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Case Results

Below are the most recent case results achieved by the attorneys at Capovilla & Williams.  Each result has been earned since 1 JAN 2020.

U.S. v. E-6

 

Negligent Homicide, Dereliction of Duty, and False Statement

Our E-6 client was accused of negligent homicide and dereliction of duty when the tank he was leading struck a tree, which killed a trainee.  The E-6 was placed under investigation for 14 months, flagged, and blamed for the death of the trainee, which was a tragic accident. The E-6 hired the Capovilla & Williams to protect his rights, conduct an independent investigation, and represent him at trial if the Government charged him with this serious crime.

After months of investigation and talking to witnesses, the Attorney’s at Capovilla & Williams discovered that several of the witnesses changed their stories and made inconsistent statements regarding the events.  Moreover, we discovered that the communication equipment assigned to our client during the training mission were not working properly and had not been working properly for months and months.  The command team knew about the issues with the equipment but did not take any action to fix the problem.  This led to serious communication issues in the field.  After all these witness interviews and investigations were finalized, the Government did not charge our client with any crimes and they did not prefer charges against him.  Instead, the Government concluded that the accident was not the fault of our client.

Result

No courts-martial.  No criminal record. No jail time.


U.S. v. E-3

 

Sexual Assault

Our E-3 client was accused of sexual assault by another Sailor.  The allegations stated that our client sexually assaulted the accuser in a hotel room while the accuser was intoxicated and did not consent. Upon receiving the case file, it became immediately clear that NCIS did not interview everyone who attended the hotel party and only spoke to the two witnesses at the party who were friends with the accuser. Upon realizing this, the Attorneys Capovilla & Williams immediately turned to our firm investigator, Eric Echols, to launch a full investigation into the allegations.

Mr. Echols interviewed several people that NCIS never spoke to and during that interview we discovered that the Accuser was facing charges for fraud, false official statement, and larceny.  Moreover, we discovered that the Accuser made this report of sexual assault against our client on the same day that the accuser was notified of the charges against her.  It became very clear that the accuser was only reporting these allegations to protect herself and get herself a better deal from the Navy.  In fact, after making these allegations, the Navy did not charge her with any crimes despite committing felony level offenses.

About 2 months before trial, the Government informed the Attorney’s at Capovilla & Williams that the accuser “would support a separation in lieu of trial.” Despite this offer, the E-3 refused to admit any wrongdoing and called the Government’s bluff.  2 weeks before trial was scheduled to start, the Government dismissed all charges and the E-3 was cleared of all wrongdoing.  Incredible win.

Result

No courts-martial.  No sex-offender registration.  No jail time.  No criminal record.  The E-3 is back with his unti and working as a Navy Diver.


U.S. v. E-3

 

Domestic Violence

Our E-3 client hired Capovilla & Williams after his spouse accused him of domestic violence.  Shortly after being hired, the Attorneys at Capovilla & Williams discovered that the accuser was planning on divorcing our client and was likely using these allegations to gain custody of their daughter.  We reached out to the accuser’s ex-husband and found out that the accuser was also alleging that her ex-husband abused her and was using that information in family court to gain custody of her child with her ex. Upon learning this, the Attorney’s at Capovilla & Williams also found out that the lied under oath several times to a family law judge.  After several months of investigation, the Air Force did not prefer charges against our client for domestic violence and the criminal allegations against our client were dropped.Our E-3 client hired Capovilla & Williams after his spouse accused him of domestic violence.  Shortly after being hired, the Attorneys at Capovilla & Williams discovered that the accuser was planning on divorcing our client and was likely using these allegations to gain custody of their daughter.  We reached out to the accuser’s ex-husband and found out that the accuser was also alleging that her ex-husband abused her and was using that information in family court to gain custody of her child with her ex. Upon learning this, the Attorney’s at Capovilla & Williams also found out that the lied under oath several times to a family law judge.  After several months of investigation, the Air Force did not prefer charges against our client for domestic violence and the criminal allegations against our client were dropped.

Result

No courts-martial.  No jail time.  No criminal record.


U.S. v. E-7

 

False Official Statement

Our client was an 18-year veteran of the United States Army and E-7 on the promotion list for E-8.  He was a graduate of the Special Forces Qualification Course and had served nearly his entire career in special operations.  He is the veteran of several employments and the recipient of several medals for bravery under fire.  Despite all of his accomplishments, CID claimed that he lied to investigators back in 2011 for failing to reveal that he was convicted of a misdemeanor charge that was over 10 years old.

The E-7 was then notified of General Officer Memorandum of Reprimand for allegedly making a lying during his background investigation. With the help of the E-7, Attorney’s Capovilla and Williams were able to find the transcripts of the interview that the E-7 had with the investigator.  Our client told the investigator during the interview about the conviction and revealed it to his chain of command. This vindicated the Soldier who is now set to retire with all of his retirement intact.

Result

No courts-martial!  No separation board!  GOMOR filed locally.  Retirement preserved.


U.S. v. E-7

 

Abusive Sexual Contact and Sexual Harassment

Our client was an 18-year veteran of the United States Army, a husband, and a father.  He was initially accused by a junior Soldier of grabbing her butt without her permission. Within a few months, 5 more complaining witnesses came forward and accused our client of similar offenses.  After a motions hearing, the Government dismissed one specification and the judge ruled that there was insufficient evidence to use two of the other allegations as propensity evidence. Attorney Capovilla able to prove that at the time these other accusers alleged they were assaulted, our client was not in the same state and that according to his orders he was more than 300 miles away.

After 13 months of litigation, the Government was left with one accuser on the charge sheet and one accuser that they intended on using as propensity evidence.  During trial, Attorney Capovilla was able to impeach the accuser’s credibility several different times and he called two witnesses to testify that the accuser was not an honest person.  After 13 months of litigation, 5 accusers, several motions, and trial the E-7 was fully acquitted of all charges and finally went home to his family a free man.

Result

Full Acquittal!  No sex offender registration!  No jail time!  Retirement Preserved!


 

U.S. v. E-6

 

Sexual Assault

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When we were first hired on this case, the assigned military counsel thought that the client should plead guilty. The situation looked dire. My client was an E-6 Navy Diver and one of the first African Americans to graduate from the Navy Diver program. When I first reviewed the charge sheet, I realized that this […]

Result

Full ACQUITTAL. NOT Guilty of all charges. NO jail time. NO sex-offender registration.


 

U.S. v. E-6

 

Negligent Homicide and Manslaughter

JAX Naval Station

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September 2020. In 2018, we were retained to represent an E-6 in the United States Navy. Our client was accused of negligent homicide, manslaughter, obstruction of justice, damage to government property, conspiracy, DUI with bodily harm, and an array of Article 92 violations. The Government alleged that our client was accused of killing a Djiboutian […]

Result

Negligent Homicide DROPPED. Manslaughter DROPPED. DUI with Bodily Harm DROPPED. Obstruction of Justice DROPPED.


 

U.S. v. W01

 

Sexual Assault

Fort Rucker, AL

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September 2020. Our client was accused of domestic violence, sexual assault, and indecent recording. When we first reviewed the evidence, we realized almost immediately that the Accuser was originally suspected of sexual assault for having sexual relations with our client’s wife from the same night in question. The Accuser was also a Warrant Officer and […]

Result

NO conviction. NO Sex Offender Registration. NO Dishonorable Discharge. ALL charges dropped.


 

US v. E-6

 

Sexual Assault

Key West, Florida

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My client was falsely accused by a young woman who wanted to save her marriage. That was my case. Three months before the accuser claimed my client sexually assaulted her, she was caught having an “emotional” affair on her husband. Her husband called the guy, met him in a parking lot, and broke his nose. […]

Result

FULL ACQUITTAL. No sex offender registration. No jail time.


 

U. v. E-5

 

Indecent Recording

Fort Bragg, North Carolina

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17 August 2020. An E-5 is accused of recording sexual acts with his accuser without her consent and in violation of right to privacy. The E-5 hires Capovilla & Williams the day after OSI wanted to speak to him and told him that he was in serious trouble. Robert and Mickey conduct a thorough investigation […]

Result

NO charges. Case DROPPED. NO jailtime. NO sex offender registration.


 

U.S. v. E-5

 

Sexual Assault

Seymour Johnson AFB, North Carolina

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15 August 2020. The client was a member of the Security Forces Squadron. While attending TDY in the Florida Keys, a female member of his unit accuses him of sexual assault. The SSgt hires Capovilla & Williams to represent him and to ensure that his rights are protected. After conducting a year-long investigation, the SSgt […]

Result

Full ACQUITTAL. Not GUILTY of all charges. NO jail time. NO sex-offender registration.


 

U.S. v. E-8

 

Sexual Assault

Fort Bragg, North Carolina

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7 August 2020. MSG is a member of the Delta Force at Fort Bragg. His ex-wife accuses him of sexually assaulting her numerous times after he filed to obtain physical custody of their children. The MSG hires Capovilla & Williams to conduct a pretrial investigation and to uncover the truth. Robert Capovilla and Mickey Williams […]

Result

NO charges. NO courts-martial. NO jailtime. NO sex offender registration.


 

U.S. v. E-6

 

Sexual Assault

Norfolk Naval Station, VA

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2 August 2020. E-6 client is accused of sexual assault by a friend of his in the unit. The E-6 hires Capovilla & Williams to conduct a pretrial investigation into the allegations. Within 10 days, Robert Capovilla and Mickey Williams speak to six witnesses who were there the day of the alleged assault. Each witness […]

Result

NO charges. Case DROPPED. NO jailtime. NO sex offender registration.


 

US v. E-5

 

Sexual harassment and obstruction of justice

Fort Eustis, VA

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SGT was accused of maltreatment via sexual harassment but a junior soldier in his platoon. The accuser claimed that the SGT had sent her nude photos of himself and made comments of a sexual nature to her. The SGT hired Mr. Capovilla after he was officially charged and facing a courts-martial. There were rumors in […]

Result

CASE DISMISSED! No courts-martial. NO conviction. Both the boyfriend and accuser are now under investigation for perjury!


 

US v. E-5

 

BAH Fraud

Fort Polk, LA

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On June 1, 2020, Robert Capovilla helped represent a former 2nd Ranger Battalion member accused of entering a false marriage and referred to a general court martial at Fort Polk, Louisiana. At the start of the case, the client’s unit notified the client that they wanted a General Courts-Martial, 2 years confinement, and a punitive […]

Result

No courts-martial. No punitive discharge. No jail time. No federal conviction.


 

US v. 0-4

 

Abusive Sexual Contact

Fort Buchanan, Puerto Rico

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O-4 is accused of committing sexual harassment and possibly abusive sexual contact against a member of his team. Robert Capovilla serves as the 0-4’s attorney and represented throughout the process. Mr. Capovilla discovers that there were 3 other people in the room when the alleged misconduct occurred and not one them saw the 0-4 commit […]

Result

NO courts-martial. NO BOI. GOMOR filed in 0-4’s local file.


 

US v. E-7

 

Domestic Violence

Fort Benning, GA

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Client hires Robert Capovilla after his wife falsely accuses him of domestic violence. The command initially intends to courts-martial the client. Mr. Capovilla interviews the complaining witness and she writes a sworn statement that the Soldier did not commit domestic violence against her. Despite this admission, the command still decided to issue a GOMOR against […]

Result

NO SEPARATION. NO CHARGES. GOMOR filed in client’s local file


 

US v. E-5

 

Dereliction of Duty

Fort Campbell, KY

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The soldier hired Robert Capovilla after he was accused of being derelict in the performance of his duties while down range in Syria. The case was covered by national media including the Military Times and the Army Times. In short, the SGT was accused of contributing to the death of one of his Soldiers who […]

Result

No courts-martial. No conviction. No criminal record. No jail time


 

US v. 0-6

 

Sexual Assault

Quantico, Virginia

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Mickey Williams and his co-counsel represented a 33-year United States Marine Corps Colonel (with multiple tours in reconnaissance) in a Board of Inquiry at Quantico, Virginia. The board, chaired by a Major General and including two Brigadier Generals, was asked to consider whether the officer had committed acts of sexual assault upon a DoD contractor […]

Result

No courts-martial. No separation. No OTH. No loss of benefits. Client will retire in 2020 with full benefits.


 

US v. E-4

 

Sexual Assault and Abusive Sexual Contact

Fort Bragg, North Carolina

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The Soldier hired Robert Capovilla when he was accused of sexual assault and communicating a threat to his company and battalion commanders. In total, the Soldier faced 9 different specifications. After allegedly threatening his command, the Government placed the Soldier in pretrial confinement. Mr. Capovilla immediately contacted the military prosecutor, interviewed witnesses, and prepared for […]

Result

No courts-martial. No conviction. No sex offender registration. Client released from PTC.


 

US v. E6

 

Sexual Assault

Maxwell AFB

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TSgt is accused of sexual assault by a co-worker after a TDY trip. The TSgt hired Robert Capovilla to help him fight these charges. Mr. Capovilla immediately files a preservation request with the Government to ensure that exculpatory evidence is preserved. Mr. Capovilla and his team conducted over 30 interviews to prepare for the trial. […]

Result

No sex offender registration. No Article 120 Conviction.


 

United States Army Reserve

 

Sexual Harassment

East Point, Georgia

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Captain (CPT) is accused of sexual harassment and conduct unbecoming an officer when he was sent on temporary duty to Japan and was accompanied by a female interpreter who later claimed that the CPT made lewd comments and asked inappropriate questions of her regarding Japanese culture. CPT denies all allegations and further states that the […]

Result

RETAINED, MISCONDUCT UNFOUNDED, NO LOSS OF MILITARY BENEFITS, NO PUNISHMENT


 

US v. Cadet

 

Maltreatment and Hazing

University of North Georgia

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Cadet (CDT), along with 12 other CDTs, is accused of hazing and lying school to officials about an incident involving another CDT who suffered alcohol poisoning. CDT is issued a leave of absence from the Army Reserve Officer Training Corps (ROTC) which prevents him from being able to attend ROTC required classes, events, and receive […]

Result

CDT RETAINED, MISCONDUCT UNFOUNDED, NO LOSS OF SCHOLARSHIP, NO RECOUPMENT OF TUITION, NO FORCED ENLISTMENT


 

US v. E-5

 

Drug Urinalysis

Fort Jackson, South Carolina

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Sergeant (SGT) is accused of wrongfully using marijuana when SGT’s urinalysis comes back positive for THC. SGT denies the allegation. SGT’s command initiates Nonjudicial Punishment against SGT which would reduce the SGT in rank, reduce SGT’s pay, and ruin SGT’s chances of future service. SGT retains Mickey Williams. Mickey Williams and his team interview members […]

Result

SGT NOT GUILTY, NO LOSS OF RANK, NO LOSS OF PAY, NO PUNISHMENT.


 

US v. 0-2

 

Domestic Violence

United States Army Reserves

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1LT is accused of domestic violence by his wife. His unit informs him that they will be initiating a board of inquiry against him and reprimanding him with a General Letter of Reprimand. Robert Capovilla helps conduct an extensive investigation, interviews the complaining witness, and files a response to the 1LT’s notification of a GOMOR. […]

Result

Command destroys the GOMOR. Charges Dropped. No BOI.


 

US v. E-7

 

Drug Urinalysis

United States Navy Recruiting Command, Tennessee

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HM2 Alliano hired Robert Capovilla after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place […]

Result

HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.


 

US v. E-3

 

Sexual Assault

Warren Robbins AFB, Georgia

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A1C is accused of sexual assault by a female that works in his unit. The accuser claims that the A1C sexually assaulted her while she slept on the A1C’s couch. The A1C is informed that his unit plans to Court-Martial him for sexual assault. The A1C hires Robert Capovilla to represent him. Robert Capovilla and […]

Result

NO SEPARATION BOARD. NO COURTS-MARTIAL. NO SEX OFFENDER REGISTRATION. ALL CHARGES DROPPED


 

United States Army Reserves

 

Elkhart, Indiana

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E-5 client hires Robert Capovilla when her command informs her that they intend to separate her from the United States Army for failure to appear to duty. E-5 adamantly states that she is innocent of all charges. Mr. Capovilla collects a series of emails from the E-5, which show that she was in fact at […]

Result

Charges Dropped. No NJP. No Separation Hearing


 

US v. E-4

 

Assault

Fort Lee, Virginia

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SPC is accused of assaulting a fellow Soldier during Advanced Individual Training. The SPC is one week away from graduating and his unit informs the SPC that he may be separated from the United States Army. The SPC hires Robert Capovilla to represent him. The first thing Mr. Capovilla does is interview the witnesses to […]

Result

Charges Dropped. SPC graduated AIT. No courts-martial. No Article 15.


 

US v. WO1

 

Voucher Fraud

Fort Bragg, North Carolina

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WO1 is accused of committing fraud against the United States Government and is told that he is likely facing a General Courts-Martial. WO1 hires Robert Capovilla to assist him during the course of the investigation and to ensure that his rights are protected. After a thorough investigation by CID and the DoD, Mr. Capovilla convinces […]

Result

Charges Dropped. No Courts-Martial. No Board of Inquiry.


 

US v. E-7

 

Failed Urinalysis

Fort Benning, GA

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Mickey Williams wins big at Fort Benning, GA. Our client was an E-7, 11B, with over 16 years of active duty service. He has deployed 3 times, served in combat, and is devoted father and husband. Our client was accused of wrongfully ingesting THC during holiday block leave. On our recommendation, the client turns down an Article […]

Result

Client RETAINED. NO OTH. NO SEPARATION. NO LOSS OF RETIREMENT


 

US v. E-1

 

Sexual Assault

Fort Campbell, KY

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Private (PVT) is accused of sexual assault when he and a friend bring two girls back to the barracks for drinks and a movie. It is alleged that PVT took the accuser back to his room and forced her to have sex with him and recorded it on his cellphone via Snapchat. PVT retains Mickey […]

Result

CASE DISMISSED, NO COURT-MARTIAL, NO FEDERAL CONVICTION, NO SEX OFFENDER REGISTRATION


 

US v. 0-3

 

DUI

Ft. Campbell, KY

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Special Forces Captain (CPT) is sent to an administrative separation board for receiving a DUI in 2017. CPT retains Mickey Williams to represent him at his separation board. Mr. Williams learns that CPT, a green beret, has numerous combat deployments with Special Forces and suffers from significant traumatic brain injuries and post-traumatic stress disorder. CPT also suffers […]

Result

CPT ALLOWED TO RETIRE, NO LOSS OF MILITARY BENEFITS, NO PUNISHMENT.


 

US v. E-4

 

AWOL

Fort Riley, Kansas

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Robert Capovilla convinces E-4’s command to drop all charges preferred against the E-4 for AWOL. The E-4 and his family hired Mr. Capovilla after the E-4 left his unit upon finding out that his father was diagnosed with a very serious medical condition. Mr. Williams contacts the E-4’s Commander and successfully negotiates the E-4’s return […]

Result

ALL CHARGES DROPPED. NO federal conviction. NO jail time. NO punitive discharge.


 

Lieutenant Colonel (LTC)

 

Domestic Violence

Fort Campbell, Kentucky

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LTC is accused of domestic violence when his spouse filed a complaint with the local authorities alleging that LTC was preventing her from leaving, causing her vehicle to fail to start, sending her threatening text messages, and stalking her at a friend’s house. The Command issues a FLAG on LTC preventing him from getting promoted […]

Result

CASE DISMISSED, LTC Promoted to COL, All Restrictions Lifted, No Punishment.


 

US v. E-4

 

Sexual Assault and Abusive Sexual Contact

Fort Sill, Oklahoma

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Soldier is accused of sexual assault and abusive sexual contact by a female trainee at AIT. During trial, Robert Capovilla exposes the accuser during an aggressive cross examination. Mr. Capovilla show the panel that the accuser sent him several nude photos of herself and lied to CID about those photos. Mr. Capovilla exposes the Government’s […]

Result

FULL ACQUITTAL. No sex offender registration. No jail time. Our client is now with a line unit and he was recently promoted.


 

US v. E-7

 

Abusive Sexual Contact

Fort Lee, VA

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E-7 client is a 19-year veteran of the United States Army. He is accused of touching a female trainee inappropriately during a training event. The E-7 is facing jail time, sex offender registration, and the loss of his retirement. Robert Capovilla and his co-counsel conduct a thorough investigation into the allegations, guide the E-7 through […]

Result

No sex offender registration. No DD. Client will retire next month with all of his benefits intact.


 

Army Reserve Officer Training Corps (ROTC)

 

Failure to Obey a Lawful Order, Undesirable Character, and Conduct Unbecoming

Austin Peay State University, Clarksville, TN.

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Cadet (CDT) was accused of “undesirable character” when his girlfriend filed a restraining order against him. The Professor of Military Science (PMS) initiated a disenrollment board in order to remove the CDT from the program and either require him to pay back all of his tuition (thousands of dollars) or enlist into the Regular Army […]

Result

CDT RETAINED in ROTC, allowed to continue to Advance Camp and Commission into the United States Army


 

Naval Reserve Officers Training Corps (NROTC) Disenrollment

 

Order Violations

Florida A&M University

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Midshipman joined the NROTC program with the hopes of becoming a Marine Officer. Marine excelled in school and exceeded all Naval physical requirements. Eventually, however, Midshipman suffers an injury that requires him to take a break from the program. During the break, Midshipman becomes depressed and begins to seek mental health treatment. The treatment fails […]

Result

Midshipman not required to pay back any money.


 

US v. 0-2, Coast Guard

 

Sexual Assault

Alameda, California

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Junior officer is accused of sexually assaulting a female cadet from the Coast Guard Academy. Allegations state that our client sexually assaulted a female cadet while she was drunk and not willing to consent. Robert Capovilla files motions seeking to admit evidence that the accuser had a boyfriend at the time of the incident, fabricated […]

Result

Charges withdrawn and DISMISSED. No jailtime. No sex offender registration


 

US v. E-7

 

Domestic Violence

Fort Benning, GA

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E-7 client who has served in the Army for 19 years is accused of committing domestic violence against his E-7 wife. The original allegations are that our client sexually assaulted and then attacked his wife. Robert Capovilla works hard to uncover the truth and the sexual assault allegations are withdrawn when command learns that the […]

Result

GOMOR destroyed. No separation board. Our client is preparing his retirement paperwork.


 

U.S. v. E-5

 

Sexual Assault

United States Air Force Base, Utah

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SSgt Client hires Robert Capovilla after being accused of sexual assault by a woman he met on Tinder. Mr. Capovilla conducts an extensive investigation and finds out that every eyewitness believes the sex was consensual. The civilian sheriff’s office drops the case in 2 days. However, OSI picks the case up and the USAF refers […]

Result

NO Conviction. Charges DISMISSED. NO sex offender registration. NO reduction in rank.


 

U.S. v. E-3

 

Article 112(a), Illegal Use of Drugs

Wright Patterson, AFB

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E-5 hires Robert Capovilla to represent him after the Air Force charges him with several specifications of Article 112(a), use of illegal drugs. After Mr. Capovilla conducts a thorough investigation, he discovers that the Air Force employed a “snitch” or under-cover informant to incriminate the E-5. Mr. Capovilla finds out that the snitch engaged in […]

Result

Charges Dismissed. No confinement. NO punitive discharge. NO reduction in rank.


 

U.S. v. M.D, (E-6)

 

Sexual Assault, Sexual Harassment, and Assault

Jacksonville Naval Base, Florida

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M.D. hires Mickey Williams to represent him before an administrative separation hearing for charges of failure to follow DoD orders regarding sexual harassment (Art. 92), sexual harassment of subordinate, assault (Art. 128), and sexual assault (Art. 120). The Navy takes actions to prevent M.D. from hiring the civilian counsel of his choice by refusing to […]

Result

Sailor fully retained in service and returned to full duty status. No Separation. No NJP.


 

U.S. v. E-5

 

Sexual Assault

United States Army – Overseas Tour

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T.C. hires Robert Capovilla after he is notified that he is under investigation for sexual assault and possibly child pornography. Mr. Capovilla conducts a preliminary investigation, speaks to law enforcement officials, and communicates with T.C.’s overseas defense attorney. After approximately 8 months of investigation, the Army drops the sexual assault investigation and the child pornography […]

Result

No federal conviction. NO sex offender registration. No punitive discharge.


 

U.S. v. M.B. (E-1)

 

Article 120 – Sexual Assault

Fort Benning, GA

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M.B. hires Robert Capovilla after he finds out that a woman from his home town is claiming that M.B. sexually assaulted her. M.B. is a trainee at Fort Benning, GA when local law enforcement requests to interview him for the alleged misconduct. Mr. Capovilla immediately assigns one of his experienced investigators to the case. After […]

Result

Investigation dropped. M.B. allowed to graduate from basic training. No conviction. No separation. No NJP.


 

U.S. v. E-7, United States Army

 

Sexual Assault and Domestic Violence

Fort Benning, GA

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SFC’s spouse accuses him of sexual assault, domestic violence, and child abuse after he finds out that she was having an affair. The SFC is FLAGGED, bared from promotion, removed from his primary duties, and told that the Government may court-martial him and take his retirement after 18 years of dedicated service and several combat […]

Result

No court-martial. No jail time. No sex offender registration. No separation board. No Article 15. The SFC is set to retire next year with all of his benefits intact


 

U.S. v. E-5, United States Air Force

 

Sexual Assault and Abusive Sexual Contact

Nellis AFB, Las Vegas, NV

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SSgt Airman is notified that he is under investigation for abusive sexual assault and possible sexual assault. The SSgt decides to retain Mr. Robert Capovilla to represent him during the investigation and possible court-martial. Mr. Capovilla speaks with the SSgt over 20 times on the phone, conducts several conference calls with him, interviews witnesses, and […]

Result

No court-martial. No jail time. No sex offender registration. No federal conviction.


 

U.S. v. E-4, United States Army

 

Indecent Viewing

Fort Bragg, North Carolina

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Army Specialist is under investigation for 6 months for allegedly video recording a female in the act of consensual sex. The Specialists command informs him that they will court-martial him before his ETS date. The Specialist hires Robert Capovilla to represent him. The first thing Mr. Capovilla does is assign one of the firms investigators […]

Result

No court-martial. No jail time. No Article 15. All charges dropped. No reduction in rank. The Specialist will leave the Army with an honorable discharge.


 

U.S. v. O-5, United States Navy

 

Drug Distribution

Naval Station San Diego, California

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Navy CDR (O-5) with 24 years of service pleads guilty in federal court conspiring in the receipt and distribution of a large quantity of narcotics. While awaiting separation, the Navy convenes a Board of Inquiry to separate the officer with a reduced retirement grade of LCDR (O-4), which would have cost him approximately $250,000 in […]

Result

RETIREMENT AT CURRENT RANK, NO Loss of Benefits.


 

United States Coast Guard

 

Sexual Assault, Child Abuse, and Adultery

Coast Guard Headquarters, District of Columbia

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Coast Guard Sailor with 17 years of combined federal service is accused of raping his wife, assaulting his children, adultery and sexually assaulting another Sailor. Nathan Freeburg works tirelessly to expose the wife’s lies as well as her motive to fabricate, which was her attempts at gaining full custody of their child. Following Freeburg’s inquiries […]

Result

FULL RETENTION, NO DISCHARGE, and NO Federal Conviction from a Court-Martial.


 

U.S. v. E-5, United States Army

 

DUI

Fort Campbell, Kentucky

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Sergeant (SGT) is accused of driving under the influence in Clarksville, Tennessee. The Command initiates a General Officer Memorandum of Reprimand (GOMOR) and separation proceedings. SGT retains the firm and Mr. Mickey Williams begins to investigate the case. Williams learns that the client has fewer than five years of active duty service, which means that […]

Result

FULLY RETAINED, NO punishment, NO loss of rank and NO loss of military benefits.


 

U.S. v. CDT, United States Military Academy (USMA)

 

Sexual Assault

West Point, New York

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Cadet (CDT) is accused of sexually assaulting another CDT in her dorm room. USMA launches an investigation and determines that there is probable cause to go to trial. CDT proclaims his innocence and even subjects himself to a polygraph examination. USMA prefers charges against CDT and he immediately retains Mr. Mickey Williams to defend him […]

Result

Case DISMISSED, NO CONVICTION, NO Sex Offender Registration, NO Confinement.


 

U.S. v. E-6, United States Navy

 

Sexual Assault and Abusive Sexual Contact

Norfolk, Virginia

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The BU1 (E-6), who was an underwater construction diver, is accused by two (2) women of abusive sexual contact, aggravated sexual contact, and sexual harassment. BU1 retains Mr. Robert Capovilla. The Government alleges that BU1 sexually assaulted these woman and refers charges to courts-martial. At trial, the Government calls six (6) witnesses and introduces a […]

Result

NOT GUILTY to ALL Charges and their Specifications. NO Confinement. NO reduction in rank. NO Federal Conviction. NO Sex-Offender Registration. Mr. Capovilla’s client is continuing his career as a Navy Diver.


 

U.S. v. E-7, United States Air Force

 

Sexual Assault

Scott Air Force Base, Illinois

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MSgt (E-7) is accused of importing steroids, illegally possessing prescription diet pills, battering, threatening and sexually assaulting his spouse. Three years earlier, spouse suspects husband of having an affair and begins collecting evidence to gain leverage over him in divorce proceedings. Spouse places baby monitors in various rooms of the house and records all conversations […]

Result

NOT GUILTY of Sexual Assault. NO Sex Offender Registration. Only minimal punishment for other charged offenses.


 

U.S. v. Cadet, United States Air Force

 

Sexual Assault and Abusive Sexual Contact

Air Force Academy, Colorado Springs, Colorado

View Case

Cadet is placed under investigation for over a year for allegedly sexually assaulting a fellow female cadet at the Academy. The complaining witness alleges that the Cadet had sexually assaulted her on two different occasions: once in the fall of 2016 and once in the fall of 2017. Cadet retains Mr. Robert Capovilla. The Convening […]

Result

RETAINED. NO UOTH. NO Jail time. Cadet is back in class with his old unit and is scheduled to graduate next year.


 

U.S. v. E-7, United States Army

 

Sexual Assault and Abusive Sexual Assault

Fort Benning, Georgia

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Sergeant First Class (E-7) client is falsely accused by his wife of domestic assault and sexual assault. Sergeant First Class retains Mr. Capovilla before charges are preferred and Mr. Capovilla assigns its investigation team to the case. The investigator interviews several witnesses including the E-7’s children who were allegedly present during the alleged domestic violence […]

Result

CASE DISMISSED. Client KEEPS HIS RETIREMENT. Client’s retirement is salvaged and he will be able to retire with an Honorable Discharge.


 

U.S. v. E-3, United States Marine Corps

 

Malingering and Article 92

Camp Pendleton, San Diego, California

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Lance Corporal is accused of malingering and failing to obey a lawful order when someone sees him playing football while off-duty. LnCpl had suffered a shoulder injury while in Marine Recon school that caused him to endure months of physical therapy without success. Eventually, LnCpl undergoes shoulder surgery that does not remedy his shoulder issues. […]

Result

CHARGES WITHDRAWN and Case DISMISSED. NO Federal Conviction, NO Confinement. Client is ALLOWED TO MEDICALLY RETIRE with FULL BENEFITS.


 

U.S. v. E-6, United States Army

 

Domestic Violence and Child Abuse

Fort Benning, Georgia

View Case

Staff Sergeant (E-6) is charged with six (6) specifications of domestic violence against his current spouse, two (2) specifications of child endangerment, and an Article 92 violation for allegedly violating a no-contact order. Staff Sergeant retains Mr. Robert Capovilla. Immediately, Mr. Capovilla files an R.C.M. 706 motion with the judge to order a mental health evaluation […]

Result

NOT GUILTY of domestic violence. NOT GUILTY of child endangerment. Article 92 violation DISMISSED. NO DISCHARGE, NO reduction to E-1.


 

U.S. v. E-6, United States Navy

 

Drug Use

Fort Meade, Maryland

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Petty Officer is accused of wrongfully using cocaine after his positive urinalysis. Petty Officer has over 15 years of active duty service and served numerous tours overseas to include Iraq. While overseas the Petty Officer injured his back that required multiple back surgeries. He is then prescribed multiple pain medications over nine years to include […]

Result

Allegations UNSUBSTANTIATED. FULLY RETAINED. No Loss of Benefits, No Loss of Medical Retirement, No Punishment.


 

U.S. v. E-4, United States Army

 

Sexual Assault and Abusive Sexual Contact

Fort Bragg, North Carolina

View Case

The Government accuses Specialist (SPC) of sexual assault. The SPC hires a civilian counsel from another law firm and that civilian counsel tells the SPC that he “has very little chance to win the case,” and that the best the SPC could hope for was to plead guilty. The Government denies the SPC’s offer to […]

Result

FULL ACQUITTAL. NO Confinement, NO Discharge, NO Federal Conviction, NO Sex Offender Registration. The Specialist returned to his unit with plans of becoming a Special Operator.


 

U.S. v. O-4, United States Army

 

Sexual Assault and Sexual Harassment

National Capital Region

View Case

Army Major is accused of sexual assault and sexual harassment by a female U.S. Air Force Major. The case is investigated by C.I.D. and the U.S. Army Major is given a potentially career-ending General Officer Memorandum of Reprimand (GOMOR). Mr. Freeburg investigates the case and demonstrates that the Air Force Major was fabricating her allegations to […]

Result

GOMOR is Locally Filed, to be destroyed upon transfer. Major’s Career is saved.


 

U.S. v. E-7, United States Army

 

Domestic Violence

Fort Benning, Georgia

View Case

Sergeant First Class in the 75th Ranger Regiment, is accused of slamming his wife’s head into a wall two times, choking her, punching her in the face several times, and preventing her from leaving the house. SFC denies the allegations but a police officer who was dispatched to the SFC’s home states that the SFC […]

Result

Allegations UNSUBSTANTIATED. Client is RETAINED. NO Involuntary Separation, NO loss of VA benefits, NO loss of Medical benefits, NO loss of military benefits, NO loss of retirement.


 

U.S. v. E-5, United States Marine Corps

 

False Official Statement

Marine Corps Recruiting Depot, San Diego, California

View Case

Marine Sergeant is accused of conspiracy, effecting unlawful enlistment, misprision of a serious offense, making false statements and other offenses. The case is preferred and then referred to a Special Court-Martial and Sergeant retains Mr. Nathan Freeburg to fight on his behalf. Shortly after Mr. Nathan Freeburg files its Notice of Representation, the client’s command […]

Result

DISMISSAL of ALL Charges just before motions hearing. NO Federal Conviction, NO Confinement, NO Discharge.


 

U.S. v. E-4, United States Army

 

Aggravated Assault, Disorderly Conduct, and Communicating a Threat

Joint Base Lewis-McChord (JBLM)

View Case

The Government accuses Specialist (SPC) of negligently shooting his battle buddy with a hand gun through the chest. The SPC is also accused of threatening his command, drunk and disorderly conduct, and failing to register his weapon on-post. The SPC decides to plead guilty to several of the offenses, but does not want a Bad […]

Result

NO DISCHARGE and only minimal punishment. Client retains ALL MEDICAL RETIREMENT BENEFITS


 

U.S. v. E-6, United States Air Force

 

Sexual Assault

Alaska

View Case

The Government accuses Technical Sergeant (TSgt) of sexual assault. The TSgt is a 10-year veteran of the United States Air Force who has never been accused of any misconduct before. The Office of Special Investigations (OSI) informs the TSgt that they have DNA evidence proving his guilt and that it would be best for the […]

Result

NO CHARGES preferred. NO Federal Conviction, NO Confinement, NO Sex Offender Registration. TSgt is still a member of the United States Air Force and has been restored to all previous duties.


 

U.S. v. E-4

 

Drug Possession

Fort Benning, Georgia

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U.S. Army Ranger is accused of purchasing various drugs from a paralegal. The Government initiates a Summary Court-Martial in an attempt to force him to testify against his friends. The Army Ranger retains Mr. Nathan Freeburg. Mr. Freeburg conducts an extensive investigation of the file. He determines that the Government cannot prove guilt at a […]

Result

NO Federal Conviction, NO Court-Martial.


 

U.S. v. E-4, United States Army

 

Sexual Assault

Fort Hood, Texas

View Case

The Government accuses Specialist (SPC), of sexual assault and threatens this 19 year-old Soldier that CID will “find out the truth” and take “appropriate action.” The SPC, terrified at the thought of becoming a registered sex-offender, losing his career, and spending a decade in jail, retains Mr. Robert Capovilla the same day that CID notifies […]

Result

NO CHARGES preferred. NO Federal Conviction, NO Confinement, NO Sex Offender Registration. Client is able to deploy with his unit and was recently informed that he will be promoted


 

U.S. v. E-4, United States Navy

 

Drug Use

Norfolk Naval Base, Virginia

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A Navy Sailor, HT3, is accused of wrongful use of marijuana (THC) by her command after she supposedly failed an urinalysis. The command orders a separation board. Mr. Freeburg investigates the case and determines that there were civilian witnesses to a potential innocent ingestion defense. Freeburg interviews these witnesses and calls them at the separation […]

Result

FULLY RETAINED. Misconduct UNSUBSTANTIATED.


 

U.S. v. E-5, United States Army

 

Drug Possession and Distribution

Fort Benning, Georgia

View Case

The SGT, a 27D JAG Paralegal in the 75th Ranger Regiment, is accused of distributing cocaine to numerous other Rangers within the regiment, introducing cocaine onto a Federal installation, attempting to distribute cocaine, and unlawfully storing a personally owned weapon in his vehicle. Even after the SGT’s ETS date had passed, the Government keeps SGT […]

Result

Two days after the Article 32 Preliminary Hearing, the Government WITHDRAWS its Charges and DISMISSES THE CASE. NO Involuntary Separation, NO Federal Conviction. Client is allowed to head home after his ETS date with an Honorable Discharge and FULL MILITARY BENEFITS.


 

U.S. v. E-6, United States Navy

 

False Official Statement

Norfolk Naval Station, Norfolk, Virginia

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The Government accuses Navy Sailor, a CS1 (E-6) with 11 years of service, of creating a hostile work environment and making a false official statement under Article 107, UCMJ. Sailor is sent to non-judicial punishment. Client consults with Nathan Freeburg and subsequently turns down non-judicial punishment and demands trial by court-martial. Predictably, the client’s command […]

Result

Misconduct NOT SUBSTANTIATED. FULL RETENTION.


 

U.S. v. E-4, United States Marine Corps

 

Sexual Assault

Bangor, Washington

View Case

LCpl is accused of sexually assaulting a child under the age of 16. Law enforcement interrogates the LCpl for several hours, search his home, his truck, and confiscate several pieces of his clothing. The LCpl is then removed from his position and placed in a “disciplinary unit” where he is tasked with cleaning the head, […]

Result

Charges DISMISSED. NO Federal Conviction, NO Sex-Offender Registration. LCpl is reinstated within the unit.


 

U.S. v. E-5, United States Army

 

Sexual Assault and Sexual Harassment

Camp Buehring, Kuwait

View Case

Sergeant is accused of committing several acts of sexual harassment and sexual assault upon fellow NCOs while deployed and serving overseas. According to the allegations, the Sergeant touched, grabbed and made sexual advances towards two females in his unit who were dating one another at the time of the alleged incident. Sergeant’s command offers him […]

Result

Charges DISMISSED. NO Federal Conviction, NO Sex-Offender Registration. NO Confinement. Client is reinstated within the unit.


 

U.S. v. E-6, United States Marine Corps

 

Adultery, Fraternization, and Failure to Obey a Lawful Order

Naval Air Station, Pensacola, Florida

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Staff Sergeant is accused of adultery, inappropriate relationship with a trainee, fraternization, and failure to obey a lawful order. The Government accused him of having sex with a trainee, drinking alcohol with lower enlisted Marines and communicating with other Marines involved in a Command Investigation. Staff Sergeant’s command initiates an administrative separation proceedings against him […]

Result

RETAINED, Allegations UNSUBSTANTIATED, NO loss of G.I. Bill, NO loss of medical retirement, and NO loss of VA benefits.


 

U.S. v. OCS Candidate, United States Army

 

Sexual Assault and Abusive Sexual Contact

Fort Benning, GA

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Client retains Mr. Robert Capovilla after accusations of sexual assault are made by a classmate in training. The client’s accuser claimed that he had grabbed her on her rear-end. The Government began the process of charging the client for grabbing her without her consent and for his own sexual gratification. After a thorough investigation, Robert […]

Result

ALL CHARGES DROPPED. Allegations found UNSUBSTANTIATED. Client was subsequently MEDICALLY DISCHARGED with HONORABLE Characterization. Received ALL Medical Benefits


 

U.S. v. E-6, United States Navy

 

Failure to Follow a Lawful Regulation

Naval Air Station, Mayport, Florida

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Navy Sailor with 15 years of service is accused of actively participating in a nationwide criminal gang and outlaw motorcycle club. The Government refers the case to a Special Court-Martial. Sailor retains Mr. Nathan Freeburg to represent him. Mr. Nathan Freeburg files several motions before trial, more particularly, a key Motion under MRE 404(b) to […]

Result

FULL ACQUITTAL. NO Federal Conviction, NO Confinement, NO Discharge.


 

U.S. v. O-2, United States Marine Corps

 

Indecent Language and Maltreatment

Robertson Barracks, Australia

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First Lieutenant is accused of indecent language and cruelty and maltreatment against an enlisted Marine. His command initiates an investigation to determine whether or not the allegations are credible. Lieutenant immediately retains Mr. Mickey Williams to represent him. Mr. Williams contacts the client’s chain of command and schedules a meeting with the Investigating Officer. Mr. […]

Result

Allegations found UNSUBSTANTIATED. NO Punitive Action Taken. NO Separation. NO Punishment.


 

U.S. v. E-7, United States Air Force

 

Sexual Assault

Ramstein, Germany

View Case

Master Sergeant is a 17-year veteran of the United States Air Force with an impeccable record. During a squadron BBQ held at a fellow NCO’s home, Master Sergeant is accused by two women of touching them in a sexual manner on private areas of their body in front of several eyewitnesses. Master Sergeant is removed […]

Result

Client is RETAINED. Client expecting to FULLY RETIRE with ALL benefits.


 

U.S. v. E-4, United States Army

 

Drug Possession and DUI

Fort Bliss, Texas

View Case

Specialist is under investigation for fleeing from a police officer, resisting arrest, possession of narcotics, and driving under the influence. The misconduct allegedly takes place off-post and the Specialist is told by his chain of command that if the charges were true, they planned on court-martialing. Specialist retains Mr. Robert Capovilla to represent him. Mr. […]

Result

NO Court-Martial, NO Nonjudicial Punishment, NO Separation Board, and NO Federal Convictions. Client was recently restored to his previous position within the unit.


 

U.S. v. E-4, United States Army

 

Larceny

Fort Benning, Georgia

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Specialist had been serving for four years and had never before been in trouble for any type of misconduct. Despite this fact, the Specialist was pulled from her unit and told to report to her company Headquarters where MPI was waiting with supposedly incriminating information. MPI informs the Specialist that she was under investigation for […]

Result

NO Court-Martial, NO Federal Conviction, and NO Separation Board. Client is back at work, hoping to obtain a slot to Airborne School in the spring.


 

U.S. v. E-1, United States Marine Corps

 

Sexual Assault

Quantico, Virginia

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Private is accused of the sexual assault of another Marine at Fort Leonard Wood, Missouri. Private is also accused of violating an order not to drink alcohol. Private had already been ordered separated for prior misconduct. Following these new allegations, Private is placed in pretrial confinement right exactly on his EAS date. The Government then […]

Result

ALL CHARGES DISMISSED. NO Sex Offender Registration, NO Federal Conviction.


 

US v. E-5, United States Air Force

 

Sexual Assault and Drug Possession

Nellis AFB, Las Vegas, Nevada

View Case

Government charges Staff Sergeant with two specifications of sexual assault and one specification of possession of a controlled substance. Prior to trial, the Staff Sergeant insisted to law enforcement and his command that his wife’s phone contained pictures and text messages that would prove he did not commit sexual assault. His command did not believe […]

Result

NO Sex Offender Registration, NO Federal Conviction.


 

U.S. v. E-6, United States Air Force

 

Sexual Assault

Ramstein, Germany

View Case

The Government investigates this Tech Sergeant for over 6 months for allegedly sexually assaulting a fellow airman’s spouse. Tech Sergeant’s command had flagged and counseled him, informing him that they planned to Court-Martial him with offenses that could result in registering as a sex-offender.Tech Sergeant hires Mr. Robert Capovilla to represent him and to help […]

Result

NO Court-Martial, NO Federal Conviction, and NO Sex Offender Registration.


 

U.S. v. E-6, United States Army

 

Sexual Assault and Abusive Sexual Contact

Fort Benning, Georgia

View Case

Staff Sergeant (SSG) is accused of sexually touching underage girls in his neighborhood as they wait for the school bus. He is also accused of exposing his penis to another underage girl in the same neighborhood around the same time as the alleged grabbing. SSG purportedly runs around an undercover investigator while indecently fondling his […]

Result

Abusive Sexual Contact DISMISSED and found NOT GUILTY of indecent exposure. ALL Article 120 charges were DISMISSED or client found NOT GUILTY. As a result, NO Sex Offender Registration.


 

U.S. v. E-6, United States Army

 

Sexual Assault

Joint Base Lewis-McChord, Washington

View Case

Staff Sergeant hires Mr. Robert Capovilla after discovering that he is under investigation for allegedly sexually assaulting a fellow Soldier off-duty. CID pressures the Staff Sergeant to provide an incriminating statement and even tells him that he would end up a registered sex-offender if he did not cooperate. Over the course of the next 4-5 […]

Result

NO Court-Martial, NO Federal Conviction and NO Sex-Offender Registration.


 

U.S. v. E-7, United States Army

 

Aggravated Assault

Vicenza, Italy

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Sergeant First Class with 18 years of service is accused of aggravated assault, the attempted strangulation of his wife and the aggravated assault of his daughter as well as other alleged physical assaults. The Government prefers charges against the Sergeant First Class which are later referred to a General Court Martial. Client faces a potential […]

Result

NO DISCHARGE, and client is allowed to RETIRE. Other minimal punishment.


 

US v. E-3, United States Marine Corps

 

Sexual Assault

Bangor, Washington

View Case

Lance Corporal is under investigation for 8 months for allegedly sexually assaulting an underage girl. The Lance Corporal is removed from his platoon, placed in a disciplinary unit, and told that if convicted he would be a sex offender for the rest of his life. Moreover, his command refuses to provide him with any information […]

Result

NO Sex Offender Registration, NO Federal Conviction, Client immediately returns back to duty.


 

U.S. v. E-3, United States Marine Corps

 

AWOL

Kāne’ohe Bay, Hawaii

View Case

Lance Corporal is under investigation for allegedly violating Article 86, UCMJ, for leaving his unit without permission. Over the course of several months, LCpl informs his chain of command that he is suffering from a very serious hip injury that prevents him from carrying out his duties as a Marine. The Marine Corps does not […]

Result

NO Federal Conviction, NO Confinement, and LCpl returns home to family with a clean record.


 

U.S. v. E-3, Marine Air Station

 

Maltreatment, Hazing, Assault, and Obstruction of Justice

Iwakuni, Japan

View Case

Lance Corporal is charged with one charge and two specifications of Violating a Lawful General Order in violation of Article 92, UCMJ; one charge and two specifications of Maltreatment, in violation of Article 93, UCMJ; one charge and five specifications of Assault Consummated by a Battery, in violation of Article 128, UCMJ; and one charge […]

Result

NO Federal Conviction, NO Confinement and NO Discharge.


 

U.S. v. E-3

 

Sexual Assault

Fort Benning, Georgia

View Case

PFC is under investigation for over 6 months for sexual assault and abusive sexual contact. PFC’s command flags him, counsels him, and informs him that they will Court-Martial him for the above stated offenses. PFC hires Mr. Capovilla to represent him and to “get [him] out of the dark,” from the investigation. Shortly after being […]

Result

NO Court-Martial, NO Federal Conviction, NO Sex Offender Registration, and NO Separation Board. PFC is back at work and ready to PCS to his next duty station.


 

U.S. v. O-1, United States Army

 

Article 92 Violations

Fort Benning, Georgia

View Case

Second Lieutenant (2LT) in Officer Candidate School (OCS) is charged with 22 Specifications of Article 86, UCMJ, Failure to Go to Appointed Place of Duty, 4 Specifications of Article 92, Failure to Obey a Lawful Order, and 12 Specifications of Article 134, Disorderly Conduct, Drunkenness. In sum, the 2LT was being charged with 38 specifications […]

Result

NO Court-Martial, NO Article 15, No separation, and NO Federal Conviction. All 3 charges and their 38 specifications have been dismissed and 2LT is hoping to apply for law school next year.


 

U.S. v. O-1

 

Fraternization, Conduct Unbecoming, and Stolen Valor

Randolph Air Force Base, Texas

View Case

Second Lieutenant in Flight School is accused of conduct unbecoming an officer, indecent language, fraternization, stolen valor, and various ethical violations under the Code of Federal Regulations. 2Lt is alleged to have numerous YouTube videos where he could be viewed wearing his Air Force uniform, a patch he was not entitled to wear, drinking alcohol […]

Result

Case DISMISSED. NO Court-Martial, NO Article 15, NO Federal Conviction. Client allowed to continue Flight School.


 

U.S. v. E-6

 

Drug Possession and Larceny

Fort Benning, Georgia

View Case

Staff Sergeant who served in the U.S. Army for eight years (8) as a Special Operator is charged with two specifications of larceny and two specifications of wrongful use of a controlled substance. Mr. Capovilla represents Staff Sergeant at his Article 32 Preliminary Hearing and the Hearing Officer (“PHO”) makes a favorable recommendation. Despite this, […]

Result

NO Confinement, NO reduction in rank, NO discharge. Capovilla’s client completed his Medical Board and is leaving the Army with an Honorable Discharge.


 

U.S. v. E-1

 

Sexual Assault

Fort Campbell, Kentucky

View Case

Private is accused of molesting his 6 year-old stepdaughter after she tells a bizarre story to her mother about her stepfather Private “checking her temperature in her bottom” with his finger. She further alleges that he gave her a “white oval pill,” placed a towel over her head, and put a sleep mask on her […]

Result

FULL ACQUITTAL, NOT GUILTY of Rape of a Child. NO Confinement, NO Federal Conviction, NO Sex Offender Registration.


 

U.S. v. E-6

 

APFT Failure

Fort Benning Georgia

View Case

Government initiates a separation board against a Staff Sergeant after 12 years of service. Government seeks to separate this NCO for failing the APFT on two consecutive occasions. At the time of the APFT failures, Staff Sergeant is suffering from significant knee pain that inhibited his ability to perform well during the test. Wanting to […]

Result

FULLY RETAINED. No loss of benefits, no prejudicial discharge


 

U.S. v. E-4

 

Dereliction of Duty

Fort Benning, Georgia

View Case

Specialist is charged with dereliction of duty in an Article 15 proceeding. Approximately one week before the first reading, a Soldier on the Specialist’s team is discovered to have an ammunition round in his possession after a range. The command wants to blame the Specialist for the unaccounted-for round alleging that the Specialist failed to […]

Result

CHARGES DISMISSED, Article 15 terminated, NO rank reduction, NO forfeiture of pay, NO reprimand.


 

U.S. v. O-2

 

Sexual Assault

Fort Benning, Georgia

View Case

Second Lieutenant is charged with forcible sodomy and assault of his live-in girlfriend. The complaining witness alleges that the 2LT came home from work and forces her to have anal sex with him. Complaining witness also alleged that the Second Lieutenant choked her during intercourse without permission. Through cross-examination, Mr. Capovilla revealed that the complaining […]

Result

NOT GUILTY of ALL Charges and Specifications, NO Federal Conviction, NO Confinement, NO Sex Offender Registration.


 

US v. E-7

 

Domestic Violence

Eglin AFB

View Case

SFC, who is a Green Beret, is charged with 6 specifications of domestic violence. The complaining witness is the SFC’s ex-spouse who alleged that the SFC beat her up, choked her, dragged her by her hair through the house, and emotionally abused the children. Mr. Robert Capovilla serves as lead counsel on the case and […]

Result

NOT GUILTY of ALL CHARGES and SPECIFICATIONS. No federal conviction. NO confinement.

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