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 YOUR DEFENSE

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 constantly 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 service member.

HOW THE GOVERNMENT TURNED PRELIMINARY HEARINGS AGAINST YOU (AND HOW WE FIGHT BACK)

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 narrative 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 & TIPON

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.