Mr. Harward has served as:
Judge Advocate, U.S. Marine Corps
August 1989 - September 1996; September 1998 – April 2009
Assistant Public Defender, Office of the Public Defender, Charlotte, North Carolina,
January 1997 – September 1998
Partner, Cody, Cody, & Harward, LLC
July 2009-September 2011
Professional Experience and Representative Cases
Military Justice and Criminal Law Experience of Mr. Phillip Harward
- Personally represented over 500 Marines/Sailors facing charges on active duty.
- Successfully defended dozens of Marines and Sailors charged with grave felonies before courts-martial, achieving positive results that included dismissals and acquittals. In those cases not contested, achieved reduced sentences due to superior negotiation skills and positive reputation with Convening Authorities.
- Convinced Base Commanding General to dismiss a series of unrelated BAH fraud cases for Marines accused of stealing in excess of $100,000.
- Successfully represented Marine E-6 at Special Courts-martial. Client had previous court-martial conviction. Mixed findings led to the very rare sentence of NO PUNISHMENT.
- Successfully represented Marine E-6 at General Court-martial for child molestation. Charges dismissed.
- Successfully defended Marine E-3 at two special courts-martial; charges dismissed in both cases.
- Represented senior officer accused of stealing government funds (BAH) in the amount in excess of $50,000. Charges dismissed.
- Successfully defended Marine E-4 charged with death of 12 month old charge, resulting in acquittal.
- Successfully defended Marine E-6 charged with possessing large volume of child pornography by suppressing the results of illegal search of client’s personal computer.
- Successfully represented several Marines charged with child molestation each resulting in acquittal.
- Submitted post trial clemency matters on behalf of client convicted of rape that effectively reduced the sentence from 7 years to 16 months.
- Successfully defended a Marine E-4 charged with rape at the Marine Corps Air Ground Combat Center (MCAGCC), 29 Palms, CA. Marine was found not guilty upon a reconsideration by the members.
- Successfully defended an Air Force E-4 charged with wrongful use of cocaine. The Airman was found not guilty.
- Successfully defended an Navy E-5 charged with reckless driving, among other charges. The charges were dismissed.
- Successfully represented Marine E-4 in sentencing for wrongful death of his one year old child. Facing 15 years in jail, members awarded 18 month sentence.
- Achieved sentences of “No Punishment” or simple “Letter of Reprimand” in several cases.
- As the public defender in Charlotte, North Carolina, represented dozens of indigent defendants in felony court charged with offenses including manslaughter, rape, child rape, indecent liberties with children, armed robbery, common law robbery, fraud, and burglary.
- Successfully represented a client accused of rape in Charlotte resulting in charges being dismissed.
- Successfully represented client charged with multiple rape/sex offenses and kidnapping. Client was convicted of misdemeanor offense only.
- Personally prosecuted over 450 criminal cases.
- Successfully litigated dozens of contested Federal jury trials and bench trials involving charges of manslaughter, rape and sexual assault, child rape, molestation and abuse, maiming and aggravated assault, larceny, conspiracy, and felony drug possession and trafficking.
- Successfully prosecuted a complex check fraud scheme involving 12 co-defendants and over $400,000.00 worth of fraudulent checks presented to every military base exchange in the Southern California area.
- Participated in the successful prosecution of the first DNA case prosecuted by the Marine Corps.
- Successfully prosecuted a trio of defendants accused of statutory rape of several victims ranging in age of 12-14.
- Successfully prosecuted Marine E-9 for travel claim fraud.
- As Military Justice Officer/Chief Trial Counsel for Marine Corps Base, Quantico, Virginia, Marine Corps Recruit Depot, Parris Island, South Carolina, and Marine Corps Air Station, Cherry Point, North Carolina, supervised dozens of junior prosecuting attorneys.
- Represented Marine E-6 on multiple charges at special court-martial. Awarded letter of reprimand for punishment. Of note, counsel filed several post trial submissions in this case dealing with misconduct committed by the military judge.
Administrative Law Experience of Mr. Phillip Harward
- Successfully represented Marine O-4 at BOI for allegations of sexual assault. Board found no basis for allegations and officer was retained and case closed.
- Successfully represented Marine E-4 at an Administrative Discharge Hearing for drug abuse (spice.) Board found basis not met and Marine was retained.
- Successfully represented Marine E-2 at an Administrative Discharge Hearing for pattern of misconduct. Board found basis not met and Marine was retained.
- Represented E-3 at an administrative discharge board for hazing and pattern of misconduct. Board found no misconduct and Marine was retained.
- Represented Marine Corps E-4 at an administrative dischage board for misconduct due to drug abuse.
- Successfully represented Marine 0-5 at a BOI of sexual harassment. Members found the allegations to be false and closed the case.
- Successfully represented Marine 0-5 at a BOI of drunk and reckless driving, making false statements and leaving the scene of an accident. The members substantiated only the leaving the scene allegation.
- Submitted a successful petition on behalf of a Marine 0-5 to the Performance Evaluation Review Board (PERB) to remove an adverse fitness report. Report was removed and officer was placed before special promotion board.
- Successfully represented Marine 0-5 before and Administrative Law Judge for reinstatement of a revoked security clearance. Security clearance was reinstated.
- Successfully submitted petition on behalf of a DOD civilian employee whose security clearance had been revoked. The clearance was reinstated.
- Submitted numerous petitions to both the Navy Discharge Review Board (NDRB) and the Board for Corrections of Naval Records, (BCNR) on behalf of Marine Corps and Navy Officer and Enlisted Personnel.
Mr. Harward also served as a Staff Judge Advocate, the senior legal advisor to a major command. In that capacity, he deployed with the 2d Marine Logistics Group (Fwd) to the Al Anbar Province, Iraq, providing the Commanding General legal advice on the Law of Armed Conflict, application of the Standing Rules of Engagement, Administrative, Criminal, and Fiscal law issues. Returning to the United States upon completion of his deployment in Iraq, Mr. Harward served as the Staff Judge Advocate to the Commanding Officer, Marine Corps Air Station, Cherry Point Marine Corps Air advising him on a variety of legal issues to include Criminal, Installation, Labor, and Environmental Law.
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