Hardball Defense Strategy Turns Allegations Into Full Dismissal
July 23, 2025, U.S. v. E-4, United States Army, Fort Drum, New York. Client is investigated for allegedly communicating online with a minor and arranging to meet with her. Mr. Gapasin immediately filed a Notice of Representation to ensure the Government was aware the Client was represented by civilian counsel. With an upcoming Expiration of Term of Service (ETS), the Government still had not preferred charges against Gapasin's client. The Government initially offers a plea deal, which Gapasin advises the Client to decline. The prosecution later returns with a second offer to plea that is even less favorable. Recognizing weakness in the Government's position, Mr. Gapasin plays hard ball and encourages Client to reject the second offer as well. Soon after, a mistaken disclosure by the client's command revealed that the alleged victim lived overseas and had refused to participate further in the case. This is critical information the Government had failed to disclose in its initial offers. During the investigation, Gapasin and his Client learned that the individual he had allegedly been chatting with was located overseas in England. Once this fact came to light, Mr. Gapasin pushed harder, announcing his Client's intent to proceed to trial. Because the Government cannot compel civilian witnesses residing overseas to testify, its case quickly unraveled. RESULT: CHARGES DISMISSED. Gapasin's strategic advice to refuse multiple plea offers allowed Client to complete his term of service with an HONORABLE DISCHARGE, NO Conviction, NO Confinement, and NO Sex Offender Registration.




