Case Results
Feldmann Nagel, LLC (see divisions of) is a unique law firm which prides itself not on the quantity or volume of clients which it can rush through the court system, but on the quality of the outcomes it has achieved--and continues to achieve--for its clients. There are many law firms out there who make bold claims of their experience and knowledge to achieve your goals. Our experienced trial attorneys continue to accomplish what other firms claim. While Feldmann Nagel, LLC cannot and does not guarantee a specific outcome in any case, their dedicated and experienced attorneys can promise you unparalleled insight and effort towards achieving your goals and they are focused on producing outcomes.
CASE EXAMPLES:
I. Recently, Military Justice International (MJI) represented a Sergeant (E-5) serving a tour of duty at Camp Ramadi, Iraq with his state National Guard unit charged with eight specifications of Article 120 (Sexual Assault); one specification of Article 128 (Assault) and one specification of Article 93 (Maltreatment). He was relieved of all duties when charges were preferred against him and he was removed to Camp Arifjan, Kuwait pending an Article 32 Hearing. Military Justice International attorneys were retained immediately and began investigation into the allegations against our client. Through an aggressive and intensive investigation it was learned that the accuser had made unwarranted sexual assault allegations in the past prior to her enlistment in the Army. MJI attorneys immediately sought a change of venue and fought the Army's attempts to rush an Article 32 hearing in Iraq and to refer charges to a General Court Martial. MJI attorneys fought for and obtained the change of venue to Kuwait of the Article 32 Hearing and forced the government to make the accuser testify at the hearing and to produce, at the hearing, all of the good military character witnesses for MJI's client. When the government was unable to produce all of the necessary witnesses at the Article 32 hearing due to combat operational needs-- MJI attorneys successfully forced the removal of the accused sergeant back to the Continental United States and the entire case was reassigned for proceedings in the States. MJI attorneys forced the government to reinvestigate the sexual assault complaints due to the detailed investigation that MJI had conducted regarding the past complaints of the accuser. During this stage of the proceedings-- a Chapter 10 application (Administrative discharge in lieu of court martial) was drafted and submitted to the Staff Judge Advocate and was ultimately approved by the Commanding General. The initial pleas offer made by the government was for a forced guilty plea to eight specifications of unlawful sexual contact, sexual offender registration upon discharge from the Army and a prison sentence of three years in a federal penitentiary. MJI successfully obtained the administrative discharge of its client from the Army, no incarceration, no sexual offender registration and no criminal history for the accused sergeant.
II. Recently, Military Justice International (MJI) represented a Service member accused at a court-martial of six specifications of Article 86 (absence without leave), one specification of Article 108 (selling or otherwise disposing of military property) and one specification of Article 121 (Larceny and wrongful appropriation). Prior to MJI's entry into the case, military appointed defense counsel negotiated a "plea bargain" with the Government - whereby a guilty plea would be entered to one of the felony larceny charges and the Service member would agree to accept and receive up to 8 months confinement, a dishonorable discharge, forfeiture of all pay and allowances, and the Service member would end up a convicted felon upon his discharge from the Service. With the immediate entry of an aggressive and experienced Military Justice Attorney to the Service Member's case, new plea negotiations began in earnest with the Government. MJI's superior legal representation resulted in the successful negotiation and application of an administrative discharge in lieu of a court martial. MJI's attorneys successfully obtained the approval from the Commanding General of this administrative discharge of its client from the Service. The end result for MJI's client was no trial by Court-Martial, no guilty plea to any criminal charges, no felony conviction, no criminal history, no incarceration, and no Dishonorable Discharge from the Service.
III. Military Justice International recently represented an enlisted serviceman charged with three specifications of Article 86 (absence without leave), one specification of Article 89 (disrespect to a superior commissioned officer), one specification of Article 90 (disobeying an officer) and three specifications of Article 91 (assault of a noncommissioned officer). MJI's client had a distinguished combat service record and military history. Due to the agravating charges of assaulting a senior non commissioned officer and disobeying a direct order from a commissioned officer, the Government was intent on making an example of MJI's client and fully prosecuting the serviceman at a Court-Martial. MJI immediately sought to undercover the extensive PTSD and psychological factors that had contributed to and caused the serviceman's misconduct. Through the use of PTSD experts and medical specialists, MJI successfully negotiated the successful approval of an administrative discharge in lieu of a court martial for the Service Member. Instead of receiving a lengthy incarceration in a federal penitentiary and a criminal record to an assault charge, MJI was able to obtain a general discharge of their client from the Service so that the Service Member could retain all medical benefits from the Veterans Administration and the Service member was able to continue with all of his VA provided PTSD medical treatments post-service without the stigma of a criminal history.