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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.
Wes McConnell, Atty. at Law, Of Counsel
- TRIAL LAWYER FOR 15 YEARS
- Former Air Force JAG Senior Defense Counsel, and Area Defense Counsel (ADC),
- Former Senior Trial Counsel, detailed to High-Profile and Article 120 Sexual Assault Trials,
- Former Staff Judge Advocate (deployed),
- Lieutenant Colonel (Air Force Reserves) who also served in the Middle East,
- Former Legal Advisor to Investigating Officers,
- Former Article 32 Hearing Officer,
- Prior Enlisted in United States Navy,
- Defended Appeals with the Merit Systems Protection Board (MSPB) and EEOC, 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.”
Fox2 News covers high-profile military trial and interviews lead defense counsel, Mr. Gapasin.
Consider These 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.)
April 15, 2013, U.S. v. O-3, United States Army, Fort Polk, Louisiana. U.S. v. O-3. Officer is charged with 29 specifications under the UCMJ. He faces life imprisonment for various specifications of alleged domestic violence and sexual assault against his girlfriend. Officer denies these allegations and refuses to agree to a guilty plea proposed by the Government to his detailed military counsel. Any guilty plea would have resulted in confinement for over 10+ years. Instead, Officer retains Mr. Gapasin. Government counsel takes case to trial. Gapasin is fully prepared and the Government aggressively prosecutes his client. Gapasin puts on a defense that includes an aggressive cross-examination of the alleged victim, revealing a number of inconsistencies and contradictions throughout her testimony as well as a motive to lie in order to avoid punishment from the military for her own misconduct. Client is acquitted of multiple specifications in include the following offenses: acquitted of attempt murder, acquitted of rape, acquitted of kidnapping, stalking and a majority of the assault and battery allegations. Though found guilty of certain military-specific offenses, client avoids life in prison as well as sex offender registration. Client to serve only minimal punishment due to successful motion litigated by Gapasin resulting in confinement credit of over 600 days. RESULT: Acquitted of Both Specifications of Attempt Murder. Acquitted of all Rape Charges. NO Sex Offender Registration.
August 10, 2017, U.S. v. E-6, United States Air Force, F.E. Warren AFB, Cheyenne, Wyoming. Tech Sergeant is accused by ex-wife of rape after drinks at a resort hotel in Guam. She makes the allegation when she is speaking with her commander. She “unintentionally” makes an unrestricted report of rape when discussing her concerns about being medically discharged from the Air Force. She alleges that the Tech Sergeant violently raped her resulting in significant hip injuries that affected her PT and other matters. This “unintentional” reporting results in an investigation and the preferral of a charge of rape. Tech Sergeant retains Mr. Gapasin to represent him in his court-martial. Gapasin attends the Article 32 Preliminary Hearing and argues that even with the low burden of proof at the Article 32 Preliminary Hearing, the Government fails to present sufficient evidence of “force” as is required for the offense of rape per the 2007-2012 version of the offense. The Preliminary Hearing Officer (PHO) agrees with Gapasin and recommends dismissal. However, whether prompted by her Special Victim Counsel (SVC) or someone else, the alleged victim provides a second interview with OSI. The Staff Judge Advocate (SJA) commits an ex parte violation by “unofficially” (as put by the SJA in an email) contacting the PHO and requesting his advice to conduct a re-hearing on behalf of the alleged victim. A second hearing is scheduled based on the alleged victim’s second statement to OSI. Gapasin objects on the basis of Unlawful Command Influence (UCI), the SJA’s ex parte violation and on other grounds. Gapasin preserves all objections should the Government refer the case to trial. Gapasin argues at the second Article 32 Preliminary Hearing that even with her second statement, the Government again fails to establish the “force” element of rape. He also notes contradictions and inconsistencies between both of her statements. Subsequently, the PHO issues another recommendation for dismissal. RESULT: Following two Article 32 Preliminary Hearings resulting in Recommendations For Dismissal, the Government DISMISSES the Charge and Specification of Rape.
October 13, 2017, U.S. v. O-2, United States Army, 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.
See More Case Results From 2008 To Present (click here)
2 Scott Air Force Base MPs Face Courts-Martial For Trafficking Drugs On Base And In Soulard
Why Hire NG Law Military Lawyers?
Exclusively Focused On Military Criminal Defense And Separation Boards.
Newson & Gapasin, LLC is an aggressive, top-quality law firm of Military Defense Attorneys 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 Newson & Gapasin, 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 Newson & Gapasin, 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. Newson & Gapasin, 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.
