*****DISCLAIMER*****

The following listing of specific case results is provided for your review. You need to be aware that case results depend upon a variety of factors unique to each case. The listing of the case results noted below do not, in any respect, guarantee or predict a similar result in any future case which may be undertaken by this law firm.

GREG D. MCCORMACK HAS BEEN REPRESENTING CLIENTS CHARGED WITH SEXUAL OFFENSES BEFORE VIRGINIA STATE, FEDERAL AND MILITARY COURTS SINCE 1982.  A REPRESENTATIVE SAMPLING OF SOME OF THE RESULTS OF OUR CASES IS PROVIDED FOR YOUR REVIEW.

Client was charged in state court with distribution of child pornography, attempted indecent liberties and use of a computer for solicitation of a child – he was facing 20 years of prison.  In a negotiated plea agreement, we were able to get the solicitation charge withdrawn, upon a guilty plea to the two remaining offenses, with a sentencing cap of 4 years.  Sentencing guidelines called for a confinement range of 1 year, 2 months to 5 years, 3 months.   Upon presentation of our case in sentencing, we were able to secure a ruling from the judge that he would defer imposition of any sentencing for a period of 15 years on both charges, with a 15 year period of probation.  Despite full expectation by our client and his family that he would be going to prison that day for up to four years, our client walked out of court with his family, avoiding any sentence being imposed upon him.

Several young men were charged in the brutal capital murder and rape of a young military dependent wife. Our client confessed to being involved in the rape, but said he left before the woman was murdered by the others. Through extensive pretrial investigation, we were able to determine that the police had placed an informant in jail with one of the co-defendants and possibly our client. We secured an Order from the Court that the informant was required to testify in advance of trial at which time he testified that he overheard our client talking with the co-defendant to the effect that our client admitted that he stabbed the victim. After he testified, we were able to secure recantation of the informant’s testimony to eliminate that testimony which would have come against us at trial after our client had testified. Despite the fact that three co-defendants also implicated our client in the murder, we were able to secure a pre-trial reduction of the capital murder charge to premeditated murder, and then at trial, we secured an ACQUITTAL of the murder charge. Although our client was convicted of rape, based upon his confession, we were able to secure an extremely light sentence of eight and one-half years. Four other co-defendants were each convicted of murder and rape and each were sentenced to two life terms. This case attracted national attention and was the subject of a television documentary which featured Mr. McCormack and his client.

Our client was charged by the military with the rape, sodomy and sexual assault of his stepdaughter over a period of several years. The accusations came out when our client was in Afghanistan and upon his return to the country; he was immediately placed into pretrial confinement.  In addition to the sexual offenses against the child, our client was also charged with sexual assault upon his wife, possession of child pornography, assault and battery on two of his other stepchildren and assorted other offenses that involved theft, transportation and possession of military explosives and ammunition. In addition, the prosecution notified us that they intended to present evidence of a prior child sexual assault allegedly committed by our client 17 years earlier. Prior to trial, several charges were withdrawn including the alleged sexual assault of his wife, as well as the child pornography offense. Several weeks before trial, the prosecution provided us with notice of evidence that on its face, appeared to be devastating to our case - that the child's DNA was found on some adult sex toys that the child was at that point saying our client used on her. Prior to trial, we negotiated a pretrial agreement that provided for entry of guilty pleas to some of the military related offenses in exchange for a confinement cap of 17 years if our client was convicted of the sex offenses, yet allowing us to take the sex offenses, as well as the assault and battery charges to a jury. After several days of trial, and four hours of deliberations, the jury returned with a verdict of NOT GUILTY of all charges related to the sexual abuse of the stepdaughter, as well as the assault and battery of the other stepchildren – we secured those acquittals without our client testifying and we presented no evidence in our defense case.

Our client was charged by the military with raping and sexually abusing his stepdaughter while photographing and videotaping the sex acts. Two independent witnesses testified that they allegedly saw the video tape of the accused having sex with the child. Client was offered a seven year pretrial agreement, but we rejected it and took the case to an enlisted jury, where he was ACQUITTED of all charges.

Our client was charged by the military with rape, sodomy and indecent acts upon his 10 year old step-daughter, in addition to assorted charges related to opening mail, fraudulent use of credit cards and fraudulent enlistment. We negotiated a pre-trial agreement wherein our client agreed to plead guilty to the non-sex charges, in order to reduce our client's maximum exposure in the event of conviction on the sex charges from life without possibility of parole, to 15 years. We then took the charges of rape, sodomy and indecent acts to a contested trial, with a jury. After extensive cross-examination of the alleged victim and another relative, we rested our case without presenting any evidence. The jury deliberated for only 54 minutes and returned a verdict of NOT GUILTY of all of the sex charges. We then proceeded to the sentencing phase on the remaining charges to which our client entered a plea of guilty and the jury sentenced him to only minor military punishment, with no confinement.

Our client was charged in state court with rape and two counts of forcible sodomy of his step-daughter. Prior to trial, we secured a favorable ruling from the Court which prevented the prosecution from presenting evidence obtained during a physical examination of the child. Extensive defense cross-examination of the child developed significant issues as to the credibility of the child. After the prosecution rested its case, we concluded that the best course was not to present any evidence, so we rested our case. The jury returned an ACQUITTAL on all charges in 50 minutes.

Our client was charged with the rape of his young step-daughter. The prosecution directly indicted our client which meant that we had no preliminary hearing to access the evidence against our client. In a jury trial, we secured an ACQUITTAL without our client ever taking the witness stand.

Our client was charged with the rape of his young step-daughter. The prosecution directly indicted our client which meant that we had no preliminary hearing to assess the evidence against our client, or to confront the child before appearing at the trial.  In a jury trial, we secured an ACQUITTAL without our client ever taking the witness stand.

In a military trial, our client was charged with the forcible rape and sexual assault of his twelve-year-old stepdaughter. Prosecution witnesses alleged that our client drugged the child before raping her. Extensive evidence was presented by prosecution and defense expert witnesses on the "rape trauma syndrome."  Our client was found NOT GUILTY of the rape and sexual assault charges by the jury.

A sailor was charged by the military with raping a fourteen-year-old with a couple of his friends. The girl named our client as the rapist, and after hours of interrogation by investigators our client signed a sworn statement wherein he admitted to being the rapist. At trial we were able to convince a jury that his confession was not reliable and that the girl misidentified the client. He was ACQUITTED of all charges.

A young man was charged by local police with several offenses related to engaging in sexual relations with underage girls. We secured the DISMISSAL of all charges prior to the preliminary hearing.

Our client was charged by local police with Aggravated Sexual Battery and Indecent Liberties with his step-daughter. After a jury trial, he was found NOT GUILTY of the Indecent Liberties charge and the jury DEADLOCKED on the remaining charge resulting in a MISTRIAL. Several months later, the Aggravated Sexual Battery charge was nolle prossed.

Our client was charged by the military with 26 offenses against his wife, to include rape, maiming, 5 specifications of forcible sodomy and 11 specifications of assault. After the preliminary hearing, we were able to negotiate a plea agreement which resulted in a Guilty plea to only 4 specifications (maiming, two assaults and communicating a threat) which significantly limited his confinement exposure from life without parole to 11 years. The prosecution asked for a seven year sentence and although the judge imposed a 5 year sentence, our client's confinement was limited to 15 months under the terms of the plea agreement we negotiated. The remaining 22 specifications were DISMISSED.

Our client was charged by the military with rape and indecent assault of a junior soldier in the barracks. Upon questioning by the authorities, our client gave significantly contradictory versions of events. One of his "friends" appeared at trial and testified as to differing stories that our client gave to him - from nothing happened, to they had sex. Our client's DNA was found on the woman’s shirt after the alleged rape. Although our client was convicted of the indecent assault on an earlier occasion, the jury found our client NOT GUILTY of rape. Our client never took the witness stand. On sentencing, although he was sentenced to be discharged from the military, he was NOT SENTENCED TO CONFINEMENT.

Our client was charged by local authorities with rape and abduction of a co-worker. He acknowledged to the police that he did have sexual relations with the woman, at the work place, but contended the acts were consensual. At the trial in Circuit Court, we prevailed on a motion to preclude the prosecutors from putting on evidence related to alleged injuries which resulted in the WITHDRAWAL of the charges by the office of the Commonwealth’s Attorney. We were then able to secure an expungement of the arrest records in the Virginia Court.

Our client was charged by the military with rape and forcibly sodomy of a female shipmate. The alleged victim contended she was intoxicated and asleep at the time of the repeated assaults. Our client was subjected to 3 interrogations where he gave conflicting statements after a polygraph examination. We secured a complete ACQUITTAL by the jury of all charges, without putting on any evidence in our case.

A young man was charged with forcible sodomy and forcible object penetration. Prior to the preliminary hearing, we secured the sworn admission from the alleged victim that all sexual acts were consented to and thereafter secured a DISMISSAL of the criminal charges.

Naval Academy Midshipman in his senior year was accused of rape, sodomy and assorted offenses against another Midshipman. After the Art. 32 Investigation, apparently as a result of discovery issues which we raised, all charges were WITHDRAWN before trial.

A sailor was arrested and charged with rape and object sexual penetration of another sailor by local authorities. He had been at a party at a shipmate's home with several other sailors where some sexual activity occurred. After our client engaged in sex with the female at the apartment, she contacted the local police department with a claim that she had been raped and digitally penetrated by our client. Our client later turned himself in, at which time he was arrested and put in jail on the two charges. Despite the strenuous objection of the prosecutor, we were able to secure a bond for our client and he was released from jail pending the outcome of his trial. We continued to aggressively defend our client and ultimately, when the case went to the preliminary hearing, we secured an agreement resulting in the dismissal of the rape and object penetration charges, in exchange for our client's plea to a misdemeanor charge of simple assault and battery. Our client was able to continue in his military career.

Our client was arrested and charged with rape and object sexual penetration.  He had been at a party at a friend’s home with several other friends where some sexual activity occurred. After our client engaged in sex with the female at the apartment, she contacted the local police department with a claim that she had been raped and digitally penetrated by our client. Our client later turned himself in, at which time he was arrested and put in jail on the two charges. Despite the strenuous objection of the prosecutor, we were able to secure a bond for our client and he was released from jail pending the outcome of his trial. We continued to aggressively defend our client and ultimately, when the case went to the preliminary hearing, we secured an agreement resulting in the DISMISSAL of the rape and object penetration charges, in exchange for a plea to a simple assault and battery offense.

Our client was charged with several felonies related to alleged sexual assault of his wife. In an effort to secure a more favorable jurisdiction for disposition of the case, we successfully secured the transfer of jurisdiction to the military where the case was resolved without any convictions on our client’s record.

Our client was charged by the military with forcible sodomy and three counts of rape related to an incident where several soldiers were drinking in a motel room. The prosecution had witnesses ready to testify that the alleged victim was highly intoxicated and that our client repeatedly kept engaging in sexual activity despite being pulled off of her and told to leave her alone. Prior to the preliminary hearing, we submitted a request for discharge in lieu of Courts-Martial which the prosecution staff effectively laughed at due to the seriousness of the charges. Despite upper level chain of command recommendations that the discharge request be denied, we were able to secure approval of the request and our client totally AVOIDED CRIMINAL PROSECUTION on charges that easily could have put him in prison for life.

Our client was a military physician charged with sexually assaulting a female patient while examining her alone in his office. Our client was found NOT GUILTY of all charges by a General Courts-Martial jury.

Navy corpsman was charged with sexually assaulting two female patients under his care. Both victims positively identified our client as having committed the sexual assaults. Our client made a statement to the investigators to the effect that he did “massage” one of the patients and a search of his barracks resulted in recovery of potentially damaging evidence. Pre-trial negotiations were attempted without success, so the case proceeded to an enlisted jury, which ACQUITTED our client of all charges.

Our client was a male oral surgeon who was charged by the military with sexually assaulting three junior enlisted men in a health care setting. Our client acknowledged having contact with the genitalia of two of the men, however defended his actions as being medically necessary. Our client was found NOT GUILTY of all charges by a General Courts-Martial jury.

Coast Guard enlisted man was charged with attempted rape and indecent assault upon a female crew member after he was found in the female's rack on the ship. Both the alleged victim and our client were intoxicated, however our client later gave a very damaging statement to the investigator. Before the preliminary hearing, we were able to negotiate a pre-trial agreement which provided for dismissal of the attempted rape charge and a plea of guilty to a lesser offense on the sexual assault charge - that plea would eliminate the requirement of our client to register as a sexual offender. The deal provided for the government to suspend any confinement in excess of one year. At trial, despite the prosecution's argument for an 18 month sentence, we secured a sentence of only 30 days of confinement and other minor military punishments.

Our client was charged with forcible sodomy and forcible object penetration in state court. Prior to the preliminary hearing, we secured the sworn admission from the alleged victim that all sexual acts were consented to and thereafter secured a DISMISSAL of the criminal charges.

Our client, who was on probation for a larceny conviction, was arrested and charged with rape of a Russian immigrant who reportedly worked at go-go bars, and who also had her own pornography website.  Despite her background, the rules of evidence under what is commonly known as the “rape shield law” strictly limits the admission of such evidence at trial in defense of a rape charge.   Due to our client’s significant criminal record, as well as the statement he made to the police upon his arrest, putting our client on the stand to testify in defense would have been an unwise move.   At the preliminary hearing, we were able to develop significant issues that would assist us at trial, and which brought into question the underlying credibility of the complainant.   Despite these issues, our client was at grave risk of being convicted of rape if the case went to trial.   A physical examination of the complainant immediately after the alleged rape revealed multiple abrasions, as well as a very large bruise on her arm.  Although our client was held in jail pending trial on a no bond status, we were able to resolve an unrelated probation violation which enabled our client to serve his confinement time on that offense while pending trial on the rape charge.   After extensive pre-trial investigation and negotiations with the prosecutor, we were able to finally secure a resolution of the case with the rape charge being dismissed in exchange for our client’s guilty plea to a reduced charge of simple assault and battery (grabbing her by the arm, which is a misdemeanor offense with no sex offender registration requirement), with 90 days of jail to be served, with full credit for time served awaiting trial.

A man was prosecuted by state authorities for forcible rape of a woman in a motel room. The prosecution had a video tape of our client, and of his friend, which showed the girl in the motel room, passed out from alcohol, lying in a pool of vomit. Our client was ACQUITTED of the charge.

A former teacher was indicted by Federal authorities and charged with 34 felony counts of offenses related to alleged illegal video recording of children and possession of pornography related to children. In our efforts to negotiate a plea agreement with the prosecutor, we were faced with the prosecutor taking a very firm position that our client would have to plead guilty to several charges, which would expose him to a period of confinement under the sentencing guidelines that could effectively be longer than our client’s life expectancy due to his age. Despite the risks related to the case, we rejected the plea agreement offer, advised the prosecutor we were preparing to go to trial, but continued our negotiation efforts. We eventually secured the prosecutor’s agreement to dismiss all but one count of the 34 count indictment, significantly reducing the confinement potential.

Our client was charged by civilian authorities with indecent exposure related to allegations of solicitation for immoral purposes in a public rest room. After an extended trial, the judge agreed to defer findings on the allegations for twelve months, after which the charges were DISMISSED. We were later able to get the criminal arrest record EXPUNGED.

A senior Naval officer was charged by civilian authorities with charges related to solicitation for immoral purposes. The charges were DISMISSED upon our motion after cross-examination of the undercover police officer. After trial, we secured an EXPUNGEMENT of the arrest record.

Senior military officer was charged by local police with solicitation for immoral purposes. We secured a DEFERRED DISPOSITION and eventual DISMISSAL of the charges.

Our client, a defense contractor, was arrested for soliciting prostitution. While there was an overwhelming amount of evidence to convict our client, the judge agreed to take the charge under advisement and later dismiss it.

Our client was charged with soliciting a prostitute. The prosecutor refused to drop or reduce the charge so we took it to trial. Although two police officers testified regarding the evidence, we successfully argued that there was insufficient evidence to prove beyond a reasonable doubt that our client was guilty. The judge ACQUITTED our client.

Our client was charged by local police with solicitation for immoral purposes and visiting a bawdy place. The arrest came as a result of an undercover “sting” operation where a police officer posed as a prostitute. The charges were DISMISSED upon our motion after cross-examination of the undercover police officer. After trial, we secured an EXPUNGEMENT of the arrest record.

Our client faced charges by the military involving a co-worker who alleged that he exposed himself and masturbated in front of her on numerous occasions at work. After the preliminary hearing, all charges were DISMISSED.

A Navy Lieutenant, who was also a college student, was charged with indecent exposure and masturbation after a female student said she observed him masturbating in the school's library. The incident allegedly occurred around noon on a weekday. The Lieutenant was adamant that this did not occur and was extremely upset and worried, since a conviction of this nature would surely mean the end of his Naval career and carried the possibility of up to 2 years in jail. After taking on the case, we had our investigators contact school security to take pictures of the alleged scene. The pictures were helpful to show that our client was sitting on a sofa chair which was in full view of two of the library's main pathways and adjacent to numerous study desks. Armed with this and other evidence, we appeared for trial. At trial, the police officer's evidence was insufficient to prove her case and the judge dismissed both charges. The Lieutenant was able to return to active duty and continue his career without retribution from the Navy.

Our client, a Navy Petty Officer, was charged with two counts of soliciting a minor over the internet for sexual purposes and was facing twenty (15) years in prison. Through negotiations with the Commonwealth’s Attorney, his charges were reduced to two non-sexual misdemeanors and 30 days in jail.

Our client was charged with two counts of soliciting a minor over the internet for sexual purposes and was facing twenty (15) years in prison. Through negotiations with the Commonwealth’s Attorney, his charges were reduced to two non-sexual misdemeanors and 30 days in jail.

Our client was the subject of an internet sting operation by military authorities. After several on-line instant message chats with a person he thought was a 14 year old girl, he arranged to meet the girl for the purpose of engaging in sexual relations. Upon arrival at the meeting place, he was apprehended by the authorities for on-line solicitation of a minor to engage in carnal knowledge. After his apprehension, he left his command without authority and missed ship's movement. Through extensive pre-trial negotiations we were able to secure a pre-trial agreement that called for the dismissal of a charge of attempt to communicate indecent language to a minor, as well as missing movement, with a sentencing limitation that would suspend all confinement in excess of one year. After presentation of evidence and argument at the sentencing phase of our trial, our client was sentenced to serve only 85 days of confinement, in addition to other military punishments.  Our client was returned to military duties after the trial.

Our client was charged by the military with attempting to communicate indecent language to a child, as well four counts of using the internet to solicit a minor for immoral purposes, attempted transfer of obscene materials, as well as possession and distribution of child pornography.  After our office was retained, we were able to negotiate a pre-trial agreement that provided for the case being referred to a lower level of trial and we were also able to secure the withdrawal of two of the counts relating to using the internet to solicit a minor and to attempt to transfer obscene material.  Although the judge sentenced our client to 12 months of confinement, in addition to other forms of military punishment, as well as a fine of $10,000.00, we were later able to secure a reduction of the sentence to 6 months and the fine was not approved.

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