Bilecki & Tipon Legal Strategies & Tactics For Service Members In Hawaii
We Have the Knowledge, The Resources, and the Tenacity to Defend You in Court
Strategy matters. It matters more than a roomful of evidence piled up against
you, or a rock star witness that the prosecution is dying to let loose
in court. It’s the one thing that your
court martial lawyer needs to successfully tell your side of the story.
And without it, you’re as good as convicted.
Any lawyer can try a case in court; and any court martial attorney can
have a basic strategy in place. But not every court martial attorney is
a gunslinger. To be a true gunslinger, you need to come to the table with
conviction, determination, and above all, a tactical knowledge of what
to expect. That knowledge comes with years of experience, an exceptional
understanding of the UCMJ, and an unyielding grip on a client’s
account of events. And even then, it’s just a start to what will
eventually become your unbreakable strategy in court.
9 out of 10 Defense Team Strategies Fail During Court Martial Hearings
When it comes time to select an attorney to defend you in court, keep this in mind:
9 out of every 10 court martial defense “experts” are going
to get you convicted. You’re up against a 90% military conviction rate, which has been
the norm for years and isn’t going anywhere.
The same could be said of a service member’s chances of fighting
off outrageous divorce or child support outcomes in State court here in
Hawaii. More often than not you’ll be put through the ringer and
never even have a say in the matter. Does that make sense, especially
considering that you provided years of service to your country and its
citizens? It certainly doesn’t make sense to us.
It all comes down to one ugly truth: the deck is stacked against you. It
has been from the moment you were charged with a crime. Suddenly you’re
alone, fighting off the infinite resources of the U.S. Government, and
all you have between you and that 90% conviction rate is your legal team.
And if it isn’t obvious by now, you’ll need a team that’s
capable of beating the odds. Not just once, but over, and over, and over again.
The Bilecki & Tipon Pre-trial Strategy
One look at our case history will show that the Bilecki & Tipon team
consistently obtains outstanding results for its cases. If we were to
attribute one reason for this, it would be the sheer amount of legwork
we do beforehand to prepare our cases. Oftentimes that means performing
our own investigation into the case, rather than relying on the biased
evidence and testimony of the military’s law enforcement branches.
Other times it means securing the testimony of forensic experts to refute
the findings of the government’s own lab work, or locating other
witnesses that the government may have “overlooked” during
their criminal investigation. In cases where a “confession”
has been made by our client, we can scour the recordings of the interrogation,
as well as the location where our client was being held.
It all comes down to the charges made against you. It’s our job to
refute those charges and keep your narrative at the forefront of the trial
from start to finish.
Preliminary Hearings and the Government’s Attempt to Turn Them Against You
In 2015, the rights of service members facing allegations of criminal acts
were substantially undermined. This is due to the recent Article 32 Preliminary
Hearing changes, which effectively guts the defense’s ability to
build a stronger case at the hearing before moving on to the actual trial.
Many court martial defense attorneys, both here in Hawaii and elsewhere, make the
strategic decision to waive
the preliminary hearing entirely, so that the government doesn’t get a look at the defense strategy
prior to trial.
Prosecutors, on the other hand, love the new changes to the preliminary
hearing because it gives them more control over their witness testimony
and evidence. You can read more about the changes to the preliminary hearing
on our site, but in short, what used to be a discovery tool for the defense
has now been reduced to a single objective, which is to identify whether
or not there are reasonable grounds to believe that an accused service
member committed the charged crime.
Even with these new changes, our core mission remains the same: look for
clues that give away the prosecution’s hand, without giving away
our own. While preliminary hearings may not be the extremely useful tools
they once were, in certain circumstances, they can still provide a wealth
of information, and any decision to attend or waive the pre-trial hearing
should be made very carefully and in conjunction with the defense strategy.
Aggressive Cross-Examinations Can and Do Win Trials
A blistering cross-examination can completely devastate even the most prepared
witnesses, and take what appears to be a “credible” alleged
victim and show them for what they likely are: a liar, a cheat and a perjurer.
Not every court martial attorney can pull off these kinds of techniques
in court. The attorneys that can, however, are well-known for it, and
it has made them all but priceless to the men and women that they defend in court.
The Bilecki & Tipon team understands the worth of aggressive and heavy-hitting
cross examinations. A flurry of questions aimed at an unsuspecting witness
can destroy their story and leave them open-mouthed before the jury. In
many instances, a single witness will prop up the prosecution’s
entire case. Once that testimony has been proven questionable, everything
else begins to unravel.
It took us years to master the art of cross-examination. It takes supreme
confidence, a thorough defense investigation, and utter conviction in
our client’s narrative. If any one of these critical ingredients
is missing, a cross examination will fall flat, and often the hopes of
a not-guilty verdict along with it.
The Prosecution’s Edge: The “Credibility Deficit”
Something must be going on if the prosecution can secure a 90% conviction
rate without batting an eyelash. As it turns out, a jury is almost always
initially inclined to trust the prosecution over the defense. While the
Constitution guarantees that we’re all innocent until proven guilty,
that isn’t always at the forefront of a jury member’s mind
when he or she sees you sitting there fighting off charges of sexual assault,
fraud, violent assault, or any number of felony-level accusations.
This is called the “credibility deficit,” and it’s one
of the reasons why you’ll be fighting an uphill battle from the
minute you enter court to the moment you leave it. It takes a true gunslinger
to get around this natural bias. First, that gunslinger needs to make
up lost ground by preparing a strong case and even stronger evidence in
his client’s favor. Next, he has to undermine the government’s
narrative and prove that it is the defense team – and not the prosecution
– that brings credibility to the court in the first place. Only
once these two objectives have been met can a true courtroom gunslinger
break that credibility deficit apart and get you back on even footing.
With the Right Strategy, You Can Create a Winning Narrative in Court
You’re facing charges that could force you out of the armed forces,
land you in prison, ruin your good name, or worse. You simply cannot afford
to risk your future on one trial’s outcome without putting up a fight.
Bilecki & Tipon LLLC has the strategies and tactics in place to help you tell
your side of the story. If you’re prepared to fight the charges against
you, then you need to call us and set up your initial consultation TODAY.
Call us anytime, day or night, 24 hours a day, 7 days a week, at (800) 996-9747.