Michael Waddington, a court martial lawyer, has represented thousands of military service members around the world, including cases in Iraq, Kuwait, Korea, Japan, and Afghanistan. When Mr. Waddington takes a case, he comes out swinging in an aggressive yet professional manner. He conducts a thorough and extensive investigation into the allegations, the evidence, and the witnesses. In particular, he looks for holes in the investigation and digs into the background of the Prosecution’s key witnesses. Often, we find that investigators have put words into the mouths of shady witnesses, prosecutors have “overlooked” key evidence, and the Government has stacked the charge sheet in order to scare the accused into caving in.
Below are real cases that Mr. Waddington has defended. Often, as noted below, court martial charges can be dismissed outright, withdrawn, dismissed under a discharge in lieu of court martial, or dismissed in exchange for NJP or other disposition. Before rushing to plead guilty, your lawyer should conduct a thorough investigation of the case. Call or e-mail us for a Free Consultation.
Note: These are real case results. However, all cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee a certain final outcome, to do so violates the Rules of Professional Responsibility.
Court Martials
Feb 2008 – U.S. v. Army E-4 – Schofield Barracks, Hawaii – FOB Warrior, Iraq
Army Scout accused of murdering an Iraqi detainee/insurgent. Client allegedly shot a wounded detainee twice in the head at a distance of 4 feet. Charged with 1st degree premeditated murder (mandatory minimum – life in prison). Client admitted to shooting at detainee. Fought charge at Article 32 & had charge reduced to 3rd degree murder (up to life in prison). Client rejected all plea deals & requested trial by an enlisted jury.
ACQUITTED OF MURDER, convicted of aggravated assault by offer (discharging the weapon near the detainee but missing him)
Sentence: RETAINED ON ACTIVE DUTY, 120 days in jail (will serve 100), reduced 2 grades, reprimand, NO FORFEITURES – Soldier will be paid while in jail. Will return to the unit and continue his career.
Feb 2008 – U.S. v. Army E-7 – Camp Red Cloud, Korea
18 year vet accused of stealing over $150,000 in BAH, OHA, FHA, & FSA. Successfully contested charges at Article 32. Proved amount was greatly exaggerated. Court martial charges withdrawn and soldier remains on Active Duty. Allowed to pay back much lower amount in dispute. Saved retirement.
Feb 2008 – U.S. v. Major Civilian Contractor, Iraq
Successfully advised & represented major U.S. civilian contractor in Iraq in one of the first potential UCMJ cases against a civilian contractor since the Vietnam War. Avoided UCMJ.
Jan 2008 – U.S. Army O-3 – Yongsan, South Korea
20 year vet court martialed for allegedly punching his 2 children with a closed fist, choking, and 3 charges of indecent acts on his minor daughter (8 charges total). Contested charges in front of an officer jury. Prosecution rejected a 3 year plea deal.
ACQUITTED OF ALL SEX CHARGES & BEATING CHARGES. Convicted of 2 lesser assault & battery charges.
Sentence: RETAINED ON ACTIVE DUTY, Reprimand, 100 days confinement.
Jan 2008 – U.S. Army E-3 – Camp Humphreys, South Korea
CID targeted major drug trafficking ring at Camp Humphreys. Client sold to undercover CID agents, arrested during a drug deal, & signed a detailed confession. Client charged with trafficking 55 pounds of marijuana (enough to make 50,000 joints), use, and attempted distribution. Client faced 47 years in prison and a DD. Negotiated extremely favorable plea deal that reduced drug amount. Sentence: 13 months in confinement, BCD
Dec 2007 – U.S. Navy E-8 – Jacksonville NAS, Florida
Retirement eligible master chief charged with disrespecting commanding officers & false official statement. Command intended to take retirement. Negotiated withdrawal of court martial charges and NJP on the condition that client could retire. Result: Client retired in Dec 2007 at E-8 with 20 years.
Nov 2007 – U.S. v. Army E-1 – Fort Gordon, Georgia – Soldier accused of running an international vehicle theft ring, making expensive sports cars “disappear” and filing theft reports and insurance claims, conspiracy to steal and attempted larceny of $39,000 from All State Insurance, and numerous other offenses. FBI and CID conducted a massive investigation. Started at Felony General Court Martial. Best offer was 24 months, then 18 months and a felony conviction. Fought charges at Article 32. Convinced 32 officer to reduce charges to a misdemeanor BCD special. Soldier confessed and FBI recorded 14 hours of his incriminating statements. Soldier had several past Field Grade Article 15s. Plead to misdemeanor charges without a deal in front of a judge. Beat the best plea deal offered by 9 months.
Oct 2007 – U.S. v. Army E-7 – Yongsan, South Korea – Senior NCOIC for 4 star GEN B.B. Bell and GEN LaPorte charged with 10 charges, facing over 70 years in prison. Command wanted to “make example” out of soldier. Charges included numerous counts of TDY fraud to New York City & DC x 4, larceny of travel funds for trips to NYC & DC x 4, conspiracy to steal Gov’t funds, lying on reenlistment documents to cover up past arrests and probation. Fought all charges at jury trial. A General, 3 Colonels, and 2 CW4′s testified against client. NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL.
Oct 2007 – U.S. v. Army E-6 – Yongsan, South Korea – Soldier faced 40 years in prison for promotion fraud, conspiracy to steal over $5,000, larceny, submitting forged college transcripts, ASVAB scores, and awards, and lying to CID and commander. We fought charges in front of a jury. Acquitted of lying to CID and award fraud. Convicted of promotion fraud and theft. Sentence: 45 days restriction, reduction to E-3, a fine, and 1 month forfeitures. NO JAIL TIME. RETAINED ON ACTIVE DUTY.
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