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Thursday, May 09, 2019

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: JUNIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT 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 case he faced dropped by the military before court-martial charges were preferred (UCMJ Article 120).

The military client was accused of, and investigated for, having sex with a military acquaintance when she was supposedly too intoxicated to consent.  The defense expected the witnesses to dispute that the complainant was too intoxicated, and to confirm she was engaged in behavior that indicated she was interested in the client, but one witness had a different perspective.  The initial allegation in the case came from a bystander who was romantically interested in the complainant, and it appeared from the outset that he was the driving (jealous) force who was truly pushing the complaint.  Because of this, we sat back and waited to see if the complainant would truly commit to the prosecution of the case – knowing that she was not too intoxicated to consent and that her behavior that night was all indicative of interest in the client.  

We received mixed messages from the government about whether the case was going forward, and requests for subject interview that we declined.  Ultimately, the complainant would not commit to going forward and the government dropped the case before court-martial charges were preferred.  This case was different than most, because our strategy in this case was to sit back and wait for the case to crumble based on what the other witnesses were saying and the complainant knowing we would be asking tough questions based on what those witnesses saw, whereas we are normally confronting the case head-on and presenting a glimpse of the government’s future case problems through defense submissions.

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge, a lengthy term of confinement in prison and, in addition, he may have been required to register as a sex offender.  Thankfully, the 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:


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.

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, March 29, 2019

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL MISCONDUCT AND OTHER MISCONDUCT COURT-MARTIAL CHARGES AND CASE DROPPED (UCMJ ARTICLE 120)


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual misconduct and other misconduct allegations and military court-martial case he faced dropped (UCMJ Article 120).

The military client was accused of engaging in an incident and situation that included alleged sexual misconduct, other misconduct, and supposedly attempting to cover up the alleged offense (obstruction of justice) afterward.  He was represented by attorney Richard V. Stevens from the point he was charged until his court-martial case was dropped. 

The military client was charged with the offenses and faced an Article 32 hearing.  Prior to the Article 32 hearing, the defense made multiple submissions in which we raised significant concerns about how the investigation was conducted, and the incorrect conclusions drawn from that flawed investigation.  We then identified numerous witnesses to present these points at the Article 32 hearing.

The government then reconsidered the case and determined that the court-martial charges and allegations should be withdrawn and the court-martial case was dropped before the Article 32 hearing was scheduled to take place. 

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

While this military court-martial and sexual offense 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:


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.

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS RAPE CHARGE AND CASE DROPPED (UCMJ ARTICLE 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the forcible rape allegation and military court-martial case he faced dropped (UCMJ Article 120).

The officer client was accused of forcibly raping, and injuring, a civilian acquaintance.  He was represented by attorney Richard V. Stevens from the date he was charged until his case was dropped.  The officer client was charged with forcible rape by the military and faced an Article 32 hearing.  At the Article 32 hearing, the defense called multiple witnesses and presented considerable evidence regarding the lack of credibility and motives of the complaining witness.  This was followed by a lengthy written argument about these topics.

After considering the testimony and evidence in the case, the senior military JAG officer who served as the Article 32 Preliminary Hearing Officer (PHO) found that no probable cause existed that the officer committed the alleged forcible rape and recommended the case be withdrawn and dropped, rather than proceed to trial by general court-martial.  The military followed this recommendation and withdrew the charge and dropped the case. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dismissal (dishonorable discharge), life or decades in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, the case was dropped and he was spared this devastation to his future.  He can now move on from this case without the stigma of a sexual assault conviction which would have affected the remainder of his life.    

While this military court-martial and rape 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:


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.

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: NON-COMMISSIONED OFFICER (NCO) REPRESENTED BY ATTORNEY RICHARD V. STEVENS AVOIDS DISCIPLINARY ACTION


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a non-commissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) avoided disciplinary action after a command misconduct investigation.  

The NCO client was accused of misconduct and faced a command investigation when he retained attorney Richard V. Stevens.  As the investigation proceeded, attorney Stevens made a submission on the client's behalf that was critical of key aspects of the investigation as well as the manner in which the investigation was being conducted. 

After consideration of that defense submission, the client's command decided not to serve any formal disciplinary action on the client.  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, including military investigations, 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.

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.