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Thursday, June 15, 2017

Civilian Court-Martial Defense Lawyers: Senior Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens has Involuntary Administrative Discharge Action Dropped and is Retained in Military

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior non-commissioned military officer (NCO) with nearly two decades of service defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the involuntary discharge action he was facing dropped by the military.   

In the military, involuntary administrative discharge board hearings are referred to by different labels, such as board of inquiry (BOI), show cause, officer elimination, adsep board, administrative separation, and administrative discharge board.  In this case, the client was an NCO and faced an involuntary administrative discharge board claiming various deficiencies. 

Because of the nature of administrative actions and board hearings, no specifics about this particular case can be discussed.  However, after receiving the involuntary discharge notification, the defense submitted a lengthy response challenging the alleged discharge bases and providing evidence and witness identification.  After a lengthy review by the government, the involuntary discharge action was dropped.

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 as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly administrative discharge or separation cases, please see:

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

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/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Civilian Court-Martial Defense Lawyers: Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens is Found Not Guilty of All Alleged Sexual Assault Allegations and Retained in Military (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a non-commissioned military officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was found not guilty in a general court-martial trial of all alleged sexual assault allegations he faced, by three complaining witnesses (UCMJ Article 120). 

The NCO client was accused by three junior military members in a training environment of sexually assaulting them during training exercises.  The NCO pled not guilty in his general court-martial trial, and the case was fully litigated with numerous witnesses being called from bases around the country and abroad.  As the case progressed, the truth was exposed as it became clear that the original allegation was made when the accuser faced misconduct allegations herself, and shielded herself through her claims against the defendant. Then, military investigators searched for more complainants and, during their questioning, clearly influenced the others by the information that was given. 

At the close of the case, the NCO client was found not guilty of all alleged sexual assault and sexual offense allegations.  While he was found guilty of a single minor non-sexual offense, he was not sentenced to confinement (jail time) or punitive discharge (bad conduct discharge or dishonorable discharge).

Had there been a sex crime conviction in the case, the military accused could have been sentenced to a dishonorable discharge, many years in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, that did not happen and he can move on from this without the stigma of a sexual assault conviction to affect the remainder of his days.      

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/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.


Thursday, April 27, 2017

Civilian Court-Martial Defense Lawyers: Two Recent Investigative Exonerations of Military Officers Represented by Attorney Richard V. Stevens (Alleged Sexual Assault and Alleged Maltreatment)



Military Defense Lawyer (Former JAG Attorney) News:

Recently, in two separate cases, military officer clients represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) were exonerated and cleared of the UCMJ allegations they were facing.

In the first case, a military officer faced a lengthy investigation into claims by his former girlfriend that she was sexually assaulted by him (UCMJ Article 120).  However, as the investigation progressed and information surfaced, to include electronic communications between them and post-event behavior by the complainant – it became clear that there was no sexual assault as alleged, there was just a former girlfriend with a grudge and a platform (the military sexual assault narrative) to attempt to push her grudge.  The case was dropped with no adverse action being taken against the officer. 

In the second case, a military officer faced several rounds of investigation into claims of Violation of, or Failure to Obey, a Lawful General Order or Regulation, Willful Dereliction of Duty, and Maltreatment of Subordinates (UCMJ Articles 92 and 93).  During the investigation, we submitted two rounds of responses and rebuttals to the allegations.  Ultimately, based on those rebuttals, the officer client was cleared and no adverse action was taken against the officer. 

While the defense was successful in these military cases, 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 as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, see: 


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/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Civilian Court-Martial Defense Lawyers: Senior Military Non-Commissioned Officer Represented by Attorney Richard V. Stevens is Acquitted of Major Fraud Allegation and Clemency is Granted on Minor Allegations to Remove Conviction and Allow Retirement (BAH and Voucher Fraud, UCMJ Articles 121 and 132)


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior, retirement eligible, military non-commissioned officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was found not guilty of the primary court-martial allegation that he committed BAH fraud (UCMJ Article 121, Larceny) worth tens of thousands of dollars.  In the court-martial trial, the client was also accused of filing two partial fraudulent PCS travel vouchers (UCMJ Article 132, Voucher Fraud), which resulted in convictions, but were sufficiently minor in nature to merit clemency being granted by the Convening Authority; setting aside the convictions on those minor allegations and handling them with administrative discipline.  This allows the client to retire from the military.

The main BAH larceny allegation involved litigation of the credibility and motives of the government’s star fact witness, as well as the interpretation and application of BAH regulations – in which different finance experts were called and re-called to testify.  Based on this two-prong attack, the client was found not guilty of the BAH larceny by the court-members (military “jury”), and, based on the minor nature of the other allegations that he was convicted of, he was not sentenced to a punitive discharge or jail time.  Then, in post-trial processing, the minor convictions were set-aside in favor of administrative discipline, which allows the client to retire. 

While the defense was successful in this military larceny and voucher fraud 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 as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly cases alleging larceny, wrongful appropriation, voucher fraud, or other types of theft or fraud, see: 


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/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.