Honolulu Courts-Martial Lawyer
Experience Defending Courts-Martial and UCMJ Cases
You are serving your country in the military. The United States military
is the most powerful military in the world. Since you are in the military,
you know its power and might. You understand the advantage of preparation
beforehand, and you know that the military collects intelligence, analyzes
it, prepares a battle plan, and executes it.
Have you already been interrogated, or have you already provided a statement?
Have you already received a charge sheet? You are facing a court-martial.
I have substantial experience defending those facing the following
- General Courts-Martial
- Special Courts-Martial
- Administrative Separation
time to act is now. You cannot take your chances – you need a proper defense if you
want to protect your future and your freedom.
Call dedicated Honolulu Courts-Martial defense attorney, Kevin O’Grady,
to discuss your case.
Invoke Your Rights and Remain Silent
not say anything to anyone!
Do not try to feel out the situation or explain your side with your staff
NCO, Chief, 1SG, or commander. These former comrades are not your friends
any longer. They will report to law enforcement what you tell them. Whether
they support you or not, they will provide your information and whatever
they know to law enforcement. Invoke your Article 31 rights clearly, loudly,
and often. The only way the command can support you is to not ask you
The military does not assign you your own personal military defense counsel
until you have been formally charged. When law enforcement or the command
is doing the XOI, or the 15-6, CID, or CIS are interrogating you,
you do not have an assigned military defense attorney. You are alone.
What you can do before you are formally charged is hire a civilian defense
attorney. If you think the command is initiating an investigation or that
CID is going to tell you to come down to make a statement, take action
and call a civilian defense lawyer.
hire your civilian defense attorney now and invoke your Article 31 rights as quickly as possible.
Who Does the Military Assign to Defend You?
Most likely it is a junior officer. The junior officer likely does not
have trial experience and they will often try to get you to plead out
immediately. Sometimes, these officers have been attorneys for only a
few years, or maybe even just a few months. Prior to handling your criminal
case, they may have been handling claims for lost household goods, or
environmental law. This new O3 now has your Court-Martial and your future
in his hands.
You Are Now Seen as the Enemy – Get the Defense You Need
You are now the enemy—the entire might of the United States military
is arrayed against you. The Command must make the decision to prosecute you and law enforcement
in the military is relentless. MPI, Naval CIS, OSI, and CID are effectively
the intelligence arms in the Court-Martial process. You probably are unaware
of all of the investigative work they have already done when they finally
Law enforcement is looking for evidence to convict you and their interrogators
will do everything in their power to do just that.
- They will use the same skills and tricks they use on terrorists to interrogate you.
- They will get you when you are tired.
- They will isolate you.
- They will "process" you, taking your picture and fingerprints.
- They will place you in a bare and spartan room.
- They will blow through your rights advisement
- They may not even advise you of your rights at all.
- They will hold you for hours.
They may call it an "interview." Your commander, Chief, 1SG,
Platoon Sergeant, or Staff NCO may ask you to tell "your side of
the story," to "clear the air," to "explain yourself,"
or to "do the right thing and own up to what you did." They
will tell you that this is the only opportunity you will have to “set
the record straight”. You might have been the "go to"
service member before, but now they consider you untouchable and want
you out now!
Do not risk your future – call Kevin O’Grady today.
Work With a Qualified Hawaii Military Defense Lawyer
My name is Kevin O'Grady, and I am a hard-working and relentless
Honolulu military defense attorney. I have handled cases both in and out of the military system. I bring
more than 19 years of experience and
extensive knowledge of the military justice system to the battle.
I have served as a Judge Advocate in the U.S. Army and have experience
as a Trial Counsel (Prosecutor), Senior Trial Counsel (Senior Prosecutor),
Article 32 Preliminary Hearing Officer (This is akin to a Judge at a preliminary
hearing to a General Court-Martial) and also as a BJA (Brigade Judge Advocate).
I have been trained on the most recent law regarding the prosecution of
Sexual Assault cases. I currently serve as a BJA, in a reserve unit, as
a Major. I have also served as both a Special Assistant United States
Prosecutor, Deputy Prosecutor and a criminal defense attorney in the civilian
courts. Because of my legal background,
I serve as a strong choice for your defense in your military case.
I have represented numerous individuals accused in Courts-Martial, and
have experience in the military criminal justice system including the
- Sexual Assault (old versions of the UCMJ and new)
- Absent Without Leave
- Missed Movement
- Insubordinate Conduct
- Failure to Obey an Order
- Cruelty (Including Sexual Harassment)
- Resisting Apprehension
- False Official Statements
- Loss/Destruction of Military Property
- Drunk Driving
- Drunk on Duty
- Wrongful Use/Possession of Controlled Substances
- Aggravated Sexual Assault
- Aggravated Sexual Assault Of Child
- Abusive Sexual Conduct
- Indecent Acts
- Conduct Unbecoming an Officer
- Child Endangerment
- Obstruction of Justice
- Patronizing a Prostitute
- Reckless Endangerment
- Communicating a Threat
- Child pornography
What Would You Spend to Protect Yourself?
Compare what you pay for and what you get:
1) Your assigned military counsel is probably a newly minted lawyer and
a newly minted officer. He's probably young and inexperienced. The stereotypical mindset here
is to work with the other side to avoid court congestion, inconvenience
to the General, the military, the command, the Court-Martial members,
and to seek a plea deal. Experience is stereotypically limited.
2) With a qualified criminal defense and Court-Martial attorney, such as
myself, you receive a wealth of experience. Over a span of more than 19 years, I have gained legal experience in both
military and civilian courts, as both a prosecutor and a criminal defense
attorney. I have a reputation for being aggressive and thorough, and for
taking the government to task, no matter how long it takes and no matter
what it takes. The assumption here is that
we go to trial and win. That is what we prepare for from the beginning. The alternative plans
are dismissal through legal, technical, and factual challenges, and of
course working whatever plea bargain the government offers to the best
advantage of the client.
Consequences of Military Crime in Hawaii
Once the military has decided to act, it does so with the might and strength
of the United States. Whether it is an XOI/AR15-6/RCM 303 investigation,
Captain's Mast (Article 15), an ADSEP, or a Court-Martial, if the
Command has decided to act, they do it militarily. That is, they do it
all the way.
not trying to help you. A letter of reprimand or a General Officer Memorandum of Reprimand, does
not help you. An Article 15, which is loss of rank and pay, does not help
you. An ADSEP, or kicking you out with an OTH (other than honorable) discharge,
does not help you.
At a court-martial, you are looking at a number of possible consequences,
- Federal convictions
- Punitive discharge
- Military prison
- Loss of military pay and benefits
- Loss of your right to possess or carry a weapon
- Lifetime requirement to register as a sex offender (in certain cases)
- Loss of your reputation
Although military prison and a felony conviction are obvious penalties
that are easy to recognize when facing a general Court-Martial, do not
discount how devastating it will be to lose your monthly pay, your health
insurance, your medical benefits, coverage for your wife and children,
survivor benefit plans, access to the commissary, and of course your good
name and reputation.
A Poor Defense Could Cost You Your Entire Livelihood
You have been busy defending America and have probably never sat in on
a Court-Martial and heard the part when the loss of pay is calculated.
Assume just for a moment that this is just basic pay.
An E4 with two years of time in 2011 earns $2,014.20 per month. This doesn't
include other benefits such as:
- Hazard pay
- Sea pay
- Combat zone pay
- Separation pay
- Access to healthcare
- GI bill benefits
- Retirement pay
- Survivor benefit program
- Medical coverage (TRICARE)
- Access to the commissary
This also doesn't even include any promotions, increases in pay based
on time in service, or raises in pay from Congress—just static basic pay.
Remember what your pay would look like outside the military, in today's
economy—what private medical insurance for you and your family would
cost, what it costs to raise a family without the child development center
for daycare and groceries from the commissary, military life insurance
valued at $450,000, etc.
Assume you have two more years in your enlistment and you were not planning
on making the military a career. Just those two years at that pay rate
is $48,340.80. Even if you were just facing an Article 15 and a good attorney
could possibly limit your reduction in rank to no loss of rank or loss
of just one rank as opposed to more, you would be much better off. Now
imagine you are looking at promotion, you are a higher rank, you have
served longer, or you are looking at retirement.
Avoiding a punitive discharge can mean hundreds of thousands of dollars
of future income.
Also, remember that even if you don't go to prison, if you have a dishonorable
discharge or a bad conduct discharge you will still find it nearly impossible
to find a good-paying job. Invest wisely and consider the cost-benefit
analysis of hiring a civilian defense attorney, and weigh it against losing
Honolulu Courts-Martial Attorney With History of Successful Results
As a Hawaii military defense attorney, I have obtained many beneficial
results for my clients, including numerous
DUI case dismissals, defense against assault charges, and other military crimes.
A few of these results include
full dismissals, retention instead of a punitive discharge allowing service members to retire,
zero prison time, reduced prison time, retention at administrative separation boards, and
further investigations that result in no charges being filed.
If you think or know there is a criminal investigation occurring, contact my Hawaii defense firm