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Failure to Obey Lawful Order

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 … view case


U. v. E-5

Indecent Recording

Fort Bragg, North Carolina

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 …

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US v. E-4

AWOL

Fort Riley, Kansas

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 …

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Army Reserve Officer Training Corps (ROTC)

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

Austin Peay State University, Clarksville, TN.

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 …

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

Indecent Viewing

Fort Bragg, North Carolina

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 …

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

Malingering and Article 92

Camp Pendleton, San Diego, California

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. …

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

Adultery, Fraternization, and Failure to Obey a Lawful Order

Naval Air Station, Pensacola, Florida

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 …

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

Failure to Follow a Lawful Regulation

Naval Air Station, Mayport, Florida

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 …

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

Article 92 Violations

Fort Benning, Georgia

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 …

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