Recently a senior noncommissioned officer defended by attorney Richard Stevens had the forcible sodomy charge (alleging divers occasions), and court-martial, he faced dropped by the government.
After the Article 32 hearing, and during the trial motion hearing, the defense raised a motion to dismiss the case arguing that the law relied upon by government no longer applied to the case. In the face of this motion and the law cited by the defense, the government dismissed the charge and the case.
The maximum authorized punishment for a conviction would have been life imprisonment without the possibility of parole. For clients represented/defended by Richard Stevens, that brings to eleven, the number of military rape, sexual assault and sexual offense cases in the last couple years which did not result in a court-martial conviction for the government – either because the case was dismissed/dropped or because the client was found not guilty (complete acquittal). Please see previous blog posts for descriptions of those cases.
While these criminal cases were 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. For more information on the military justice system, please see our other blog posts.
By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
Blog postscript: Attorney Frank Spinner and I (attorney Richard 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. 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 & The Law Office of Frank J. Spinner for a free consultation.