Military defense Attorneys

Serving Members of the Military Worldwide Since 1973

The military criminal defense lawyers of Gary Myers, Daniel Conway & Associates are not only passionate about helping members of the military, but many of them are also former members themselves. Our team brings together over 100 years of combined experience. We have tried court-martial cases in every service for virtually every crime listed in the UCMJ. No matter where you are in the world, our legal team can provide you with the dedicated support and counsel you need when you find yourself facing criminal charges.

Our Team Has Experience in Numerous Military Court Proceedings

Courts-Martial

Choice of counsel in a court-martial is critical. You need counsel that is aggressive, experienced, and easy to communicate with. The firm has defended court-martial charges in every branch involving nearly every offense in the UCMJ. Mr. Myers and Mr. Conway have co-authored a book on Military Crimes and Defenses near publication with a major academic book publishing company.

Courts-Martial Appeals

The firm has appeared before the Army, Navy/Marine Corps, and Air Force Appellate Courts as well as the highest military appellate court, The United States Court of Appeals for the Armed Forces.

Gary Myers, our firm’s founder, was appellate counsel in the landmark case of U.S. v. Scott, 24 M.J. 186 (C.M.A. 1987) which applied the U.S. Supreme Court Strickland standard for ineffective assistance of counsel to the military. At Mr. Myers initiative and as part of the defense, this was the first military case to utilize DNA testing in the history of military jurisprudence.

Gary Myers was also appellate counsel in the landmark case of Unger v. Zemniak, 27 M.J. 349 (C.M.A. 1989) which confirmed extraordinary writ practice in the military.

Separation Boards, Show Cause Boards & Actions

Our firm has represented service members in separation boards, show cause boards and actions in all services. This includes actions based on serious misconduct, a pattern of misconduct, personality disorders, homosexuality, drug use, and substandard duty performance, among others.

Evaluation Appeals

The firm has represented service members in all services before evaluation appeal boards to include the Marine Corps PERB; the Air Force ERAB; the Army OSRB and EREC, the Navy BCNR and the Coast Guard BCMR. We, likewise, have experience litigating evaluation report cases in the federal courts. It is very important to have counsel on board that understands how the federal courts analyze evaluation report appeals.

Discharge Upgrades

The firm has appeared before all services' Discharge Review Boards seeking to upgrade service members' discharges. Because we are a DC-based firm, we handle a significant number of DRB cases.

BCMR Filings

Our firm has represented service members before the BCNR, ABCMR, CGBCMR and the AFBCMR for a myriad of records correction matters to include promotions, evaluation reports, and other inequities or injustices.

Medical Evaluation Boards/Physical Evaluation Boards

Our firm has represented service members before all existing Physical Evaluation Boards in every service, that is the boards at Fort Lewis, Fort Sam Houston, Walter Reed Army Medical Center, Washington Navy Yard, Lackland AFB, and the Coast Guard.

Reprimands, Article 15s, and Demotions

In this era of downsizing, reprimands and other administrative actions can be career killers if the adverse actions are not addressed. Our firm has extensive experience working with the personnel commands in every branch. We have members of the firm that have served as senior legal advisors to the various review board agencies. We're happy to discuss your case.

Security Clearance Revocations

Our firm has represented both service members and civilians in security clearance revocation matters.

FAQ

Should I take a polygraph?

We are frequently asked whether it is advisable to take a polygraph examination. This is a question where you really need to consult with an attorney over the phone. Usually, the disadvantages to taking a polygraph outweigh the advantages.

There are really only two major reasons the government would want you to take a polygraph:

1. They are trying to get you to make a statement; or,
2. They are legitimately on the fence about whether to bring forward charges and are offering you an exculpatory polygraph.

In our experience, exculpatory polygraphs are typically only used in drug cases. In other words, some commands will use an exculpatory polygraph to assist in determining whether you knowingly used drugs.

The value of taking a polygraph is usually minimal. If you pass the polygraph and they go to trial anyway, the results of the polygraph are inadmissible, but the government can still use your statements against you. In other words, you can't tell the jury you passed the polygraph, but they can tell the jury what you said.

Our general philosophy is to hire our own confidential defense polygraph expert to conduct the polygraph. If you pass the polygraph, we use it. If you fail, no one will ever know.

At the end of the day, whether to take a polygraph requires case-specific advice. Contact us for help!

Can secondary DNA falsely place a person at the scene of a crime?

New research says that it's more common than you think. A new study out of the University of Indianapolis Human Biology Department shows that an innocent person could shake hands with a person who later handles a knife. The innocent person's DNA was secondarily transferred in sufficient quantities to make possible that DNA analysis would conclude they were the only contributor or major contributor.

The use of DNA in military criminal trials demands experience. Historically, military experts from the crime lab were dismissive of defense counsel arguments that DNA on sexual assault victim's clothing could have been secondarily transferred. The new study could provide important areas for cross-examination by counsel.​​​​​

Clemency and Parole

The firm has represented service members seeking clemency and parole from sentences to confinement stemming from courts-martial.