Attorney Robert Canoy represented a Navy LCDR (O-4) with 19 years of service who was charged with conduct unbecoming an officer in violation of Article 133, UCMJ. The allegation against our client surrounded our client’s post of a video on social media which contained profane language and hand gestures (raised middle fingers). There was no specific Article of the UCMJ which criminalized this behavior, so the Government charged our client with a novel specification of conduct unbecoming an officer. The Government’s charging theory raised significant Constitutional concerns relating to the First Amendment and Due Process notice of criminality. Mr. Canoy aggressively litigated these legal issues in pretrial motions to dismiss, however, the Court denied the defense’s motions and allowed the case to proceed to trial. During the contested trial, Mr. Canoy cross-examined the Government’s witnesses and utilized the military rules of evidence to exclude significant portions of the prosecution’s evidence. After presenting the Defense’s case, the prosecution and Mr. Canoy provided closing arguments and after a quick deliberation our client was fully acquitted.

Attorney Robert Canoy represented a junior military member in Virginia Beach General District Court who was facing a 30 MPH+ over the speed limit reckless driving charge (a class 1 misdemeanor offense) and a traffic citation for driving an unlicensed vehicle. Due to the speed, location, and client’s prior driving record, the client faced a high likelihood of jail time and a permanent criminal record. Understanding the challenges involved in this case, Mr. Canoy worked with the client to do extensive pre-trial preparations to defend the case which ultimately paid off resulting in the Court dismissing both charges entirely, avoiding even a resulting traffic infraction.

A Naval officer was charged with sexual assault of a dependent wife. After the Art. 32 Investigation during which we established significant issues as to the credibility of the complainant, the case was sent to Captain’s Mast on board a Naval ship, at which time the officer was found guilty and reprimanded. Subsequent to the Captain’s Mast, we were able to secure the SETTING ASIDE of the Mast, as well as the termination of administrative separation proceedings. We thereafter assisted our client is securing his promotion which had been held in abeyance due to the charges and our client has been promoted once again.

Navy Captain (0-6) was a squadron commander. During a Preliminary Investigation on allegations of sexual harassment of an E-4, our client provided some false responses to the investigating officer as to what occurred during the incident at a restaurant/bar. After being advised there was a security video of the interaction, and being advised of his Art. 31b rights for false official statement, our client provided accurate answers to the questions. After the interview, our client reportedly requested the IO not to include some of his comments in the report. Our client was detached for cause and taken to Admiral’s Mast for 4 specifications of false official statement as well as conduct unbecoming an officer for endeavoring to impede an investigation. At the administrative separation proceedings (Show Cause Board of Inquiry) our client faced a forced retirement with an Other than Honorable Discharge, as well as a reduction to a reduced paygrade which would result in a significant decrease of retirement income. By a vote of 3-0, the Board recommended our client retire with an Honorable Discharge in his current paygrade of 0-6.