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Wednesday, November 18, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: MILITARY SENIOR NONCOMMISSIONED OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS FOUND NOT GUILTY OF ATTEMPT TO KILL UNBORN CHILD IN COURT-MARTIAL TRIAL (UCMJ Article 119a)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military senior noncommissioned officer who faced a general court-martial (GCM) in which he was accused of domestic violence was found not guilty of attempt to kill an unborn child (UCMJ Article 119a).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The military SNCO client was accused of multiple acts of domestic violence.  Prior to trial, he had made written statements that included damaging admissions.  He was convicted of the acts he admitted to in his pretrial statements.  However, he was also accused of attempt to kill his unborn child when his former wife was pregnant.  He pled not guilty to this allegation, and it was litigated at trial. 

The allegation ended up being based solely on the testimony of the complainant, as the medical records, pregnancy test, and timeline did not support the claim.  The complainant was cross-examined about the allegation, and her claim became even more suspect based on her answers.  Even though the government had an expert forensic nurse, they did not call her to testify about this allegation, likely because the objective evidence did not support the allegation.  Ultimately, the client was found not guilty of the allegation.

Had there been a conviction regarding this allegation, the client would have faced the possibility of life in prison.  Thankfully, that did not happen.  While this serious allegation in 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.

In addition to the allegation in this case, Attorney Richard V. Stevens has defended multiple military cases in which there were allegations of murder or manslaughter.  This includes cases out of combat operations, in which use of lethal force was questioned.  For more information about the military justice system, particularly cases alleging murder or manslaughter, see:

https://militaryadvocate.com/military-offenses/murder-manslaughter-homicide-defense/

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.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Monday, November 02, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: RETIREMENT ELIGIBLE SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS DISCIPLINARY ACTION SET ASIDE AND RECORD CLEARED

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a retirement eligible senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the disciplinary action he received set aside and his record was cleared for retirement.

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details.  However, what can be generally described is…

The senior military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action despite his rebuttal.  We appealed that disciplinary action and the appeal was granted, setting aside the disciplinary action, removing it from his records, and clearing his way to retirement.

While this military 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 administrative disciplinary cases, please see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

https://militaryadvocate.com/practice-areas/administrative-dischargeseparation/ 

https://militaryadvocate.com/practice-areas/performance-report-appeals/

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.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Monday, October 19, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SECOND RECENT JUNIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a second junior enlisted military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault court-martial case he faced dropped by the military after a pretrial motion hearing (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually and physically assaulting his former military girlfriend.  Their relationship ended badly, and the complainant began dating another co-worker.  She then made her formal complaints that she was physically and sexually assaulted by the client during the relationship.  Charges were preferred against the client and the case proceeded past the Article 32 hearing and was referred to trial by general court-martial. 

As the case proceeded toward the “felony” type military trial, the defense filed multiple motions that were heard during the pretrial motion hearing.  These motions addressed the complainant’s background and issues regarding her credibility and reliability.  Some motions were heard in a closed motion hearing session.  After the motion hearing concluded, the case looked very different than it did during the military’s investigation.  Still, the case proceeded toward trial.  On the week before trial, with the motion rulings pending, the government elected to drop the court-martial charges and case against the client, and resolved the case with administrative action instead. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dishonorable discharge, a lengthy term of confinement in prison (possibly decades) and, in addition, he would have been required to register as a sex offender.  Thankfully, the court-martial case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.


Friday, October 09, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: JUNIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120)


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a junior enlisted military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault court-martial case he faced dropped by the military after a pretrial motion hearing (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually assaulting his former wife.  Their marriage ended badly, and the divorce was acrimonious.  The complainant made a lengthy statement to military law enforcement investigators in which she claimed she was sexually assaulted on more than one occasion by the client.  Charges were preferred against the client and the case proceeded past the Article 32 hearing and was referred to trial by general court-martial. 

As the case proceeded toward the “felony” type military trial, the defense filed multiple motions that were heard during the pretrial motion hearing.  These motions addressed the complainant’s background and issues regarding her credibility and reliability.  Several of these motions were heard in closed motion hearing sessions.  Shortly after the motion hearing concluded, and the case looked very different than it did during the military’s investigation, the government elected to drop the court-martial charges and sexual assault case against the client, and resolved the case with administrative action. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dishonorable discharge, a lengthy term of confinement in prison (possibly decades) and, in addition, he would have been required to register as a sex offender.  Thankfully, the court-martial case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

 https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.