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Friday, June 22, 2012

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens has Court-Martial Charges Alleging Larceny, and Case, Dropped

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the court-martial charges, and court-martial case, he faced dropped (withdrawn and dismissed) by the government. 

The client initially faced a total of 29 court-martial specifications (allegations), covering 5 pages of the court-martial charge sheet.  These allegations included larceny, wrongful appropriation, wire fraud and conduct unbecoming an officer and gentleman (UCMJ Articles 121, 133 & 134).  As trial approached, the defense aggressively argued the legal and factual flaws in the case, and began chipping away at the specifications.  Some specifications failed to survive the defense motions.  Still, the case proceeded toward a court-martial trial.  The defense continued to point out significant issues regarding the credibility of the government’s witnesses and the clear evidence contrary to the government’s case.  Ultimately, on the eve of the beginning of the court-martial trial, the government agreed to withdraw and dismiss the court-martial allegations and case, addressing the situation administratively instead.

If convicted, the client faced a maximum sentence including hundreds of years of confinement in prison, dismissal (dishonorable discharge for an officer) and forfeitures of all pay and allowances.    

While the court-martial in this case was dropped, and the case was successfully defended against, 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 military case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case. 

For more information on the military justice system, please see our other blog posts.  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: 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 Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

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