Gonzalez & Waddington, LLC

contact for price

Select a service

Zip code

Criminal charges

Sorry this pro can’t do your job, but we know other pros who can.

Check them out

Introduction: Military Defense Attorneys not Provided until after Charges are Preferred Even though the government has a team of people working build a criminal case accused service members in jail. The military has a standing policy that service members who are under investigation are not detailed a military lawyer until after charges have been preferred against them. This puts the service member at a monumental disadvantage when defending their case. If the system was designed to be fair and just, the military would ensure that a service member who is under investigation has a defense attorney who is representing his or her interests, ensuring that all exculpatory evidence was obtained and keeping law enforcement honest. By the time an accused has charges preferred against them, he or she is likely already behind the proverbial eight-ball; a "confession" may have been taken, exculpatory evidence lost, witnesses gone, and the command has become too personally invested in the case to drop it. Denial of Defense Experts: Many serious courts-martial cases involve complex forensic evidence such as DNA, serology, metadata, sexual assault forensic examinations and forensic psychiatry. In these cases, the government has the resources of its law enforcement team, the United States Army Criminal Investigative Lab (USACIL), the Defense Computer Forensics Lab (DCFL), the toxicology labs at Tripler Army Medical Center and Brook Army Medical Center and some of the best medical and mental health providers at Walter Reed and other premier military treatment centers. If the military does not have the expertise needed in house, the government routinely contracts and hires the best experts they can find in the given field. The military defense team, on the other hand, simply does not have access to these resources. Under the UCMJ, if the defense requires government funding for an expert consultant or witness, it must make a detailed request for the specific expert to the Convening Authority. This detailed request will necessarily require the defense to provide its case theory and articulate with specificity to the government why the expert is needed. This process, in and of itself, requires the defense to "show its hand" and gives the prosecution a massive tactical advantage. The government, however, is not required to approve the request and routinely denies the defense requests for expert consultants and witnesses.

Overview

4 employees

18 years in business

Payment methods

Ask this pro about their preferred payment method.

Featured Projects

10 photos

FAQs

What should the customer know about your pricing (e.g., discounts, fees)?
Government Turns a Blind Eye to Evidence of Innocence: Military personnel would all like to believe that prosecutors and law enforcement agents want to find out the truth about what happened in a particular case, that they will interview all of the relevant witnesses, collect and test all of the forensic evidence, and be as skeptical of the accuser as they are of the accused. Unfortunately, that's just not reality. In case after case after case, many military CID and NCIS agents, as well as prosecutors, don't care about the truth or what really happened, they care about getting convictions and winning at all costs. Once an allegation is made against a service member, particularly in a sexual assault case, law enforcement agents put all eyes on the accused, and none on the accuser, and investigate the case with the predetermined notion that the accused is are already guilty. The end result is typically a sloppy investigation where exculpatory evidence is lost, helpful witnesses are never interviewed and the credibility of the alleged victim's story is never challenged. Military cases are replete with investigations where forensic evidence that could exonerate the accused is intentionally not tested, where prosecutors inform alleged victims ahead of time that their cell phones will be collected â giving them time to delete messages they don't want the defense to have, where evidence is withheld from the defense, where obvious inconsistencies in an alleged victim's story are never shored up, where the accused has given CID and NCIS agents the names of eye witnesses which would show his or her innocence and the names are completely discarded and the witnesses never interviewed, where the accused rights are routinely and intentionally violated, and on and on and on. The government cares more about a conviction and, in sexual assault cases, winning the war against sexual assault, than they do about properly investigating a case and ensuring that an innocent man does not go to prison. It truly is a sad state of affairs when a bullet point on a NCOER, OER or fitrep matter more than someone's freedom. It is terrifying to be accused of a crime in the military because you will not get a thorough and impartial investigation. Being innocent is no longer enough.
What education and/or training do you have that relates to your work?
In June 2007, Mr. Waddington was selected to write an article on Court Martials and military law for the New Jersey State Bar Magazine, in the magazineÃÂ¢ÃÂÃÂs first-ever edition focusing on Military Law and issues relevant to military personnel and veterans. This journal is the leading legal news magazine for New Jersey lawyers, judges, and lawmakers. Mr. Waddington has lectured on various aspects of military law and the trial tactics. In July 2013, he taught a nationwide course for lawyers call ÃÂ¢ÃÂÃÂDealing With the Media: Protecting the Rights to a Fair TrialÃÂ¢ÃÂÃÂ. Mr. Waddington provides criminal defense & trial consultation services in serious cases worldwide. In the summer of 2008, he acted as the chief trial consultant and legal strategist for 3 Israeli clients charged in Tokyo, Japan in the largest drug importation case in Japanese history. He also represents and advises American contracting companies that support the U.S. military overseas regarding criminal prosecutions, investigations and UCMJ actions. Background and Education Mr. Michael Waddington was born in New Castle, PA. He graduated Magna Cum Laude from Duquesne University in Pittsburgh, PA with a BA degree. He earned his law degree from Temple University School of Law in Philadelphia, PA. At Temple, he successfully completed with honors TempleÃÂ¢ÃÂÃÂs Nationally #1 Ranked Trial Lawyer Training Program (U.S. News and World Report). Before entering private practice, Mr. Waddington served two tours as an Army defense lawyer, worked as a Special Assistant United States Attorney, and as an Army Chief of Military Justice. He enlisted in 1993 and served as an Army soldier prior to be commissioned as an Army officer in 1997. Defense Lawyer Defended military personnel from E-1 to E-9 and WO1 to O-6 at court martials, Article 32s, pretrial confinement hearings, NJP, and separation boards. Successfully defended servicemembers of: murder, drug offenses, detainee abuse, maltreatment, attempted murder, rape, sexual crimes, child abuse, trainee abuse, maiming, aggravated assault, larceny, financial crimes, computer crimes, white collar crime, and various other crimes. Click here to see specific cases. Represented over 400 soldiers that were being administratively discharged from the military. Former Army JAG officer. Served two tours as an Army defense lawyer. Headed a Trial Defense Service (TDS) branch office as the Senior Defense Counsel. Former Special Assistant United States Attorney. Prosecuted cases in Federal Court. Worked with the FBI, ATF, DEA, Secret Service, and U.S. MarshallÃÂ¢ÃÂÃÂs Service. Former Chief of Military Justice. Received the Award for Excellence in Advocacy, U.S. Army JAG Corps Criminal Law Advocacy Course. Enlisted in the Army out of high school and rose to the rank of CPT. Professional Licenses & Memberships Michael Waddington is admitted to practice before the following courts: All Military Trial Courts Worldwide South Carolina Georgia Pennsylvania New Jersey National Association of Criminal Defense Lawyers (NACDL) American Bar Association Litigation Division Areas of Practice Michael Waddington is a trial lawyer that primarily practices in the area of criminal defense, court martial defense, and appeals. Education Temple University School of Law, Philadelphia, PA Juris Doctor, May 2000 Completed, with honors, TempleÃÂ¢ÃÂÃÂs #1 Ranked Trial Advocacy Program (U.S. News and World Report) Law Journal Editor: Temple Environmental Law & Technology Journal, 1998-2000 Duquesne University, Pittsburgh, PA BA, Honors: Magna Cum Laude DeanÃÂ¢ÃÂÃÂs List 8 Consecutive Semesters Army ROTC Scholarship Recipient, Distinguished Military Graduate, Battalion Commander Study Aboard: Universidad de Alicante, Alicante, Spain Classes/Seminars Taught Speaker, ÃÂ¢ÃÂÃÂAttacking Witness Credibility & Rules of Evidence,ÃÂ¢ÃÂÃÂ Military Defense Conference, Charleston, SC, Spring 2006 Speaker, ÃÂ¢ÃÂÃÂWitness Impeachment,ÃÂ¢ÃÂÃÂMilitary Defense Conference, Orlando, FL, Spring 2004 Speaker, ÃÂ¢ÃÂÃÂUrinalysis Defense,ÃÂ¢ÃÂÃÂ Military Defense Conference,ÃÂ¢ÃÂÃÂWashington, DC, Fall 2003 Instructor, Numerous Federal Law Enforcement Seminars, Fort Gordon, GA, June 2004-July 2005 Languages Michael Waddington speaks Spanish and English. He has lived and studied in Spain, worked in Puerto Rico, and frequently travels to Puerto Rico on business and vacation.
How did you get started doing this type of work?
In today's military justice system, those who are criminally accused are at a shocking disadvantage when fighting against the power of the prosecution and the command. The command, law enforcement, Staff Judge Advocate's Office and prosecution are all on the same team, which has only one goal, winning their case against the accused. This is done in the same way any great military wins a war, by overwhelming their enemy, dominating the battle space and creating an unfair advantage. How the Government overwhelms their enemy (the accused): The examples listed below are just a few of the tactics, techniques and procedures that the military uses on a daily basis to obtain convictions at all costs.