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Monday, December 27, 2010

Civilian Court-Martial Lawyers:
End of Year Wrap Up and Thank You!

As another year comes to an end, we want to offer our clients our sincere thanks for allowing us the privilege of representing them and their families, and for the successes we have enjoyed in doing so.

We don’t measure “success” by financial bottom lines. As former active duty military JAG attorneys, we do what we do to help military members and their families during very difficult times. Therefore, we define success by how well we were able to help our clients and their families and by outcomes that positively resolved the case against them and set them up for future successes.

As we look back on the year, it is marked by positive outcomes and grateful clients. That is extremely gratifying for us. Some of those successes have been documented in our blog.  Here are links to posts describing the outcomes of some of our cases:

Past Military Court-Martial Cases:

Past Military Rape, Sexual Assault and Sexual Misconduct Cases:

Past Military Administrative Cases:

Past Military Murder, Manslaughter and Homicide Cases:

Past Military Anthrax Vaccination Posts:

This year I (military law attorney Richard V. Stevens) handled military administrative and criminal cases and/or assisted, represented and/or defended clients stationed in 6 different countries and 16 different states.  These have included:


OCONUS:

- Afghanistan
- Iraq
- Germany
- Japan/Okinawa
- South Korea
- Hawaii (Schofield Barracks, Wheeler Army Airfield)

CONUS:

- Colorado:  (Air Force Academy (USAFA), FT Carson, Buckley AFB, Denver)

- Ohio:  (Wright-Patterson AFB)

- Maryland/Virginia/Washington DC:  (The Pentagon, Joint Base Andrews Naval Air Facility/Andrews AFB, Bolling AFB, Langley AFB, Norfolk Naval Shipyard)

- North Carolina:  (Pope AFB, Seymour Johnson AFB, FT Bragg)

- Georgia:  (FT Gillem, Dobbins ARB)

- Wyoming:  (FE Warren AFB)

- South Carolina:  (Joint Base Charleston/Charleston AFB, Shaw AFB, MCRD Parris Island)

- Louisiana:  (FT Polk)

- Arkansas:  (Little Rock AFB)

- Montana:  (Malmstrom AFB)

- Alabama:  (Maxwell AFB)

- Florida:  (Eglin AFB)

- Texas:  (Lackland AFB/Joint Base San Antonio)

- Michigan:  (Camp Grayling)

The military cases I handled this year have included:

- General Court-Martial
- Special Court-Martial
- Administrative Discharge or Separation
- Article 15, NJP, Captain’s Mast
- Reprimand (LOR, GOMOR)
- Admonition (LOA)
- Negative Counseling
- Performance Report or Evaluation Report Appeals – (NCOER, OER, OPR)
- USAF Evaluation Reports Appeals Board (ERAB) Appeals
- Board of Correction for Military Records (BCMR) Appeals - (AFBCMR, ABCMR)
- Discharge Review Board (DRB) Appeals - (AFDRB, ADRB)
- Department of Army Suitability Evaluation Board (DASEB) Appeals
- Formal Physical Evaluation Board (FPEB) Hearings and Appeals (Medical Boards - MEB, IPEB, FPEB)
- Investigations - (IG, AR 15-6, Command Directed, Criminal – CID, OSI, NCIS)

We are very thankful for the successful outcomes we have been able to secure for our clients. But, as we always warn, while the military trials/cases described in our blog posts were successfully defended against, it is important to understand that every case has different facts, and success in previous military courts-martial and military cases does not guarantee success in any particular future court-martial or military case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case or military trial (court-martial).

As the new year approaches, I wish nothing but good fortune to you all. To those American service men and women out there, we are forever indebted to you for your sacrifices and service on our behalf. Thank you again.

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

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Sunday, December 26, 2010

Civilian Court-Martial Lawyers: 
Past Military Court-Martial Cases
Updated (Dec 2010)

This blog post contains links to previous posts addressing military court-martial cases we’ve defended, regardless of the type of allegations at issue:


























For those of you who follow our law firm news, I hope this is helpful. If you have any questions about cases you face, please e-mail us (militarylawfirm@gmail.com) or call us toll free (800-988-0602).

Initial case consultations are free.

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.
Civilian Court-Martial Lawyers: 
Past Military Rape, Sexual Assault and 
Sexual Misconduct Cases
Updated (Dec 2010)

This blog post contains links to previous posts addressing military cases that allege rape, sexual assault and other alleged sexual offenses and misconduct:
























For those of you who follow our law firm news, I hope this is helpful. If you have any questions about cases you face, please e-mail us (militarylawfirm@gmail.com) or call us toll free (800-988-0602).

Initial case consultations are free.

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com


Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.
Civilian Court-Martial Lawyers: 
Past Military Administrative Cases
Updated (Dec 2010)

This blog post contains links to previous posts addressing military administrative cases (discipline and hearings) we’ve defended, regardless of the type of issues addressed by the administrative action:


















For those of you who follow our law firm news, I hope this is helpful. If you have any questions about cases you face, please e-mail us (militarylawfirm@gmail.com) or call us toll free (800-988-0602).

Initial case consultations are free. 

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.
Civilian Court-Martial Lawyers: 
Past Military Murder, Manslaughter and Homicide Cases
Updated (May 2010)

This blog post contains links to previous posts addressing military cases that allege murder, manslaughter and other degrees/types of homicide:








Not all of the military murder, manslaughter and homicide cases have been captured in our previous blog posts. For example, my murder/homicide cases have included:

- A military officer accused of premeditated murder of wife by poisoning.

- A military NCO accused of solicitation, attempted murder and premeditated murder of Al Qaeda insurgent in Iraq.

- A military officer accused of solicitation and conspiracy of premeditated murder of Al Qaeda insurgent in Iraq.

- A military officer accused of murder of infant child by blunt force trauma.

- A military enlisted member accused of murder of toddler by smothering.

- A military enlisted member accused of murder, then manslaughter, due to DUI accident.

- A military NCO accused of murder of wife by strangulation.

- A military enlisted member accused of attempted murder by attempted decapitation.

For those of you who follow our law firm news, I hope this is helpful. If you have any questions about cases you face, please e-mail us (militarylawfirm@gmail.com) or call us toll free (800-988-0602).

Initial case consultations are free.

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.
Civilian Court-Martial Lawyers:  
Military Anthrax Vaccinations 
Updated (May 2010)

This blog post contains links to previous posts addressing the military anthrax vaccination program:








For those of you who follow our law firm news, I hope this is helpful. If you have any questions about cases you face, please e-mail us (militarylawfirm@gmail.com) or call us toll free (800-988-0602).

Initial case consultations are free.

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com


Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.
Civilian Court-Martial Lawyers:
Travel Voucher Fraud, Larceny Charges and Court-Martial Dropped for Military Officer Defended by Attorney Richard V. Stevens

Recently, a military officer facing court-martial charges/allegations of larceny and, generally, claims associated with alleged travel voucher fraud, had the charges and court-martial the officer faced dropped by the government.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

At the time of the alleged misconduct, this reservist officer was mobilized on active duty orders.  Originally, the accused officer faced three charges and 9 specifications in which the government claimed he stole money by receiving monetary benefits he wasn’t entitled to while activated on mobilization orders.  It was immediately clear the government didn’t understand the Joint Federal Travel Regulation (JFTR), but it took considerable effort and time to make them understand their mistakes.  On the eve of the pretrial Article 32 hearing, the case was postponed and ultimately it was dropped when those responsible for authoring the JFTR issued an authoritative memo informing the government they were wrong. 

Unfortunately, it is not uncommon for military attorneys and law enforcement to fail to understand the JFTR.  In this case, however, the government chose not to check with the appropriate finance authorities before preferring court-martial charges that lacked any merit. 

This alleged travel voucher fraud case for a reservist mobilized on active duty orders comes on the heels of two other such military court-martial cases defended by attorney Richard V. Stevens that also didn’t result in conviction.  Here are excerpts from a previous blog post briefly describing those cases:

A senior NCO facing court-martial allegations of travel voucher fraud stemming from a period of active duty mobilization had his court-martial case dropped after the Article 32 hearing was litigated, and on the eve of trial. The government chose to address the case administratively instead of take the case to trial as previously planned.

A field grade officer facing court-martial allegations of travel voucher fraud stemming from a period of active duty mobilization had his court-martial case dropped after the Article 32 hearing was litigated, and on the eve of trial. The government chose to address the case administratively instead of take the case to trial as previously planned.

Those two previous court-martial cases also involved initial larceny and travel voucher fraud allegations stemming from the government’s failure to understand the JFTR.  While these military cases were successfully defended against, 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
http://www.militaryadvocate.com


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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Saturday, December 25, 2010



HAPPY HOLIDAYS!

To all of you and your families, we wish you very happy holidays! Please keep our servicemen and women, and their families, in your thoughts and prayers this holiday season. As we enjoy time off from work and our family time together, there are countless American troops in Afhanistan, Iraq and other overseas locations who get no real holiday vacation this season and who are a world away from their nearest relatives. We need to keep their sacrifices and contributions in mind.



By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC

http://www.militaryadvocate.com

Wednesday, December 08, 2010

Civilian Court-Martial Lawyers:
Company Grade Military Officer Represented by Attorney Richard V. Stevens Obtains Maximum Medical Retirement at FPEB hearing

Recently, a company grade military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) obtained the maximum authorized medical retirement at the FPEB hearing they appeared before. 

This medical retirement process had begun years ago with the initial Medical Evaluation Board (MEB) followed by the Informal Physical Evaluation Board (IPEB) and Formal Physical Evaluation Board (FPEB) placing the client on the Temporary Disability Retired List (TDRL).  After a lengthy period on TDRL, the client faced the TDRL re-evaluation by the IPEB, and disagreed with their findings and recommendations.  He then requested the FPEB hearing.

After the appearance and presentation by Richard Stevens and the client at the FPEB hearing, the disability rating/percentage by the IPEB was increased by 40% by the FPEB and the client was recommended to retire at the maximum disability rating/percentage authorized by statute.  Due to the medical and administrative issues involved in a MEB and/or PEB case, no further details about this case can be provided for privacy reasons. 

This FPEB hearing success follows a successful FPEB appeal for another client earlier this year.  The post about that case appears at:


While the outcome of this military FPEB hearing was successful, 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 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
http://www.militaryadvocate.com

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Thursday, December 02, 2010

Civilian Court-Martial Lawyers:
Larceny Court-Martial Dropped for Military Officer Represented by Attorney Richard V. Stevens

Recently, a military officer facing court-martial charges/allegations claiming larceny had the court-martial he faced dropped by the government.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The client was accused of stealing military property, valued in the multiple six figures, that was then sold to third parties.  The accused client was served with court-martial charges alleging the larceny and the case proceeded to a pretrial Article 32 hearing.  The Article 32 hearing was litigated and much more information about the situation was exposed at the hearing than was previously understood by the government.  After the Article 32 hearing, the court-martial case was dropped.  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included numerous years in prison and dismissal (dishonorable discharge).

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 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
http://www.militaryadvocate.com

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.