COURT-MARTIAL LAWYERS: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS AND FRANK J. SPINNER: September 2012

Thursday, September 27, 2012

CIVILIAN COURT-MARTIAL LAWYERS: FORMER MILITARY OFFICER REPRESENTED BY CIVILIAN DEFENSE ATTORNEY RICHARD V. STEVENS WINS DISCHARGE REVIEW BOARD APPEAL

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a former military officer represented by military law defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was notified that he won the Discharge Review Board (DRB) appeal.

Years ago, the officer client was accused of misconduct and was discharged by a military discharge board panel. At that time, the client was represented by appointed military defense counsel. The client hired civilian defense lawyer Richard V. Stevens for a Discharge Review Board (DRB) appeal. The appeal package was prepared, argued and submitted by Richard V. Stevens, and we recently received notice that the appeal was granted and the DRB upgraded the discharge characterization to an Honorable Discharge, the reason for discharge was changed to a non-adverse reason, and the reenlistment code (“RE Code”) was changed to a non-adverse code.

Due to the nature of adverse administrative actions in the military, no further details about this case can be released. 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, can guarantee the outcome of any military case.

For more information and case descriptions about defending military clients accused of misconduct and filing administrative appeals with the military branch Discharge Review Boards or Boards of Correction for Military Records, please access our blog (http://militaryadvocate.blogspot.com/) and enter “discharge review board” or “DRB” or “board of corrections for military records” or “BCMR” in the blog search box above the top blog post and you will be able to review previous posts about these topics and case defenses. For more information on other aspects of 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.
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 Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Thursday, September 20, 2012

CIVILIAN COURT-MARTIAL LAWYERS: CRIMINAL INVESTIGATION AND CASE (FINANCIAL FRAUD/LARCENY) DROPPED AGAINST MILITARY OFFICER REPRESENTED BY DEFENSE ATTORNEY RICHARD V. STEVENS

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was notified that the criminal investigation and case against him was being dropped with no adverse disciplinary action to be taken – therefore, preventing any adverse impact on his military career progression.

The client was accused of financial fraud for allegedly applying for and receiving money and benefits the client was not entitled to (UCMJ Article 120, Larceny; UCMJ Article 107 False Official Statement; UCMJ Article; UCMJ Article 133, Conduct Unbecoming an Officer and Gentleman). During the investigation of the case, the defense submitted two detailed rebuttal statements to the allegations, describing the truth of the situation and clarifying the misunderstandings and misinterpretations believed by the government.

For more information and case descriptions about defending military clients accused of fraud, larceny, wrongful appropriation and related offenses, please enter “fraud” and/or “larceny” in the blog search box above and you will be able to review previous posts about these topics and case defenses. For more information on other aspects of 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.
http://www.militaryadvocate.com

Monday, September 17, 2012

Jeffrey McDonald - Former Army Green Beret Doctor Seeks New Trial

Jeffrey McDonald, the former Army Green Beret doctor convicted of murdering his pregnant wife and two young daughters, is seeking a new trial based on DNA evidence that wasn't available when he stood trial 33 years ago. The case was detailed in the book and movie "Fatal Vision." The Fox News story appears here:

http://www.foxnews.com/us/2012/09/17/man-convicted-in-fatal-vision-murder-case-to-get-chance-at-new-trial-40-years/

Tuesday, September 11, 2012

9/11 REMEMBERED: PATRIOT DAY

Commemorating the 11th Anniversary of 9/11

September 11, 2012

Letter by 9/11 Memorial President Joe Daniels Commemorating the 11th Anniversary of 9/11

Today, we honor the thousands of innocent men, women, and children who were taken from us too soon eleven years ago. Here at the 9/11 Memorial in New York City, we will read their names aloud. We will stand together in silence at six moments, marking when the Twin Towers were struck, the buildings fell, the Pentagon was attacked, and Flight 93 crashed in a Pennsylvania field. Together, we will remember the devastating loss and reflect on the preciousness of life.

How you choose to observe the 9/11 anniversary is personal. Whether through quiet reflection or prayer, acts of service, or sharing a message of remembrance through social media, please join me in memorializing those who were killed and the sacrifices made on this day eleven years ago.

Despite the unimaginable tragedy of 9/11 itself, this day is also about the spirit of unity that came in the aftermath. It showed us that the best of humanity can overcome the worst hate. It gave us hope for the future.

We now see hope every day at the 9/11 Memorial. We find hope in the Callery pear tree that survived the destruction of the World Trade Center and is now known around the world as the Survivor Tree, standing tall among the Memorial trees. The children who visit give us hope for the future. And we find undeniable strength in the fact that over 4.6 million people from all 50 states and 170 countries have come here to pay their respects since we opened the Memorial one year ago.

We will also see hope at the 9/11 Memorial Museum. Thanks to an agreement forged by the 9/11 Memorial and our Chairman, Mayor Michael Bloomberg, along with Governor Andrew Cuomo, Governor Chris Christie, and the Port Authority of New York & New Jersey, the construction of the Museum will move forward. When it opens, the Museum will be a place for education and inspiration. It will commemorate the lives lost, preserve the history of what happened on that terrible day and tell the stories of courage and compassion that were so much a part of the response to 9/11.

On this eleventh anniversary of the September 11 attacks, please join me in remembering those who were lost and how we came together to honor them in the aftermath. Our thoughts and prayers are with their families. The memories of their loved ones live on in our hearts and in the Memorial that bears their names. They will never be forgotten.

Warm regards,

Joe Daniels
President & CEO

Thursday, September 06, 2012

Navy SEALs: The Secrecy Debate Rages Among Current and Former Operators

I have represented members of Special Forces, Special Operations and elite Special Operations units. Some of these cases have involved classified and/or national security information. I have dealt with cases in which the government has claimed the classified information privilege (Military Rule of Evidence 505), I have prepared for court-martial hearings and trial in a SCIF (Sensitive Compartmented Information Facility), and I have had closed-door classified court-martial sessions. So, I have been exposed to the secrecy not only required within these communities, but expected of, and between, the warriors within these communities.

The coverage of the Bin Laden raid was both gripping and shocking, as normally protected information was publically reported and discussed by U.S. government officials. With the release of the new Bin Laden raid book, and past books by former operators, a debate is raging within the Special Operations community, particularly that of the Navy SEALs.

The latest CNN story addressing this issue - "Navy Seals: A battle for the conscience" by Barbara Starr appears here:

http://security.blogs.cnn.com/2012/09/06/navy-seals-a-battle-for-the-conscience/?hpt=hp_t1

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