Gagne, Scherer & Associates, LLC

Gagne, Scherer & Associates, LLC As former JAGs, the experienced military attorneys at Gagne, Scherer & Associates, LLC fight for the rights of U.S. military members.

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Soldiers being court-martialed at Vilseck Army Base (Rose Barracks) in rural Bavaria have burdens their stateside counte...
05/24/2026

Soldiers being court-martialed at Vilseck Army Base (Rose Barracks) in rural Bavaria have burdens their stateside counterparts don’t:

The investigation is often handled jointly by German Polizei and Army CID. Polizei can’t be relied on to investigate a US Soldier objectively for alleged crimes committed against Germans. They will often decline requests to follow leads that might clear the Soldier’s name. MPs and CID might do a better job in that regard, but they can’t be trusted either. An accused Soldier in Germany needs to be aware of steps the Polizei skipped and insist that the MPs or CID run them down.

For hearings and courts-martial, the witnesses might be scattered across Europe, deployment areas, or CONUS locations. Some might be German civilians. Whenever possible, the military will want everyone to testify by VTC to save money. That means a low-quality video feed coming through the courtroom audio/visual system at a time when the Soldier’s entire well-being is on the line.

Medical evidence in a child s*x offense case might have to be obtained through German medical providers. That can be a stubborn process and requires reliable translation when it comes to highly sensitive and particular issues.

As for the Soldier’s defense, a JAG counsel through Trial Defense Services won’t be appointed during the investigation. The Soldier will be on his own for months, maybe more than a year. TDS steps in when formal charges are preferred. But the most important weeks of the case are the ones before that, when the Soldier is on his own. All of that time passes without an attorney intervening with CID, advocating with OSTC, and answering the client’s questions.

And then the TDS attorney who picks the case up is luck of the draw, whoever gets assigned, often a captain two or three years out of law school.

Gagne, Scherer & Associates has been handling Army courts-martial in Germany since the GWOT, when Soldiers were deploying constantly and allegations from downrange came back to Vilseck for prosecution, or when Soldiers got into deep trouble blowing off steam after a few months in the desert. Gagne, Scherer & Associates is transparent about what it costs to hire our former JAGs, publishes its fees online, and doesn’t impose a surcharge for cases overseas.

We get into how OSTC cases actually develop at Vilseck, why the Article 32 is the most important pre-trial event in any OSTC case, and a couple of examples of how the firm’s courts-martial defense of US Soldiers in Germany have actually played out: assault in town with German witnesses, child s*x offense with German medical evidence, and the witness-scattered-across-Europe case where we secured in-person testimony.

If you're at Vilseck and CID or German police have made contact, read this: https://ucmjlawyers.com/army-bases/vilseck-germany-lawyer/

Facing UCMJ charges at Vilseck or USAG Bavaria? Gagne, Scherer & Associates defends soldiers in Germany facing Article 32 and OSTC court-martial cases.

A few things most service members don't know about UCMJ non-contact s*x offenses until they're under investigation:Viewi...
05/19/2026

A few things most service members don't know about UCMJ non-contact s*x offenses until they're under investigation:

Viewing CSAM is a separate offense from possessing it. Even cached images on a computer can prove the images were viewed even if there’s insufficient evidence to prove possession.

A court-martial for a CSAM offense doesn't require there to be a real child. The law includes images of what "appears to be" a minor. Yes, that means AI-generated images too. To Catch a Predator-style ICAC stings work the same way: there's no actual child on the other end of the chat, it's just a cop or a school resource officer pretending to be one.

In a CSAM case, the age of the person depicted is often a core issue. The prosecution can try to prove the age of the minor (or “minor”) is under eighteen through testimony of a pediatrician or nurse examiner to assess the stage of physical development, testimony commonly known as Tanner staging. But OSTC doesn’t have to go that far. Sometimes they just ask the judge or panel to use their eyes and common sense (works better in cases involving toddlers than teens).

S*xtortion cases get charged under multiple articles simultaneously: Article 127 for extortion, Article 120c for the recording, Article 134 for CSAM, and maybe even Article 120b.

We cover what the prosecution needs to prove for each non-contact offense, how OSTC throws every charge it can at the accused, how a savvy defense counsel can create reasonable doubt even during the investigation, and how the mistake of fact defense can win a CSAM case.

If you're under investigation for any non-contact s*x offense, you got involved in a chat you think might come back to haunt you, or law enforcement agents seized your phone and you're worried about what they’ll find, read this: https://ucmjlawyers.com/how-ostc-prosecutes-non-contact-s*x-crimes/

How OSTC prosecutes non-contact s*x crimes under Articles 117a, 120c, and 134, including CSAM, s*xtortion, and voyeurism, plus the mistake of fact defense.

Prosecutors from the Office of Special Trial Counsel rack up substantial frequent flier miles commuting to and from Trav...
05/15/2026

Prosecutors from the Office of Special Trial Counsel rack up substantial frequent flier miles commuting to and from Travis AFB in California to keep up with the pace at McGuire (Joint Base MDL), one of the busiest UCMJ environments in the Air Force. The local ADC office can't handle the entire defense load, so ADCs from other bases have to take the overspill. McGuire’s cases run the usual gamut of OSTC’s covered offenses: CSAM, ICAC, s*xual assault, s*xual harassment, abusive s*xual contact. The base-office trial counsel stay busy, too, with plenty of larceny, Article 112a, and weapons cases.

A steady wave of young Airmen come to McGuire from tech school, many of them not able to hold their liquor or keep their s*xual curiosities in check. But it’s not just the enlisted airmen getting into trouble. McGuire officers have recently been court-martialed for adultery, child po*******hy, s*xual assault, s*xual harassment, assault and battery, and conduct unbecoming.

On this page we go into how old, lawfully obtained pics and vids can suddenly turn you into a s*x offender; what OSI does in the interrogation room, why you need to get a second opinion if any attorney tells you to waive your Article 32 hearing; and what "surrender by inertia" looks like when you settle for staying silent instead of getting an attorney who will aggressively promote your interests while the investigation is pending.

If you're at McGuire and have court-martial charges, or you were told you have a meeting with OSI soon, read this: https://ucmjlawyers.com/air-force-bases/mcguire-lawyer/

McGuire AFB UCMJ lawyers with 20+ years defending Airmen at JBMDL in courts-martial, Article 120, CSAM, and OSI investigations. Free consultation.

A 19-year-old Airman's girlfriend sent him naked pictures when they were both 17. He keeps them on his phone. What he di...
05/12/2026

A 19-year-old Airman's girlfriend sent him naked pictures when they were both 17. He keeps them on his phone. What he didn't know was that the day he turned 18, he suddenly became an adult in possession of CSAM. Under the UCMJ, OSTC can charge a kid like that with a s*x crime and they sometimes do. A good court-martial defense lawyer can stop that from happening.

The Romeo-and-Juliet scenario isn't a typical CSAM case. But the opportunity to influence OSTC's charging decision is present in every case, not just those involving CSAM. And there is an ongoing chance to shape the course of a case, whether during the investigation, at the preliminary hearing, or already in a court-martial. It requires early and frequent intervention, outreach, and persuasion by the defense attorney. While it's true that the accused has a right to remain silent and should use it, that's not true for his attorney, especially in a CSAM case.

The former JAGs of Gagne, Scherer & Associates have been doing these cases for over 20 years. The post examines what the government has to prove when in a CSAM case, why proving the age of the person depicted in the supposed CSAM file can be tricky for the prosecution, and which defenses commonly offered by clients are doomed to fail. It also explains what happens while the case percolates for a year or more. We also candidly reveal how the advice most service members get from the JAG defense or civilian military counsel forfeits the best chance of winning the case.

Read here: https://ucmjlawyers.com/mcguire-afb-csam-court-martial-defense/

Military CSAM defense under Article 134: what the government has to prove, the defenses that don't work, and why a civilian lawyer is critical pre-charge.

Congress created the Office of Special Trial Counsel to drive up conviction rates in serious cases, most notably Article...
05/12/2026

Congress created the Office of Special Trial Counsel to drive up conviction rates in serious cases, most notably Article 120 s*xual assault. They changed the rules, removed defenses, and gave the prosecutors the power to decide which cases go to trial. The SARC/SAPR apparatus plasters lobbies across the military with anti-male messaging. Male barracks often have the same propaganda chalked into the sidewalks. OSTC is only the latest stage of the campaign. Every few years, the activists try to rig the game in new ways.

The court-martial defense attorneys of Gagne, Scherer & Associates keep winning these cases anyway. Across the Air Force, Space Force, and Army installations in Colorado Springs, we have gotten acquittals, charges dropped, and derailed cases from ever making it to trial for allegations of s*xual assault, s*xual harassment, CSAM, crimes against children, drug offenses, and other seirous charges.

Our law firm of former JAGs puts two senior partners on every case, each with more than 25 years in military justice. Gagne, Scherer & Associates doesn't use chatbots or call screeners, and there's no fee for the initial consultation. Our clientele talk to Greg and Keith directly from day one.

Learn more about our work in Colorado Springs and get a few examples of how we outmaneuver the prosecution regardless of how dirty the government fights: https://ucmjlawyers.com/military-bases/civilian-military-lawyer-colorado-springs/

Facing a court-martial at Fort Carson, Peterson, Schriever, or the Air Force Academy? Experienced civilian UCMJ defense lawyers in Colorado Springs since the 2000s.

Congratulations Kristin Helton!
10/25/2016

Congratulations Kristin Helton!

JAG Experience, Worldwide Service from the attorneys at Gagne, Scherer & Associates, LLC. Our former JAG attorneys are here to help you now.

Those new to the military justice system are exposed a tremendous amount of misinformation, which can lead to some fatal...
10/14/2016

Those new to the military justice system are exposed a tremendous amount of misinformation, which can lead to some fatally harmful advice. The bad advice can come from anywhere, including inexperienced lawyers. We're publishing these tips to help people understand and avoid some of the biggest traps that can lead to a court-martial conviction, jail, and an early end to a promising military career.

From the beginning of the case, the court martial defendant faces huge disadvantages. The government will have at least two prosecutors at a court martial.

If you're suspected of a crime, military investigators will eventually try to interrogate you. Until they think they hav...
10/14/2016

If you're suspected of a crime, military investigators will eventually try to interrogate you. Until they think they have you softened up, they won't even tell you what you're accused of or that you have a right not to talk to them at all, or that you can stop the interrogation at any time. We're publishing these tips to educate the military accused on what their rights are, to help them understand that they can be in control of that encounter, and to give them a fighting chance to win their case.

The script, simplified: 1. What exactly am I being accused of? 2. That's not true. I didn't do it. 3. I'm not going to talk to you, I want a lawyer.

A military s*xual assault case can’t be about settling scores. It’s about staying free and staying off of the s*x offend...
10/13/2016

A military s*xual assault case can’t be about settling scores. It’s about staying free and staying off of the s*x offender list. Here’s how you do that..

JAG Experience, Worldwide Service from the attorneys at Gagne, Scherer & Associates, LLC. Our former JAG attorneys are here to help you now.

Any military charge is extremely serious.  Military members that have been accused of a crime should retain legal counse...
03/24/2016

Any military charge is extremely serious. Military members that have been accused of a crime should retain legal counsel as soon as possible. To schedule a free case evaluation with one of our experienced military criminal defense attorneys, call our office today at 877-867-5247.

JAG Experience, Worldwide Service from the attorneys at Gagne, Scherer & Associates, LLC. Our former JAG attorneys are here to help you now.

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