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Friday, May 27, 2016

HAPPY MEMORIAL DAY WEEKEND!

We hope you have a very happy and meaningful Memorial Day (weekend).  In the midst of your other activities, please take some time to reflect on the meaning of the holiday and say thank you for those brave Americans who made the ultimate sacrifice for our great country!

Thursday, May 19, 2016

Civilian Court-Martial Lawyers: Forcible Rape and Sexual Assault Court-Martial Allegations, and Court-Martial Case, Dropped Against Senior, Retirement Eligible, Military Noncommissioned Officer Represented by Attorney Richard V. Stevens (UCMJ Article 120)


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior, retirement eligible, military noncommissioned officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the forcible rape and sexual assault court-martial allegations, and court-martial case, dropped by the government prior to trial (UCMJ Article 120). 

The complainant was an acquaintance who claimed the forcible rape and sexual assault had occurred years ago.  After the Article 32 hearing under the new limited rules (which reduced the hearing to a worthless formality in this case), in which the complainant refused to attend and testify, the case was referred to trial by general court-martial.  Despite the difficulties of investigating such dated claims, the defense was able to uncover significant information that impacted the credibility and motives of the complainant, and this information was presented via motion in anticipation of the pretrial motion hearing in this case.  Based on that information being exposed by the defense, the complainant withdrew from the case and it was dropped just prior to trial.   

The client has since retired honorably from the military.  

If the case had proceeded to a general court-martial trial, and the accused client had been convicted as charged, the maximum authorized punishment in this case would have included life in prison, dishonorable discharge, total forfeitures of pay and allowances, reduction in rank to E-1, and sex offender registration would have been required. 

While this military court-martial case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.

We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com


Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Civilian Court-Martial Lawyers: Senior Military Officer and Commander Represented by Attorney Richard V. Stevens, Who Was Previously the Subject of Criminal Investigation, Promoted to Next Superior Command


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer and commander who was previously accused of criminal conduct and was investigated by military criminal investigators – and who had the case against him ultimately dropped after the conclusion of the investigation – has now been promoted to his next superior command.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

In years past, the officer client was wrongfully accused of serious criminal conduct and was subject to a lengthy military criminal investigation.  After that investigation was concluded, the case against the officer client was dropped and his record was cleared.  Now, consistent with that clear record, the senior military officer has received promotion to his next superior command. 

Due to the nature of this dropped military criminal case, no further details about this case can be released.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case. 

For more information on military criminal investigations and the military justice system, please see our other blog posts and http://militaryadvocate.com/practice-areas/inspector-general-complaints-and-investigations/.

Thank you. 

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com


Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Retains Professional Qualification After Board Presentation


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who was facing revocation of his professional qualification was retained after submission of his administrative board presentation.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The officer client was accused of various alleged wrongs and violations by a commander who disagreed with how the officer performed his professional military duties.  After the defense rebuttal to the command investigation and submission to the administrative board, the officer client prevailed and will continue in his assignment without limitation or adverse action. 

Due to the nature of adverse administrative actions in the military, no further details about this case can be released.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case. 

For more information on military investigations, administrative boards, and the military justice system, please see our other blog posts and http://militaryadvocate.com/practice-areas/command-investigations/.

Thank you. 

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law and military justice. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.