free initial consultation process

Videos

Basic Defenses

Understanding ostc

steps during a free consultation

Evaluate the case

Educate on the Process

Assist in Hiring Decision

gather info

develop a plan

execute strategy

initial questions to assist in evaluating the case

who is the accuser

what is the nature of the relationship

how long ago did the allegation occur

have you spoken to law enforcement

was there a pretext call

What is the nature of the accusation

is there a clear motive to lie

Basic defenses to sexual assault allegations

1. Alibi / nothing happened

2. actual consent

3. mistake of fact as to consent

4. reasonable doubt / defects of proof

5. accident (cases involving touching only)

EDUCATING on the process
​definition of consent

incapacity to consent

mistake of fact as to consent

Discovering the story
​nature of the relationship

spouse

girlfriend / boyfriend

friend

one night stand / stranger

Co-Worker

subordinate

discovering the story
nature of the allegation

revoked consent

total blackout

fragmentary blackout

sleep

hybrid of sleep and alcohol

tonic immobility / passive

force

discovering the story
motives to lie

alibi / to get out of trouble

secondary gain

Revenge
Alibi
Secondary Gain
Preservation of Relationship
Honest
Attention-Seeking

mental health

Alcohol
Drugs
Borderline Personality Disorder
Bipolar
Past Trauma

Discovery the story
​prosecution narratives

target of opportunity

power and control

Initiation of Investigation Process

The office of the special trial counsel

covered offenses

Charging standards and considerations for the office of special trial counsel

Military prosecutorial philosophies

evidence the ostc considers

fresh report

Evidence that the Alleged victim and Accused were at the same place

direct eye witnesses

video or audio recordings

DNA or Forensics

prior consistent statements

cell phone geolocation data

pretext phone calls

Confessions

Evidence of Injuries

defensive injuries to the accused

Expert Opinions

character evidence

MRE 404 (b) and 413 Acts

Bank and Business Records

how the ostc evaluates whether to prosecute

General ostc timelines

general ostc timelines

alternative dispositions

the interrogation

the interrogation

your rights

Pretext phone calls

false confessions

evaluating the credibility of the accusation

Understanding false allegations

alcohol and blackout cases

DNA

The decision to testify