Our Military Lawyers Have The Courtroom Experience And The Track Record To Win Your Court-Martial. CONSIDER OUR RECENT CASE RESULTS (See Below and under “Notable Cases”).
Ernesto Gapasin, Atty. at Law
- TRIAL LAWYER FOR 19 YEARS
- Former JAG Defense Counsel and Senior Defense Counsel,
- Former Part-Time Military Magistrate,
- Former JAG Prosecutor,
- Former Legal Advisor for Summary Courts-Martial Officers,
- Former Article 32 Legal Advisor,
- Former Legal Advisor to Investigating Officers,
- Iraq Combat Vet who also served overseas in Okinawa, Japan and Korea,
- Top 100 National Trial Lawyer,
- Admitted to the United States Supreme Court AND
- Licensed To Practice In ALL Military Courts.
Nathan Freeburg, Atty. at Law, Of Counsel
- TRIAL LAWYER FOR 15 YEARS
- Former JAG Defense Counsel,
- Former Training Officer and Expert Litigator for “DCAP” (Defense Counsel Assistance Program),
- Former JAG Prosecutor and Chief of Military Justice,
- Former Court-Martial Trial Instructor for “CLE” Courses (Continuing Legal Education),
- Taught Trial Skills and Courtroom Tactics to Hundreds of JAGs and Civilian Lawyers across the United States, Germany and South Korea,
- Iraq Combat Vet,
- VA Accredited, Admitted to U.S. Court of Appeals for Veteran’s Claims AND
- Licensed To Practice In ALL Military Courts.
“If You Are Serious About Hiring A Civilian Military Defense Attorney, Call Now Or Email Us For A Free Confidential Telephone Consultation.”
Consider Some Past Results:
(Note: Your Location Does Not Matter. Our Civilian Military Lawyers Represent Clients Wherever The Military Is Stationed. In ALL 50 States and Worldwide.)
U.S. v. O-2, Fort Bliss, El Paso, Texas. First Lieutenant is accused of sexually assaulting a female Private. Private alleges that following a military ball, the Lieutenant and a Captain met her at a bar and conspired to bring her back to the Lieutenant’s apartment. She alleged that the purpose was to sexually assault her while she was incapable of consenting due to alcohol. She claimed very little recollection at his apartment due to her intoxication. She claimed to remember the Lieutenant being on top of her and also forcing her to perform oral sex while the Captain observed. Her memories were “hazy” and she only remembered pieces of the evening. The Government charges the Lieutenant with sexual assault and conspiracy to commit sexual assault. Lieutenant retains Mr. Gapasin to represent him. At trial, Gapasin argues how the DNA evidence obtained through a forensic examination points to the co-accused Captain as the one who had sex with the Private. Gapasin also argues how the Private was afflicted with “alcohol myopia” which distorts perception and results in a misperception of the context of events, in that she believed the client was having sex with her when it was actually the Captain. Gapasin cross-examines the alleged victim, later arguing how her responses were evasive and failed to provide the “evidentiary certainty” needed for the Government to satisfy its burden of proof. Gapasin not only attacks her perception, but her credibility as well due to her numerous inconsistencies and contradictions in interviews with the El Paso Police Department, the Sexual Assault Nurse Examiner (SANE) and CID. RESULT: FULL ACQUITTAL of All Charges and Specifications. NO Confinement, NO Federal Conviction, NO Sex Offender Registration.
U.S. v. E-6, Fort Bragg, North Carolina. Army Staff Sergeant is accused of sexual assault while he and alleged victim are deployed to Kuwait. Staff Sergeant denies allegations and gives a statement to CID claiming their sexual activity was entirely consensual. Staff Sergeant tells CID to analyze the alleged victim’s cell phone because it would provide evidence that she consented. Nothing is done. Staff Sergeant advises his JAG lawyers to request the cell phone for analysis, however, no such discovery requests are made. Instead, JAG lawyer advises him to agree to 18 months of confinement and plead guilty for assault and battery in order to avoid sex offender registration. Staff Sergeant refuses and instead retains Mr. Gapasin to represent him. Gapasin immediately files a Request for a Digital Forensics Expert to conduct an extraction of the alleged victim’s cell phone. Government denies this request, and CID apparently claims they “found nothing of evidentiary value”. Gapasin files a Motion to Compel Production of Expert, and the Military Judge grants the Motion. Gapasin requests that all Voxer messages from the alleged victim’s cell phone be subpoenaed. Again, Government denies the request, and CID claims their “extraction of the cell phone failed”. Gapasin files a Motion to Compel Discovery, and the Military Judge grants the motion. Gapasin’s forensic digital expert examines the cell phone and digital evidence is extracted supporting the client’s claim that the sexual activity was, indeed, consensual. Evidence from the cell phone also revealed that the alleged victim committed the crime of perjury when she testified under Gapasin’s cross-examination in a prior motions hearing. After multiple additional motions and discovery requests filed by Gapasin, the alleged victim declines to participate and the Government dismisses all charges and specifications. RESULT: ALL Charges and Specifications DISMISSED. NO Federal Conviction, NO Sex Offender Registration, NO Confinement. Subsequent separation board alleging sexual harassment for separate, unrelated accusers was TERMINATED after the Staff Sergeant retained Mr. Gapasin a second time.
U.S. v. E-2, Naval Station Mayport, Florida. Seaman Apprentice is accused of sexual assault by his estranged spouse and ordered into pre-trial confinement. Mr. Gapasin represents him and they proceed to a General Court-Martial trial. Gapasin aggressively cross-examines his client’s accuser, exposing her lack of credibility and her attempts to evade questions. For up to two hours, this key witness refuses to respond credibly to Gapasin’s cross-examination questions. Gapasin also reveals what he believes to be her true motives to fabricate, i.e., her desire to falsely accuse Gapasin’s client of sexual assault in order to gain full custody of their then-unborn child. Gapasin argues how the “timeline” is circumstantial evidence of her motives to fabricate. RESULT: FULL ACQUITTAL, NOT GUILTY to ALL Charges and Specifications. NO Sex Offender Registration, NO Federal Conviction, NO Confinement.
U.S. v. O-2, Fort Campbell, Kentucky. First Lieutenant is accused of forcible rape and several counts of assault and battery by estranged spouse, who is another Lieutenant whom he met in the Basic Officer Leadership Course (BOLC). The Government prefers 13 specifications for rape, sexual assault, assault and battery, conduct unbecoming an officer and a gentlemen, communicating a threat, extortion, and violating a lawful order. The Government also charges the client with the sexual assault of his first ex-wife. The First Lieutenant retains Mr. Gapasin to represent him in this case involving spiteful, bitter domestic issues. At trial, Gapasin reveals a number of alarming facts: how the alleged victim had a male officer stay at her home just days after filing for divorce, how she and the client had an adventurous sex life seeming to show consent or mistake of fact, and most importantly, that she had a motive to fabricate when she reported. This is because she reported two days after receiving notice from her company commander that an investigation against her for adultery was inevitable. Gapasin also called an expert in cell phone forensics to testify that a text message stream that she took screenshots of and provided to law enforcement had been modified. Client adamantly denied sending a text that said, “you can’t rape your wife.” This was a text that was contained within the faked text message stream provided by the accuser. Gapasin’s cross-examination of the alleged victim put the nail in the coffin. Her testimony was evasive and revealed a lack of credibility. The ex-wife declined to participate following the filing of Gapasin’s motions and discovery submissions. RESULT: FULL ACQUITTAL, NOT GUILTY to ALL 13 Specifications. NO Sex Offender Registration. NO Confinement. NO Federal Conviction.
2 Scott Air Force Base MPs Face Courts-Martial For Trafficking Drugs On Base And In Soulard
Exclusively Focused On Military Criminal Defense And Separation Boards.
Gapasin Law Group, LLC is an aggressive, top-quality law firm of Military Trial Lawyers that are DEDICATED to Military Criminal Defense and Separation Boards. Our cases have been reported on by hundreds of media outlets across the country and around the world, to include: CNN, Fox News, Newsweek, The Washington Post, Rolling Stone, Time, USA Today, 60 Minutes, Stars and Stripes, Air Force Times, Army Times, Navy Times, Associated Press, The New York Times, the St. Louis Post-Dispatch, and the Las Vegas Review-Journal and Las Vegas Sun, among many others.
(Note: Your Location Does Not Matter. We Represent Clients Wherever The Military Is Stationed.)
The Best Defense Is An Early Defense. Having The Right Military Lawyer On Your Side From Day 1 Is The Key To A Successful Defense.
Are You Facing A Similar Legal Situation?
- Military law enforcement wants your permission to search your home, computer, and personal things?
- You are the next target of the military’s overly aggressive sexual assault policy?
- You are being investigated and no one has told you why and even your command refuses to give you any details?
- Your commander orders you to write out a “sworn” statement about what happened even though you want legal advice?
- You go to an off-post restaurant and see the prosecutors in your case having lunch with your detailed JAG lawyer?
- An officer was appointed to investigate your legal situation and wants you to come in and write out a statement?
- Your detailed JAG lawyer keeps telling you to sign off on the discharge for an Other Than Honorable Discharge even though you want to stay in the military?
- Military law enforcement told you that agreeing to do a polygraph was the best way of closing the investigation against you?
- Your chain of command, the prosecutor and your detailed JAG lawyer tell you that taking nonjudicial punishment is your best choice even though you are innocent and want to fight the allegations?
- You are being told that if you agree to nonjudicial punishment rather than a court-martial, your unit promises not to initiate separation proceedings afterwards — but they don’t want to put it in writing?
- Did you sign a sworn statement against your will or without knowing your rights?
- Your detailed JAG lawyer is trying to convince you that you will be convicted if you don’t sign the guilty plea even though you already told him that you are in fact innocent?
If so, call Gapasin Law Group, LLC so you know your rights and what to do when you are facing these life and career-threatening situations. Fill out the form to the left, click “Submit”, and we will call you shortly for your free telephone consultation.
Remember, a quick plea deal may not be in your best interests, and may wreck your life down the road. Ask yourself: 5 years from now, when you look back on this decision to take the deal and not to fight the charges, is that a decision you’re going to regret? The answer is almost always yes — especially when your free military lawyer forces you to take a deal you don’t want. Call us. We will discuss all of your options with you, not just a guilty plea.
If you are facing an investigation or if you are pending charges for any of these offenses, whether it is for nonjudicial punishment (e.g., Article 15, Mast, Office Hours or a Summary Court-Martial), or for Special or General Courts-Martial, call Gapasin Law Group, LLC as soon as possible. Be warned, any mistakes you or your free, detailed military lawyer make early in the process will haunt you for the rest of the case. It is critical that you have experienced counsel right away.
What A Recent Client Had To Say . . .
“I was facing serious charges of UCMJ Article 120 for sexual assault and rape. It was an extremely long process that lasted years. I retained Ernesto and he immediately began working my defense and was very upfront about the conviction I could be facing. Ernesto was with me every step of the way and was available 24/7 whenever I needed any help or had any questions. Ernesto’s professionalism, analytical skills, cross examination, and overall performance was simply outstanding. I would not trust any other attorney with my case other than Ernesto. During the court martial, Ernesto stood out well above anyone else and proved to be an extremely valuable member of the defense team from his preparation to his execution; he left nothing on the table and gave it all he had. In the end the court found me NOT GUILTY and acquitted all charges. Ernesto’s overall performance was the best anyone could ask for. I would highly recommend Ernesto to anyone who is facing serious charges if you are looking for a serious defense attorney who will do anything he can to protect you.” — 4 Nov 2017, posted on AVVO.
(**Read other testimonials by clicking the “Resources” tab above, and then clicking on “Client Testimonials”).
You, your family, and your career are our top priorities. Gapasin Law Group, LLC will aggressively defend you to protect your rights, to win your case, and to give you your day in court. If you are serious about hiring a military defense attorney to defend you, call or email us now and we can discuss your matter privately and in confidence. We focus on winning tough cases.