Camp Pendleton Sexual Assault Lawyers
Cherkasky Law is the most conveniently located sexual assault lawyers to Camp Pendleton. Camp Pendleton sexual assault cases have dramatically increased over the past five years, and seem to be increasing even more heavily lately with renewed publicity. The sexual assault cases at Camp Pendleton have become fundamentally unfair with prosecutors and judges that refused to enforce fairness and are instead determined to give the alleged victim everything she wants and deprive the Accused of justice.
Sexual Assault Court Martial at Camp Pendleton
Sexual assault courts martial at Camp Pendleton are part of a greater trend in the military to blindly prosecute allegations of sexual assault without regard for the quality of the allegation or likelihood of conviction. Sexual assault cases at Camp Pendleton face an increased risk of wrongful convictions because the prosecutors and judges have demonstrated repeated unjust bias towards the alleged victims.
We are the only lawyers that have actually put the prosecutors in the crosshairs and we were able to prove blatant prosecutorial misconduct and discovery violations. Prosecutors have an ethical obligation to inform the defense attorneys in any criminal case of information that would be beneficial to the Accused. In a recent case prosecuted through the Camp Pendleton region, the lead prosecutor repeatedly covered up materially helpful information and was repeatedly caught lying to the military judge. She was publicly censured for her complete ignorance of the law and ethical duties, and the trial was declared a mistrial.
The problems with sexual assault court martial at Camp Pendleton remain ever present though. The military judges at Camp Pendleton refuse to grant requests of defense attorneys that are granted in other branches of the military. The UCMJ is short for UNIFORMED Code of Military Justice. That means, the intent of the code is for service-members to receive the same degree of fairness no matter what branch of service they are in. However, that is not the case in the Marine Corps. The free military defense counsel and the other civilian attorneys out there that are still members of the USMC reserves refuse to challenge the fairness of the Marine Corps judges. We are not afraid, and we have proven that our clients will receive a fair trial.
Sexual Assault Court Martial are Fundamentally Unfair in the USMC
Time and again, we see the prosecutors and judges in the Marine Corps essentially laugh at an Accused’s right to defend himself. The prosecutors and judges have the authority to require the USMC to provide the Accused and his counsel with appropriate experts, yet they refuse to do so. “Semper fidelis” means “always faithful”. It has become clear that the USMC leadership, judges, and prosecutors, would rather create unfair trials to help secure wrongful convictions than allow fairness in the courtroom. Why do they want unfair trials? Because if a trial is conducted fairly, they know the ridiculous cases they bring to trial will result in acquittals which will cause out-of-touch Congress and other members of the swamp to criticize Marine leaders.
These Marine Corps leaders, judges, and prosecutors would rather order fellow Marines into an ambush than have the courage to actually create fairness. They have blood on their hands, and we’re the only ones in the area that are willing to say it.
Marine Corps leaders, judges, and prosecutors would rather order fellow Marines into an ambush than have the courage to actually create fairness.
In a recent case with a Camp Pendleton judge, the defense requested the same access to certain information that the prosecutors had access to. The UCMJ requires both sides to have “EQUAL ACCESS” to witnesses and evidence. Instead of granting the reasonable request of the defense counsel, this fundamentally unfair Colonel judge declared that separate access would satisfy the rules. Apparently, this military judge is willing to ignore a century of the Supreme Court declaring that “separate is not equal” under the law.
We are in the middle of an actual crisis of justice at Camp Pendleton and the surrounding installations serviced by the judges and prosecutors from Camp Pendleton. This blog post includes the secrets and outrage that military defense counsel and civilians that are still closely aligned with the USMC refuse to publicize.
If you are facing a sexual assault court martial at Camp Pendleton, we are the best military defense attorneys to represent you. We work closely with the free military defense counsel and recognize their desire for great outcomes, but they are sadly subjected to the pressures that come with the uniform. We will fight in the ways they will not. Our results speak for themselves throughout the Marine Corps and in the military.