous training. On any given day, the base is a symphony of controlled chaos. Live-fire artillery and mortars echo from the inland ranges, while infantry regiments conduct assaults in sprawling, purpose-built urban training facilities. Along the coast, the sights and sounds are iconic: massive Landing Craft Air Cushions (LCACs) roar out of the surf and onto the sand, delivering armored vehicles and waves of Marines in amphibious landing exercises that are often visible from the beaches of nearby Oceanside.
Pendleton functions less like a base and more like a dedicated military city, populated by tens of thousands of Marines, sailors, civilian employees, and their families. This massive population requires its own infrastructure, from sprawling housing developments and schools to large shopping centers and a naval hospital. It is a world unto itself, operating under its own laws, the Uniform Code of Military Justice (UCMJ), and a rhythm dictated by the demands of military readiness. This high operational pressure creates an environment where any allegation of misconduct is viewed through the lens of its potential impact on mission-critical units.
This military city does not exist in a vacuum. It shares a border with bustling civilian communities like Oceanside, San Clemente, and Temecula, meaning off-base incidents are a constant reality. A night out in a civilian area can quickly lead to an encounter with local law enforcement over a DUI, an assault, or a domestic dispute, creating complex jurisdictional issues. For Marines at Pendleton, a legal problem often begins in the civilian world before it is handed over to military authorities. As a final piece of local color, the base’s vast, rugged terrain means cellular reception is notoriously unreliable. This well-known frustration can add a layer of isolation and make communication during a legal crisis even more challenging, a practical reality of life on this iconic installation.
We have deep California roots. One of us was born in San Francisco, attended DLI in Monterey, and is the son of a Korean War Marine. We have family in Newport Beach and have been whale spotting from Point Arena to Laguna Beach. We spent time in Yuma as kids and have been working cases across Southern California for years, through the onion fields to Lemoore, 125-degree heat at Twentynine Palms. We did a trial at Camp Pendleton while wildfires burned in the forests on base.
Pocket Guide: When NCIS Wants Your Phone
Ten quick rules every service member should know
- Yes, they can take it. Probably. If NCIS asks for your phone, they likely already have digital evidence from a witness, a service provider, or the accuser.
- But you don’t have to agree. If they ask for permission, say no. Always. Never hand over your phone voluntarily without your lawyer’s blessing.
- If they threaten to get authorization, let them get it. Politely tell them to do what they need to do, then stop talking.
- If they show you a written warrant or authorization, comply. You can’t refuse a lawful order once paperwork exists, but you still don’t unlock the device.
- “Verbal authorization” is essentially the same thing. Follow instructions if directed, but tell your lawyer right away so the order can be verified and challenged.
- Keep your phone locked. Don’t fall for, “We need to get into your phone. Open it.” That’s not a lawful order. Don’t provide your passcode, and don’t unlock it during questioning. Passcodes are protected “speech” under the Fifth Amendment and your Article 31(b) rights.
- Biometrics are different. If your phone uses Face ID or a fingerprint, NCIS can compel that access once they have proper authority. You can disable those features in advance if you choose.
- Even locked phones can be cracked. NCIS digital forensics teams can recover deleted texts, GPS data, photos, and app history. Assume nothing is gone.
- Preserve what helps you. Back up any screenshots, timestamps, or messages that prove your side, and store copies securely so your attorney can access them later.
- Understand their tactics. In sex-assault cases, NCIS often doesn’t copy the accuser’s phone; they record her scrolling through it. That lets her hide or delete material that could help your defense.
Our Air Force Background: A Strategic Advantage for Marines
We are former United States Air Force JAGs, not Marines. We are direct about this because our background is a strategic asset to your defense. While we are proud of our Air Force service, the most important fact is that the Uniform Code of Military Justice is the same across every branch. For more than twenty years, we have defended Marines under the UCMJ at every major installation, and we stay fluent in Marine Corps culture. We don’t pretend to be Marines; we show respect for the Corps by staying fit, disciplined, and ready to stand in a courtroom alongside them.
This external perspective is crucial. In the high-pressure environment of the Marine Corps, the issue of unlawful command influence (UCI) is a constant factor. Our non-institutional background gives us the necessary distance to aggressively but respectfully challenge command pressure and institutional biases without the career constraints that uniformed counsel might face.
Decades of Experience Defending Marines at Camp Pendleton
Our work at Camp Pendleton is not theoretical. We have been defending Marines here for two decades in a steady stream of serious, high-visibility cases. We have represented recruiters, warfighters, and officers in cases encompassing everything from drug offenses and sexual assault under Article 120 to sex offenses against children under Article 120b and Article 134.
When a case at Pendleton gains public attention, the pressure from command and the media becomes immense. We have direct experience managing that crisis. For instance, in 2019, when Marines from 1/5 were arrested in a major human smuggling and drug case, it created a firestorm of publicity and raised serious UCI concerns. We represented one of the Marines caught up in that wave of prosecutions. We know firsthand how quickly a case here can escalate and what it takes to mount a defense when the command’s attention is fully engaged.
Q: Why hire your firm instead of a local lawyer from Oceanside or San Diego?
A: The military community in Southern California has many local lawyers. Some are retired officers who handle a few UCMJ cases as part of a general practice. Others served a few years and now take whatever case comes through the door. You are more likely to see them at the Officers’ Club than in a contested court-martial.
Our path is different. We left the Air Force as career trial lawyers. Since 2001, we have been in military and federal courtrooms nonstop. We are litigators first and last. The military has returned to a warfighting focus, and our approach reflects that same ethos. We are not about staying comfortable in one region; we are about showing up for the fight, wherever it is.
Q: Does it matter that you are not based near Camp Pendleton?
A: No. Modern military defense is about responsiveness and expertise, not proximity. The Marine Corps’ own legal system proves this model works. Uniformed defense counsel from the Defense Service Office (DSO) routinely travel between Camp Pendleton, Miramar, Twentynine Palms, and Yuma to handle serious cases. Their ability to provide effective representation is not tied to a single base, and neither is ours.
The reality is that the vast majority of work in any case is handled remotely by phone, email, and text. This is true even when a lawyer’s office is right outside the gate. Most cases are won or resolved long before a trial ever begins, often during the investigation phase. In these common scenarios, where a case is dropped, diverted to Office Hours, or handled administratively, significant travel costs for a trial never become a factor.
For the rare case that does proceed to a full court-martial, the few thousand dollars in travel costs is a calculated investment when the consequences are career-ending. The crucial factor is having the most experienced litigator in the courtroom, not the one with the shortest commute.
The Bonus Value We Give You
Our value is not found by shopping on geography alone. For every Marine Corps case, we bring two senior litigators with more than twenty years of trial experience each. You pay for one attorney, and you get both. That is a level of experience and value you will not find anywhere else.
Our Mission: Decades of Uncompromising Courtroom Defense
Our careers as military trial lawyers were forged in the immediate aftermath of 9/11. We entered the JAG Corps as the rubble was still smoldering at the Pentagon and the World Trade Center, and spent our formative years in the courtroom during the peak of the Global War on Terrorism. That experience gave us a deep, firsthand understanding of how military justice operates under the pressures of armed conflict. We have defended Marines in cases arising from battlefield incidents, misconduct coming off a difficult deployment, and the complexities of AWOL and desertion during wartime.
Our commitment is to show up for the fight, no matter the conditions. We have never stepped back from the courtroom. We have tried cases in the most challenging environments imaginable: during the peak COVID lockdown in an empty airplane hangar, in the middle of hurricane evacuations, and inside an active prison. We litigated a case at Camp Pendleton while wildfires raged nearby, ashes coming down thick as snow, just to get to court. For us, the mission dictates our presence.
We are full-time, dedicated litigators who focus on the most serious charges under the UCMJ. Our experience encompasses:
- Article 120, 120b, & 120c (Sexual Assault and Related Offenses)
- Article 134 (CSAM, Enticement, Obstruction of Justice)
- Article 133 (Conduct Unbecoming an Officer)
- Article 128b (Domestic Violence)
- Larceny and Fraud (including DITY and travel claim fraud)
- Murder, Manslaughter, and Aggravated Assault
- AWOL and Desertion
Finally, we bring decades of federal criminal defense experience to every case. This is more essential now than ever. The military justice system has recently been overhauled to mirror the federal court model, with new rules and procedures. While many lawyers are still adjusting to this new system, we have been operating this way for our entire careers. It is our home turf.
Unauthorized Absence (AWOL) and Desertion at Camp Pendleton
For an operational force at a warfighting base like Camp Pendleton, unauthorized absence is treated as a serious breach of discipline with significant consequences. While the U.S. is not currently in a major ground war, history shows that conflicts can arise quickly, and the military’s stance on AWOL and desertion hardens overnight. Here are answers to the most urgent questions.
For a complete breakdown of AWOL and desertion, including common myths and a detailed guide to returning to military control, please see our comprehensive AWOL/Desertion page.
Q: What is the difference between AWOL and desertion?
A: The only difference is intent. AWOL is simply being absent from your place of duty without authority. Desertion requires the government to prove that you intended to remain away permanently or to shirk hazardous duty or important service. Because proving intent is difficult, most cases, even those involving long absences, are prosecuted as AWOL.
Q: Is there any real defense to an AWOL charge?
A: No. The charge is simple for the government to prove: you were ordered to be somewhere, and you were not there. Personal crises or family emergencies are not a legal defense to the charge itself. However, these facts are critical for mitigation: arguing for a lesser punishment. A successful outcome often depends on building a powerful mitigation case to negotiate for an administrative discharge instead of a court-martial and confinement.
Q: What is the best way to return to military control?
A: The best path is always to surrender voluntarily. Waiting to be apprehended will eventually result with you being locked in a civilian jail until the military can arrange transport. A voluntary return, ideally coordinated by an experienced civilian attorney, immediately stops the clock on your absence and is the first and most important step in mitigating the potential punishment. An attorney cannot negotiate a deal for you to get a discharge while you remain absent; that option does not exist. And don’t go AWOL thinking you’ll just get an administrative separation with an OTH that you can upgrade later. That doesn’t happen either.
Defending Against Serious Allegations: Article 120, 120b, and 134
While AWOL is a concern, the majority of serious cases at Camp Pendleton today are related to allegations of sexual assault, offenses against children, and other conduct with career-ending penalties.
Q: My case is just “he said, she said.” How can the government prove sexual assault?
A: This is one of the most dangerous misconceptions in military justice. A court-martial panel can legally convict you of sexual assault under Article 120 based on the testimony of a single witness, with no other corroborating or forensic evidence. The entire case becomes a credibility contest. In this environment, an acquittal depends entirely on the skill of your defense attorney to conduct a masterful cross-examination, exposing inconsistencies, revealing biases, and demonstrating to the panel that the accuser’s testimony is not reliable enough to meet the standard of proof beyond a reasonable doubt.
Q: Why is consent not a defense in a case involving a minor?
A: In cases pertaining to a child under Article 120b, the law creates a “strict liability” situation. This means the concept of consent is legally irrelevant, as a person below the age of consent is considered incapable of providing it. The legal battle in these cases is not about whether the act was consensual; it is about the reliability of the evidence itself. With younger accusers, the primary defense often focuses on flaws in the reporting and investigative process, such as a child’s memory being contaminated by leading questions from interviewers or influence from parents during a contentious custody dispute.
However, in certain rare, borderline cases, another defense might be available: a reasonable mistake of fact as to age. To succeed with this defense, the accused must prove that they held an honest and reasonable belief that the other person was of the age of consent. This is a high bar to clear and requires more than just a simple guess; it often depends on concrete evidence, like the other person using a convincing fake ID, consistently lying about their age, and appearing and acting significantly older.
Q: If I deleted the files, how can they prove a computer crime?
A: When investigators seize your devices in a case under Article 134 (like those for Child Sexual Abuse Material or CSAM), they are not just looking for existing files. They use powerful forensic tools to map your entire digital life. They can recover fragments of long-deleted files from a hard drive’s “slack space” and obtain warrants for your cloud storage and internet history. In these cases, the most dangerous evidence is often not the illicit file itself, but the digital proof of your intent to conceal your actions. Traces of disk-wiping software or payments for anonymous VPNs are presented as powerful evidence of a guilty mind.
Q: I was ordered to talk to the Family Advocacy Program (FAP). Do I have to?
A: In cases with a child or domestic partner (Article 119b or 128b), you will be pressured to speak with FAP. You should treat this interaction with the same caution as a criminal interrogation. FAP will open its own administrative case and can order you into mandatory treatment. They might tell you their investigation is not criminal to get you to talk, but anything you say can find its way back to investigators and prosecutors. Do not speak with FAP alone. You have the right to have an attorney, and you should not make any statements unless your counsel has advised you to do so.
Call a Camp Pendleton UCMJ Lawyer Now
When your career is on the line, you deserve an unmatched level of experience. Our firm brings two senior litigators to your defense for the fee of a single attorney. We have spent over two decades defending Marines across the Pendleton-Yuma-Miramar-29 Palms circuit and understand what it takes to win here. Don’t settle for less. Contact us at 800-319-3134 to learn how our experience and unique two-for-one approach can work for you.