Military Law and Court-Martial Defense Attorney in DC

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When you face a drug charge, you may be confused over what makes it a federal crime and not a state crime. You may also wonder what the classifications of drugs mean and how that can affect the outcome of your case. There are many aspects you should understand when facing such charges so that you can go to court prepared.

Phone: (202) 430-1900

Fax: (202) 430-1900

Office Location: 1101 17th Street NW Suite 1100
Washington, DC 20036

Hours: Monday - Friday | 8am - 5pm

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Filing Suit in Federal Court

If a significant administrative error or injustice has resulted in harm to a service member, it may be appropriate for that service member to file suit against the military service in U.S. District Court under the Administrative Procedures Act (APA), 5 U.S.C. 500 et. seq., or in the U.S. Court of Federal Claims under the Tucker Act, 28 U.S.C. 1491.  These suits are complex and difficult to win; however, with the right facts and the right attorney, it is possible to correct the record and, if appropriate, receive backpay.  It is even possible under the Equal Access to Justice Act, 28 U.S.C. 2412.  However, before any suit can be filed, the service member will be required to “exhaust administrative remedies”. 

The individual bringing the suit, in order to prevail, must prove that the actions of the government agency were arbitrary or capricious, contrary to statute, the constitution or agency regulation.  These are difficult burdens to meet, and there are procedural hurtles that are designed to prevent court from hearing matters.  A successful APA or Tucker Act action begins with the appropriate preparation of the record before the agency.

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Testimonials
What Our Clients Are Saying
  • Without Dennis' counsel, I do not believe that I or my business would have been able to thrive in today's healthcare industry. His experience and knowledge of the law is truly indispensable. Definitely worth every dollar I paid him!

    - Owen
  • Dennis is a gifted attorney. I had the opportunity to work with him first-hand on a variety of matters. Because of his depth of experience and intellect, Dennis was able to quickly identify issues and work toward a favorable resolution for his clients.
    - Susan C.
  • Dennis is a very experienced and skilled criminal litigation lawyer. Being both active in the International Bar Association (IBA), I have come to know Dennis as a person very much dedicated to his work and his clients, and with a broad up-to-date knowledge of legal matters.
    - Enide P.
  • “Dennis is an exceptional white collar defense attorney with global experience. I would not hesitate to call upon Dennis to advise, counsel, and try the most challenging cases for any client or contact of mine.”
    - M. Wolfe
  • “Dennis is an excellent attorney. I have had the pleasure of working with Dennis on numerous complex civil and criminal matters. Dennis handles cases thoroughly and comprehensively, providing his clients with the best possible representation.”
    - J. Autry
  • “Mr. Boyle represented my in a federal income tax issue that became criminal. He helped me through the process and worked with IRS agents and prosecutors for months to reduce me sentence. In the end, I received a sentence of probation and was able to keep my business and put my life back together. My trust in him was well placed.”
    - Anonymous
  • “On one of the worst days of my life, my business caught on fire, and the fire endangered my house that was next store. As I was trying to help the firemen fight the fire, two people I did not know showed up and told me I had to leave. When I tried to explain to them that I was helping the firemen, I was beaten with a club and tased with a teaser. The two police officers, who had not identified themselves, then arrested me for resisting arrest and assault them. They then took me in handcuffs to the hospital and then to the York County prison where I spent the night before making bail. I hired Dennis Boyle to defend me, and after a jury trial, I was found innocent of all charges. “
    - Anonymous

Exhaustion, Waiver and Creation of the Record

One of the first things a court will consider is whether a plaintiff (the person bringing the action) has exhausted his or her “administrative remedies”.  It requires a litigant to bring the complained of action to the administrative agency first and to follow the agency’s appeals process to there are no more avenues of relief left.  In the military services, this means that an person aggrieved by the service must ordinarily attempt to correct the error by going to one of the Boards of Correction, a Discharge Review Board or some other board with jurisdiction over the error.  It may be necessary to contest the board’s action before the Secretary of the military service.  The remedies available and whether they have been exhausted can be confusing.

A related procedural obstacle is waiver.  If a service member fails to avail himself or herself of an available procedural right and the time for that right has expired, a court is likely to find that the issue has been “waived” or given up.  An individual who waits too long to file an application with a Board of Correction may forever give up his or her rights, even if those rights were legitimate.  Rather than trying to wade through a service’s rules and regulations himself or herself, a service members should involve an attorney early in the process to increase the prospects for success.

Even when the case is properly before a court, the court’s review of the action will normally be limited to the “administrative record”.  The administrative record consists of the evidence available to the agency when it rendered its decision.  Everything submitted to the agency becomes part of the record, and the service member has the right to submit any evidence he or she wishes.  It is therefore important to place all available evidence into the record so that it can be argues later.  If evidence was not included in agency submissions, however, it cannot later be introduced into evidence in court.  The court’s decision will be based upon the record.

Our Experience

Commander Boyle has a wide range of experience in military administrative law.  While in the Navy Reserve, he was assigned to the Office of the Judge Advocate of the Navy’s General Litigation section where he defended actions under the APA and the Tucker and Little Tucker Acts.  In that capacity, he learned the ins and outs of this specialized area of the law as he represented the Navy in U.S. District Courts throughout the United States.  Many of these cases involved injunction actions seeking to prevent the discharge of service members or to prevent other adverse consequences.  Few lawyers are as skilled in this area of the law.

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Contact Dennis Boyle, Attorney At Law Today

If you are searching for an experienced criminal defense attorney, Contact Dennis Boyle, Attorney At Law today. We have many years of experience defending clients that have been accused of federal financial crimes. We can help you navigate the complex legal process and provide you with the best defense possible. Contact us today to schedule a free consultation or speak with a member of our legal team.

Practice Areas

White Collar Criminal Defense

Those that find themselves charged with a white collar crime must make sure they have a dedicated defense attorney on their side.
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Investment Arbitration

These high-pressure cases can may prove especially difficult when dealing with countries known for high levels of corruption.
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Securities & Investment Crimes

With these white collar crimes you can face years or even decades of prison time, hefty fines and possibly other criminal charges.
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International Criminal Law

There are many criminal defense attorneys providing legal counsel throughout the Washington, DC area. However, very few of them have the professional experience and legal acumen to handle criminal defense on an international scale.
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Mail / Wire Fraud

Mail and wire fraud are two of the most frequently prosecuted crimes in the US. Both of these crimes are federal felony offenses.
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Fraud Cases

Fraud crimes are often prosecuted much more severely and often involve substantial amounts of money due to the violation of trust.
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Money Laundering

Money Laundering can lead to severe penalties including many years in prison, thousands of dollars in fines and asset seizure.
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Racketeering and Organized Crime

These offenses relate to interference with interstate commerce by threat or violence, interference with organized labor, money laundering, murder-for-hire and illegal gambling.
Learn MoreOrganized Crime in the BalkansWest African Organized Crime

FINRA Cases

Mail and wire fraud are two of the most frequently prosecuted crimes in the US. Both of these crimes are federal felony offenses
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Cyber Crime

Cyber crime is a relatively new and rapidly growing area of law. Too many people, and too many lawyers, think that cyber crimes are just like any other crimes.
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