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.