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Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

Defending Recruiters in a Zero-Margin Environment

Recruiting duty is demanding, competitive, and just plain tough. Recruiters work tirelessly to identify and recruit qualified young men and women to serve in our nation’s military. But this comes at a cost. Recruiters are stationed away from the flag pole, have a demanding op-tempo which creates strains on family life, and face the constant pressure to make mission, creating the temptation to cut corners.

MJA has unparalleled experience defending military recruiters facing court-martial or adverse administrative actions.

Contact one of our military defense lawyers today to learn more. Dial (843) 773-5501.

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Common Charges

Recruiters have increasingly become the subject of investigation, nonjudicial punishment, and court-martial prosecution due to allegations of misconduct with poolees and members of the delayed entry program. Common charges that recruiters must defend against include:

  • Article 92 – Failure to obey order or regulation
  • Article 93a – Prohibited activities with military recruit or trainee by a person in a position of special trust
  • Article 107 – False official statements
  • Article 120 – Sexual Assault
  • Article 128 – Assault
  • Article 134 – Indecent conduct, indecent language, or general disorders prejudicial to good order and discipline, or service discrediting
  • Article 134 – Extramarital sexual conduct

Article 93a, effective January 1, 2019, explicitly prohibits recruiters from engaging in sexual activity with potential recruits. This includes anyone who enlists in the delayed entry program and any cadet, midshipman, or officer candidate. Importantly, consent is not a defense under Article 93a.

The individual service branches have separate punitive orders/directives also dealing with this type of conduct, violations of which can be charged under Article 92, UCMJ.

For example, Army Directive 2016-17 prohibits inappropriate relationships and activities between recruiters and recruits.

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Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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View All Results
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Special Considerations

Recruiter misconduct cases are unique. They often involve the testimony of civilians and members of the delayed entry program who are new to and largely unfamiliar with the military. Civilian law enforcement authorities may be involved. The alleged offenses almost always take place in the civilian community, far away from any military post. Typically, military counsel will not be assigned to represent a service member until months after the alleged incident took place, after charges have been preferred. By this time, key witnesses are often scattered throughout the United States and abroad, making communication difficult.

Pretrial investigation is critical to any successful defense. Attorneys use pretrial interviews to lock witnesses into their testimony. These interviews can be used at trial for lines of impeachment, to show a motive to fabricate, or to demonstrate inconsistencies in the government’s evidence. Establishing a clear timeline and presenting good military character evidence provides additional avenues to defend against the charges. With any defense, however, winning at court-martial is ultimately about creating reasonable doubt by telling a better story than the government. But telling a better story doesn’t just happen. It takes hard work, investigation, and experience.

Know Your Rights

Recruiters are particularly vulnerable during criminal investigations. Recruiters are known for being personable and convincing – attributes essential to finding success in recruiting.

As experts in the art of negotiation and sales, there is a strong temptation for recruiters to “cooperate” with law enforcement by providing a statement (written or verbal) or giving consent to a search. This is a mistake. “Cooperating” with law enforcement doesn’t make you appear innocent – it just makes the government’s case against you stronger.

Right to Remain Silent

Service members have an absolute right to remain silent if questioned about a suspected UCMJ violation. Providing a statement to law enforcement almost never helps and may result in additional charges. If the statement you make is different from that of the alleged victim, you may be charged with making a false official statement or obstruction of justice.

In some cases, the underlying allegations go away entirely, and the service member is left with the alleged false statements as the only surviving charges.

Right to Refuse Consent

There is also no obligation to consent to any search or seizure of your person or property. If investigators have probable cause to believe that there is evidence of a crime in a certain location, they must obtain authorization from your commander before conducting a search.

Absent probable cause, the only way law enforcement can search or seize your property is with your consent. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence that they intend to use against you. Don’t be fooled.

Right to Counsel

Service members suspected of a crime have the absolute right to consult with an attorney, military or civilian, before waiving their rights. It is crucial to consult with an attorney if you are suspected of a crime.

The decisions you make while under investigation will directly impact your likelihood of success at trial. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.

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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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Experience Matters

MJA has unparalleled experience defending recruiters facing courts-martial, administrative separations, chapter boards, NJP/Article 15 punishment, relief-for-cause, suspension/removal from duty, and adverse administrative actions.

While on active duty, our attorneys served as military defense counsel, prosecutors, and legal advisors in countless complex and high-profile recruiter misconduct cases. We now use this experience to defend military recruiters throughout the United States, facing allegations of misconduct. MJA knows how to win and stands ready to fight for your career and reputation today.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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Contact MJA Today

If you are a Recruiter under investigation or facing court-martial or administrative action, it is critical that you retain the very best military defense lawyer to protect yourself and your career.

Contact one of our military justice attorneys today at (843) 773-5501 to learn more.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

(843) 755-6535
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