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Jeffrey Liebenguth

Jeffrey Liebenguth

Hawaii-Based Court Martial Lawyer Representing Military Members Worldwide
  • Military Law
  • District of Columbia, Hawaii
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Biography

Mr. Liebenguth specializes in defending military service members facing court-martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other military offenses. Although based in Hawaii, his practice is worldwide and he may be reached at 888-748-1780.

He is a retired Marine Corps military attorney and a former Coast Guardsman. He is a graduate of Amherst College, Emory University School of Law, and Marine Corps University Resident Command & Staff College, where he received a Master’s Degree. In 2006-2007, he deployed with 2d Battalion, 3d Marines to Haditha, Iraq, the unit whose combat deployment is the subject of the 2019 book: The Warriors of Anbar: The Marines Who Crushed Al Qaeda—the Greatest Untold Story of the Iraq War. Mr. Liebenguth later worked at the Pentagon and taught military law at the United States Naval Academy. He has also been an invited speaker at military criminal-law conferences in California and Washington, D.C.

Since beginning his law career in 2003, Mr. Liebenguth has litigated high-stakes military criminal cases from every perspective possible: as a defense counsel, an appellate defense counsel, a prosecutor, and as a Special Assistant United States Attorney. As an appellate defense counsel, he successfully petitioned the Court of Appeals for the Armed Forces and the Navy-Marine Corps Court of Criminal Appeals for oral argument in a remarkable 17 cases.

As a result of his success, Mr. Liebenguth was recognized as the “Silver C.A.A.F. Tongue” award winner for arguing more cases than any other military appellate defense counsel.

Mr. Liebenguth has litigated cases involving accusations of murder, attempted murder, sexual assault, child endangerment, drug violations, and most other UCMJ offenses. He is licensed to practice law in the Supreme Court, the Court of Appeals for the Armed Forces, and all military courts.

Education
Marine Corps University
Masters of Military Studies (MMS) (2013) | Miltiary Operations
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Naval Justice School
Judge Advocate Certification (2004) | Military Law
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Emory University School of Law
J.D. (2002) | Law
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Amherst College
B.A. (1998) | Political Science
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Professional Experience
Owner - Military Law & Appeals Attorney
Liebenguth Law, LLLC Military Law & Appeals
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Pauahi Tower - 1003 Bishop Street - Suite 2700 - Honolulu, HI 96813 888-748-1780
Court-Martial Lawyer
Military Law & Appeals Firm
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Senior Defense Counsel
Marine Corps Base Hawaii
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Staff Judge Advocate (SJA)
Marine Corps Air Station Cherry Point
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Complex Trial Counsel
Marine Corps Base Camp Lejeune
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Command & Staff College
Marine Corps Base Quantico
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Appellate Defense Counsel
Navy-Marine Corps Court of Criminal Appeals
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HQ Marine Corps Legal & Military Law Instructor
Pentagon / Naval Academy
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Defense Counsel & Deployed SJA with 2/3
Marine Corps Base Hawaii
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Coast Guardsman
U.S. Coast Guard
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Publications
Articles & Publications
Racism and Military Justice
Liebenguth Law Blog
Reducing Alcohol-Related Sexual Assault in the Marine Corps
Marine Corps University
Taking Care of Marines: The Need for Greater Education on Personal Finance
Marine Corps Gazette
Be Wary of Waiving Servicemembers’ Civil Relief Act Protections
Marine Corps Gazette
Individual Ambition: Creating a Need for Leadership
Marine Corps Gazette
Speaking Engagements
Preserving Court-Martial Legal Error for Appeal, Marine Corps Defense Counsel Conference, Camp Pendleton, California
Impact of United States v. Fosler, Court of Appeals for the Armed Forces Continuing Legal Education and Training Program, Washington D.C.
Court of Appeals of the Armed Forces
Awards
Clients' Choice Award
Avvo
Top Attorney
Avvo
Meritorious Service Medal
Marine Corps
Navy & Marine Corps Commendation Medal
Marine Corps
Meritorious Service Medal
Marine Corps
Silver CAAF Tongue Award
CAAFLog
Navy & Marine Corps Commendation Medal
Marine Corps
Nominated for Legal Excellence Award for Advocacy
Department of the Navy Office of the Judge Advocate General
Navy & Marine Corps Achievement Medal
Marine Corps Base Camp Lejeune
Navy & Marine Corps Commendation Medal
Marine Corps - Deployed SJA
Navy & Marine Corps Commendation Medal
Marine Corps - Defense Counsel
General R.E. Hogaboom Leadership Writing Contest (2nd)
Marine Corps Association
Coast Guard Good Conduct Medal
USCG
Joint Service Achievement Medal
USCG
Humanitarian Service Medal
USCG
National Defense Service Medal
USCG
Professional Associations
Hawaii State Bar Association
Attorney Member
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United States Supreme Court
Admitted to Practice
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Navy-Marine Corps Court of Criminal Appeals
Admitted to Practice
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Court of Appeals for the Armed Forces
Admitted to Practice
- Current
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Court of Appeals for the Armed Forces (C.A.A.F.)
Admitted to Practice
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District of Columbia Bar
Attorney Member
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Jurisdictions Admitted to Practice
District of Columbia
District of Columbia Bar
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Hawaii
Hawaii State Bar Association
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Air Force Court of Criminal Appeals
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Army Court of Criminal Appeals (Pro Hac Vice)
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Court of Appeals of the Armed Forces (C.A.A.F.)
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Navy-Marine Corps Court of Criminal Appeals
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U.S. Supreme Court
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Fees
  • Free Consultation
    1 Hour. The purpose of the free consultation is to: (1) provide a straightforward analysis of your military legal issue, (2) determine whether Liebenguth Law can assist you and, if we can (3) develop a plan to aggressively investigate, prepare, and defend your case. We don't take every case that comes our way. Sometimes it's just not in the military service member's interest to hire a civilian defense attorney. The free consultation case evaluation will help determine whether that's the case or not and will provide the service member with a better understanding of what they are up against.
  • Credit Cards Accepted
Practice Area
    Military Law
Languages
  • English: Spoken, Written
Legal Answers
Q. NJP restriction question
A: They could try to NJP you or take the suspended pay for "attempted" breaking of restriction. Depending on all of the circumstances, however, you could argue that you did not have the specific intent to break restriction (e.g., it was just an oversight on your part and you corrected the matter once reminded by the NCO). Put differently, for attempt crimes you have to have a "guilty mind"--meaning you would have to have specifically intended to break restriction when ordering the pizza, rather than a mere oversight. If it looks like your command is coming after you for the matter, you should speak with an experienced military law attorney so you can go over the nuances of the circumstances. Hope that helps.
Q. Discharged from the army. RE4 code/General under honorable conditions
A: There is always some chance, but how much of a chance really depends on the totality of the circumstances in your case, including the reason for your separation. In order for your RE4 code to be changed, you generally first have to petition for your discharge (general under honorable conditions) to be upgraded. If it is upgraded by the discharge review board (DRB), they can then determine whether your RE code should also be changed. Here, you would most likely be hoping for an upgrade to an RE3A code--meaning you could get a waiver to reenlist. You should speak to an experienced military attorney so you can describe all of the circumstances (not a good idea to do on a public forum) and have them give you a straightforward assessment of your case. Hope that helps.
Q. Marine corps Sofa license in Okinawa Japan
A: Most likely an orders violation under Article 92 and/or some Article 134 charge for engaging in conduct that is prejudicial to good order and discipline. If your buddy truly didn't know the situation, he should be alright regarding your driving and license status.
View More Answers
Social Media
Websites & Blogs
Website
Liebenguth Law, LLLC - Military Law & Appeals
Videos
Military law and appeals attorney, Jeff Liebenguth, discussing some of his more memorable military appeals cases. Mr. Liebenguth is a Hawaii based military defense attorney that represents service members around the world that are facing court-martial, NJP, adverse administrative action, and all other UCMJ related matters. Military Appeals Success Stories - Jeff Liebenguth - Liebenguth Law, LLLC

Military law and appeals attorney, Jeff Liebenguth, discussing some of his more memorable military appeals cases. Mr. Liebenguth is a Hawaii based military defense attorney that represents service members around the world that are facing court-martial, NJP, adverse administrative action, and all other UCMJ related matters.

Navy service member was charged with attempted murder, conspiracy to commit murder, and reckless endangerment. The Sailor was charged after a drive-by shooting incident in which another service member was shot and wounded. Attempted Murder Case - Jeff Liebenguth In Military Court for Sailor Accused of Drive-By Shooting

Navy service member was charged with attempted murder, conspiracy to commit murder, and reckless endangerment. The Sailor was charged after a drive-by shooting incident in which another service member was shot and wounded.

Military investigators and law enforcement can lie to a military suspect during investigative interrogations. Military case law is clear on this matter. So, for example, investigators could tell a military member suspected of sexual assault that their DNA was found on an alleged victim even though not true. The purpose of such tactics is often to obtain a confession or inculpatory admissions from a service member in an otherwise weak or shaky case. Can Military Investigators from NCIS, CID, OSI, and CGIS Lie to a Military Suspect?

Military investigators and law enforcement can lie to a military suspect during investigative interrogations. Military case law is clear on this matter. So, for example, investigators could tell a military member suspected of sexual assault that their DNA was found on an alleged victim even though not true. The purpose of such tactics is often to obtain a confession or inculpatory admissions from a service member in an otherwise weak or shaky case.

Jeff Liebenguth, a military court martial lawyer, arguing why a service member is not guilty of check fraud and impersonating a government official. Guilty verdict was set aside. Check Fraud & Impersonation - Hawaii Military Lawyer, Jeff Liebenguth, Has Marine's Verdict Kicked

Jeff Liebenguth, a military court martial lawyer, arguing why a service member is not guilty of check fraud and impersonating a government official. Guilty verdict was set aside.

United States Marine was convicted at a general court martial of three specifications of assault consummated by a battery and one specification each of carnal knowledge, communicating a threat, and kidnapping, in violation of Articles 128, 120, and 134. The Marine was sentenced to confinement for 6 years, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable discharge from the U.S. Marine Corps. Mr. Liebenguth represented the service member on appeal. Court Martial Lawyer, Jeff Liebenguth, Arguing For Reversal of Marine's 6-Year Jail Sentence and DD.

United States Marine was convicted at a general court martial of three specifications of assault consummated by a battery and one specification each of carnal knowledge, communicating a threat, and kidnapping, in violation of Articles 128, 120, and 134. The Marine was sentenced to confinement for 6 years, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable discharge from the U.S. Marine Corps. Mr. Liebenguth represented the service member on appeal.

Winning oral argument by Jeff Liebenguth at the Court of Appeals for the Armed Forces, leading to reversal of USMC Officer’s sexual assault conviction. Mr. Liebenguth specializes in defending military service members facing court martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other military offenses. Court Martial Lawyer, Jeff Liebenguth, Gets Marine Officer's Sexual Assault Conviction Thrown Out

Winning oral argument by Jeff Liebenguth at the Court of Appeals for the Armed Forces, leading to reversal of USMC Officer’s sexual assault conviction. Mr. Liebenguth specializes in defending military service members facing court martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other military offenses.

The scientific certainty that usually accompanies DNA evidence can be difficult to overcome--but it's not impossible. Depending on the nature of the allegations and the surrounding circumstances, a court-martial lawyer may be able to use the DNA evidence to show that the accused is innocent. Other times, in sexual assault cases, for example, the presence of a service member's DNA on the alleged victim may be of no moment if the accused is claiming that there was sex, but it was consensual. DNA Evidence in Military Criminal Cases Can Be Overcome Under the Right Circumstances

The scientific certainty that usually accompanies DNA evidence can be difficult to overcome--but it's not impossible. Depending on the nature of the allegations and the surrounding circumstances, a court-martial lawyer may be able to use the DNA evidence to show that the accused is innocent. Other times, in sexual assault cases, for example, the presence of a service member's DNA on the alleged victim may be of no moment if the accused is claiming that there was sex, but it was consensual.

Hawaii court-martial lawyer Jeff Liebenguth discussing the number of options beyond the Initial Review Officer (IRO) 7-day hearing for release from pretrial confinement. Mr. Liebenguth specializes in defending military service members facing court martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other military offenses. Getting Released from Military Pretrial Confinement - Jeff Liebenguth, Hawaii Court Martial Lawyer

Hawaii court-martial lawyer Jeff Liebenguth discussing the number of options beyond the Initial Review Officer (IRO) 7-day hearing for release from pretrial confinement. Mr. Liebenguth specializes in defending military service members facing court martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other military offenses.

Military confession cases are not necessarily hopeless, but they are a lot harder to win. Where a military service member has confessed to a UCMJ violation, their hopes of a not guilty finding at trial will often rest on whether or not their defense attorney can get the confession suppressed. This is no small task, but under the right circumstances a confession or inculpatory admission can be suppressed if the issue is properly and persuasively presented to the military judge. I Confessed to Military Invesitigators, Is a Not Guilty Finding Now Hopeless?

Military confession cases are not necessarily hopeless, but they are a lot harder to win. Where a military service member has confessed to a UCMJ violation, their hopes of a not guilty finding at trial will often rest on whether or not their defense attorney can get the confession suppressed. This is no small task, but under the right circumstances a confession or inculpatory admission can be suppressed if the issue is properly and persuasively presented to the military judge.

Hawaii-based court martial lawyer, Jeff Liebenguth, stressing that a service member suspected of a UCMJ violation should always invoke their right to remain silent and their right to speak to a lawyer. Never speak to military investigators from NCIS, CID, OSI, or CGIS if suspected of a military crime. Invoke Your Right to Remain Silent & Right to Speak to a Lawyer Before Any Military Interrogation

Hawaii-based court martial lawyer, Jeff Liebenguth, stressing that a service member suspected of a UCMJ violation should always invoke their right to remain silent and their right to speak to a lawyer. Never speak to military investigators from NCIS, CID, OSI, or CGIS if suspected of a military crime.

Hawaii based court martial lawyer Jeff Liebenguth litigating the unfairness of a dishonorable discharge for a Navy service member that was convicted at court martial. The case is U.S. v. Warren and the argument was before the Navy-Marine Corps Court of Criminal Appeals. Jeff Liebenguth in Military Court Arguing the Unfairness of Dishonorable Discharge

Hawaii based court martial lawyer Jeff Liebenguth litigating the unfairness of a dishonorable discharge for a Navy service member that was convicted at court martial. The case is U.S. v. Warren and the argument was before the Navy-Marine Corps Court of Criminal Appeals.

Marine service member was found guilty of knowingly possessing child pornography and was sentenced to a bad-conduct discharge from the Marine Corps. On appeal, his conviction was set aside and dismissed. Service member was represented by Hawaii based military attorney, Jeff Liebenguth. Jeff Liebenguth Successfully Has Marine's Conviction & Discharge Overturned by Military Court

Marine service member was found guilty of knowingly possessing child pornography and was sentenced to a bad-conduct discharge from the Marine Corps. On appeal, his conviction was set aside and dismissed. Service member was represented by Hawaii based military attorney, Jeff Liebenguth.

This case involved UCMJ charges against a United States Marine for attempted adultery and conspiracy to obstruct justice. Mr. Liebenguth is a retired Marine Corps military defense attorney that specializes in defending military service members against all UCMJ offenses in court-martial or military adverse administrative hearings. Marine Adultery and Conspiracy Case - Military Defense Attorney, Jeff Liebenguth, Arguing on Appeal

This case involved UCMJ charges against a United States Marine for attempted adultery and conspiracy to obstruct justice. Mr. Liebenguth is a retired Marine Corps military defense attorney that specializes in defending military service members against all UCMJ offenses in court-martial or military adverse administrative hearings.

Marine faced UCMJ desertion and breaking restriction charges at court-martial. Mr. Liebenguth argued on the Marine’s behalf on appeal. Mr. Liebenguth is a retired Marine Corps military defense attorney that specializes in defending military service members facing court-martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other UCMJ offenses. Military Defense Attorney, Jeff Liebenguth, Arguing Against Marine's Breaking Restriction Conviction

Marine faced UCMJ desertion and breaking restriction charges at court-martial. Mr. Liebenguth argued on the Marine’s behalf on appeal. Mr. Liebenguth is a retired Marine Corps military defense attorney that specializes in defending military service members facing court-martial, NJP, administrative proceedings, and criminal appeals for allegations of rape, sexual assault, fraud, drug offenses, violent crimes, and all other UCMJ offenses.

Mr. Liebenguth in court arguing that a military service member is not guilty of fraudulent enlistment in the U.S. Marine Corps. Mr. Liebenguth is a Hawaii based court martial lawyer and a retired Marine Corps military defense attorney that specializes in defending military service members facing court-martial, NJP, adverse administrative proceedings, and criminal appeals. Military Defense Attorney, Jeff Liebenguth, Arguing at the Court of Appeals for the Armed Forces

Mr. Liebenguth in court arguing that a military service member is not guilty of fraudulent enlistment in the U.S. Marine Corps. Mr. Liebenguth is a Hawaii based court martial lawyer and a retired Marine Corps military defense attorney that specializes in defending military service members facing court-martial, NJP, adverse administrative proceedings, and criminal appeals.

Adultery conviction overturned. Jeff Liebenguth is a Hawaii-based court martial lawyers who represents military service members around the world. This Marine’s case began with a sexual assault and adultery charge. At trial he was acquitted of the sexual assault charge but convicted of the adultery. Mr. Liebenguth took the Marine’s case to the Court of Appeals for the Armed Forces (C.A.A.F.) and successfully had the adultery charge reversed. Military Law and Appeals Lawyer, Jeff Liebenguth, Gets Marine's Adultery Conviction Overturned

Adultery conviction overturned. Jeff Liebenguth is a Hawaii-based court martial lawyers who represents military service members around the world. This Marine’s case began with a sexual assault and adultery charge. At trial he was acquitted of the sexual assault charge but convicted of the adultery. Mr. Liebenguth took the Marine’s case to the Court of Appeals for the Armed Forces (C.A.A.F.) and successfully had the adultery charge reversed.

Navy-Marine Corps Court of Criminal Appeals oral argument regarding Marine service member’s sexual assault conviction. Hawaii based court martial lawyer, Jeff Liebenguth, arguing to the court that the evidence is insufficient to sustain a conviction. The case is U.S. v. Wood. Military Lawyer, Jeff Liebenguth, Arguing in Court for Reversal of Marine's Sex Assault Conviction

Navy-Marine Corps Court of Criminal Appeals oral argument regarding Marine service member’s sexual assault conviction. Hawaii based court martial lawyer, Jeff Liebenguth, arguing to the court that the evidence is insufficient to sustain a conviction. The case is U.S. v. Wood.

Military court martial case for Marine charged with attempted premeditated murder for hiring a hit man to kill his wife for $10,000. Attempted murder conviction reversed by the Navy-Marine Corps Court of Criminal Appeals. Jeff Liebenguth is a Hawaii based court martial lawyer that represent military service members worldwide. Murder For Hire Case - Jeff Liebenguth Successfully Arguing for Attempted Murder Conviction Reversal

Military court martial case for Marine charged with attempted premeditated murder for hiring a hit man to kill his wife for $10,000. Attempted murder conviction reversed by the Navy-Marine Corps Court of Criminal Appeals. Jeff Liebenguth is a Hawaii based court martial lawyer that represent military service members worldwide.

A military service member that attempts to investigate their own case will almost always find themselves in a worse position than when they started. There are just too many opportunities for mistakes, many of which the service member would never have contemplated. The best practice for a service member is to remain silent and have their defense counsel take the lead on investigative action. Recipe for Disaster: A Military Service Member Attempting to Investigate Their Own Case

A military service member that attempts to investigate their own case will almost always find themselves in a worse position than when they started. There are just too many opportunities for mistakes, many of which the service member would never have contemplated. The best practice for a service member is to remain silent and have their defense counsel take the lead on investigative action.

The primary purpose of an Article 32 Hearing is for a general court-martial convening authority to obtain a recommendation from the Article 32 Hearing Officer on whether there is enough evidence to warrant the case being sent to a general court-martial. The standard of proof is very low--a preponderance of the evidence, 51%. A military service member facing an Article 32 hearing may waive the proceeding, but doing so is generally ill-advised unless there is a compelling strategic reason for it. Should A Military Service Member Waive Their Article 32 Preliminary Hearing?

The primary purpose of an Article 32 Hearing is for a general court-martial convening authority to obtain a recommendation from the Article 32 Hearing Officer on whether there is enough evidence to warrant the case being sent to a general court-martial. The standard of proof is very low--a preponderance of the evidence, 51%. A military service member facing an Article 32 hearing may waive the proceeding, but doing so is generally ill-advised unless there is a compelling strategic reason for it.

Military Law and Appeals defense attorney, Jeff Liebenguth, discussing why a military service member should retain legal representation if under investigation by military law enforcement, like NCIS, CID, or OSI. Under military rules, a service member is not entitled to a free active duty lawyer until after charges are brought or the service member is placed into pretrial confinement. This results in a service member having nobody protecting their interests from the outset, which is a mistake. Under Investigation - Retain a Civilian Military Defense Attorney If You're Under Investigation

Military Law and Appeals defense attorney, Jeff Liebenguth, discussing why a military service member should retain legal representation if under investigation by military law enforcement, like NCIS, CID, or OSI. Under military rules, a service member is not entitled to a free active duty lawyer until after charges are brought or the service member is placed into pretrial confinement. This results in a service member having nobody protecting their interests from the outset, which is a mistake.

Jeff Liebenguth, a Hawaii based military law and appeals defense attorney, discussing that the best time to get a military defense attorney is as soon as a service member realizes they are under investigation or suspected of committing a UCMJ crime. When's the Best Time to Get a Military Lawyer? As Soon as You're a Suspect or Under Investigation.

Jeff Liebenguth, a Hawaii based military law and appeals defense attorney, discussing that the best time to get a military defense attorney is as soon as a service member realizes they are under investigation or suspected of committing a UCMJ crime.

Military defense attorney, Jeff Liebenguth. stressing that military law enforcement investigators (NCIS, CID, OSI, CGIS) will likely seize and search a military service member's phone during an interrogation. Your Phone - Military Investigator Interrogations & Search and Seizure of a Military Member's Phone

Military defense attorney, Jeff Liebenguth. stressing that military law enforcement investigators (NCIS, CID, OSI, CGIS) will likely seize and search a military service member's phone during an interrogation.

Contact & Map
Liebenguth Law, LLLC
1003 Bishop Street - Pauahi Tower
Suite 2700
Honolulu, HI 96813
Toll-Free: (888) 748-1780
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Thursday: Open 24 hours (Today)
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Saturday: Open 24 hours
Sunday: Open 24 hours
Notice: Call anytime to speak to an experienced court martial lawyer.