LEGAL STRATEGIES & TACTICS FOR SERVICE MEMBERS IN KOREA
EXPERIENCE AND PREPARATION CAN TURN UNWINNABLE CASES INTO VICTORIES IN
THE BLINK OF AN EYE
Your defense lawyer could be a world-class cross-examiner with a team of
rock star forensic analysts at his disposal. He or she could’ve
worked for years in the JAG Corps and received honors for his or her military
service. Your defense lawyer could’ve taken dozens of cases to verdict.
And yet, without a proper strategy in place, don’t expect those assets
to go very far in the courtroom. Because when you go into battle without
a plan, it shouldn’t surprise you when you get smoked.
Our insights into the legal system have come out of 30+ years of combined
experience in the courtroom and hundreds of cases brought to verdict.
We’ve discovered that no amount of resources and personnel can cover
up a poorly-planned defense strategy. No fancy forensic evidence and untouchable
witness testimony can outright secure a victory on its own. What you need
is a defense team with a strategy. And that’s exactly what you get
when you hire Bilecki & Tipon to defense you in court.
9 COURT MARTIAL CASES IN 10 END WITH A CONVICTION. IS YOUR DEFENSE TEAM
READY FOR THOSE ODDS?
Never underestimate the ability of the prosecution to completely outclass
and outgun your hired (or detailed) defense counsel in court. 9 times
out of 10, the “expert” you’re speaking with is going
to get you convicted. We aren’t pulling these numbers at random.
These are real statistics that you need to be aware of before you make
a choice regarding your defense team.
The same goes for service members who are preparing for a difficult divorce
or child custody battle in state court. The judge likely won’t consider
the fact that you’re stationed in Korea defending U.S. interests.
And while you’re thousands of miles away, your life at home is being
taken from you—one trial at a time.
Yes, the odds are against you and yes, you’ll have a fight on your
hands if you want to secure a positive outcome for yourself on your day
in court. You’ll need a defense team with the right strategy in
place to give you a fighting chance. If you want to come out of this on
top, you’re going to need gunslingers with a bulletproof plan.
THE PRE-TRIAL STRATEGY: HOW BILECKI & TIPON GATHERS EVIDENCE AND PREPARES
Every case we take on is researched down to the studs. If we discover that
a witness could have essential testimony that may exonerate you, we can
find them. If we feel that a victim in a case may be lying, we can investigate
them. If we have reason to believe that law enforcement conducted a biased
investigation into a crime scene, we can send our own investigative team
in to gather our own evidence.
Try asking the defense counsel you’ve been detailed by the military
to perform an independent investigation into your case. He or she may
laugh in your face. They simply don’t have the private investigators
at their disposal to conduct investigations. Even if they did, it’s
doubtful they would know exactly how to utilize them. By the time you
walk into court, your trial lawyers are effectively hamstringed. They’ll
react to the prosecution’s evidence without ever actually
acting on evidence of their own.
It’s like trying to win a game of basketball without being allowed
to cross into your opponent’s side of the court.
No wonder the prosecution wins 9 times out of 10. Investigating the case
and planning beforehand is half the battle. Without a plan in place, you’ll
be on the defense for the entire trial, with few, if any, options to take
the offensive. Imagine what that looks like to a jury. Imagine what
you’d think if an accused criminal had nothing to back up his or her narrative.
It’s a situation that never, ever turns out well for the accused
HOW THE GOVERNMENT TURNED PRELIMINARY HEARINGS AGAINST YOU (AND HOW WE
Article 32 Preliminary Hearings saw substantial changes in 2015, all to
the detriment of accused service members. What used to be a channel for
the defense to learn more about the prosecution’s evidence and strategy
has now been stripped of its ability to do so. This has left many military
defense attorneys without a clear understanding of how to utilize the
new Article 32 preliminary hearings.
Bilecki & Tipon has been aware of these changes for some time, and
we don’t feel our clients benefit if we simply ignore the preliminary
hearing. Our trial lawyers have combed through the new rules of the preliminary
hearing, and we know how to get the most out of the new rules. It’s
also important to know when to make the strategic decision to waive the
Article 32 Preliminary Hearing. Often times, attending the Article 32
preliminary hearing, when the alleged victim doesn’t even have to
testify – but will be there listening in with her tax-payer funded
lawyer, will give away the defense strategy and do more harm than good.
The first rule of criminal defense is first do no harm. This decision
requires a defense investigation, strategic planning, and not losing the
forest for the trees.
CROSS-EXAMINATION: THE TACTIC CAPABLE OF OVERCOMING INSURMOUNTABLE ODDDS
Prosecutors spend hours preparing key witnesses to take the stand. They’ll
vigorously question each witness to ensure that they remain composed and
straight-faced throughout the entire trial. When those witnesses take
the stand during the actual trial, they know exactly what to expect and
what questions they’ll be asked. At least, they
think they know.
One thing we’ve learned is that it’s impossible to prepare
a witness for the kind of blistering cross-examinations that Bilecki &
Tipon is known for. Each and every question is precisely worded to throw
the witness’s testimony into doubt. Our trial lawyers are trained
to hear just the slightest hint of doubt in a witness’s voice, and
know exactly when to press a witness that has contradicted themselves.
In cases where the prosecution’s case relies almost exclusively on
one or two star witnesses, a cross-examination can single handedly destroy
their case within minutes. Very few military defense attorneys have the
skill to pull off this kind of cross-examination. It takes years of practice
and hundreds of court cases to master. So it makes sense that the prosecution
will prepare its witnesses for an average-level cross examiner, just as
it makes sense to find these same witnesses totally unprepared when we
walk into the courtroom with guns blazing.
OVERCOMING THE "CREDIBILITY DEFICIT"
Jury members have a natural tendency to believe the prosecution over the
defense, which is often referred to as the credibility deficit. Almost
every court martial case begins with this inherent bias, and it’s
your court martial attorney’s job to right the scales (and hopefully
tip them in your favor.)
It’s amazing how few defense teams consider this bias when they’re
going into a court martial case. Bilecki & Tipon has found an unparalleled
level of success in part because we aggressively attack the prosecution’s
immediately upon the start of a trial. Defense attorneys don’t have the luxury
of playing it safe. The key to destroying the credibility deficit is to
eviscerate the prosecution’s case early and often. That means staying
on the offensive and never letting up. Once a jury realizes that the prosecution’s
case isn’t as sound as it initially claimed, the credibility deficit
is effectively eliminated and we can push ahead with the momentum on our side.
THE RIGHT STRATEGY, THE RIGHT DEFENSE TEAM, THE RIGHT TIME TO CALL BILECKI
The outcome of your trial effectively depends on the strategies and tactics
employed by your defense attorney. Poor planning, combined with a lack
of knowledge and understanding of key elements in a trial, can destroy
your chances of being found not guilty in a court martial setting.
Don’t allow this to happen. Bilecki & Tipon has been employing
aggressive and hard-hitting strategies and tactics for years in court
martial trials throughout Korea and around the world.
If you’re facing serious charges then you need an equally serious
defense team. Call our law firm TODAY at (800) 996-9747 to set up your initial consultation with Bilecki & Tipon.