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Tuesday, January 01, 2013

Civilian Court-Martial Defense Lawyers: End of Year Wrap-Up and Welcome to 2013

Military Defense Lawyer (Former JAG Attorney) News:

Another year has come to an end, and it was another gratifying year of defending those who defend us!  We want to sincerely thank our clients for allowing us the privilege of representing them and their families.  Thank you all so much for your service and your sacrifice!

As former military defense JAG lawyers, and now as civilian court-martial defense attorneys, we strive to help military members and their families during very difficult times.  Therefore, we measure the term “success” by how well we were able to help our clients and their families with outcomes that positively resolved the military cases, allegations, adverse actions and investigations they faced – not by our financial bottom lines. 

Looking back on 2012, it was marked by positive outcomes and grateful clients – from court-martial trials dropped and won to successful appeals and responses to other military adverse actions and discipline.  These outcomes are extremely gratifying for us.  Some of the successes from this past year have been documented in our blog (when we have time to post updates). 

This past year, I defended, represented, advised, counseled or otherwise assisted clients and or handled cases out of:

- Air Force Academy, Colorado
- Davis-Monthan AFB, Arizona
- Dover AFB, Delaware
- Kirtland AFB, New Mexico
- Peterson AFB, Colorado
- Vance AFB, Oklahoma
- Joint Base McGuire-Dix-Lakehurst, New Jersey
- Moody AFB, Georgia
- Duke Field, Florida
- Joint Base Andrews, Maryland
- Fort Stewart, Georgia
- Fort Bragg, North Carolina
- Fort Rucker, Alabama
- Naval Station Norfolk, Virginia
- Fort Polk, Louisiana
- Joint Base Pearl Harbor-Hickam, including Schofield Barracks and Wheeler AAF, Hawaii
- Reservists and National Guard members in California and Oklahoma
- Cases arising out of deployments in Afghanistan

Some of the cases, allegations and military law issues I handled this past year included:

- Larceny, Wrongful Appropriation (UCMJ Article 121)
- AWOL & Desertion (UCMJ Articles 85 & 86)
- Insubordination, Failure to Obey Lawful Orders, & Dereliction of Duty (UCMJ Articles 91 & 92)
- Rape, Sexual Assault, Sexual Misconduct (UCMJ Article 120)
- Forcible Sodomy (UCMJ Article 125)
- Drug Offenses, Wrongful Use, Possession, Distribution of Controlled Substances (UCMJ Article 112a)
- Assault (UCMJ Article 128)
- False Official Statements (UCMJ Article 107)
- Conduct Unbecoming an Officer and Gentleman (UCMJ Article 133)
- Joint Federal Travel Regulation (JFTR) fraud
- Wire fraud under federal code
- UCMJ Article 134 offenses including:
  - Adultery
  - Fraternization
  - Sexual Harassment
  - Accessing adult and child pornography on the internet
  - Dishonorable Failure to Pay Debt
  - Obstruction of Justice

Some of the adverse actions I have defended against this past year have included:

- Court-martial trials
- Administrative discharge/separation boards
- Article 15, Nonjudicial Punishment (NJP)
- Performance report appeals (OER, NCOER, OPR, EPR)
- Board of Corrections for Military Records (BCMR) appeals in different military branches
- Discharge Review Board (DRB) appeals in different military branches
- MEB/PEB cases in different military branches
- Flying Evaluation Boards (FEB)
- Freedom of Information Act (FOIA) requests
- “Don’t Ask, Don’t Tell” (DADT) appeals
- Military Academy discipline, disenrollment, boards, and appeals

Here are some links to posts describing the outcomes of some of my 2012 cases:

We are very thankful for the successful outcomes we have been able to secure for our clients this past year.  But, as we always warn, while the military court-martial trials and other military 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. 

Given the potential consequences to military careers, families and personal freedom when facing military discipline, adverse action and/or court-martial trial, it is critical to be defended by a lawyer with experience in military law.  For those seeking assistance, we offer free initial case consultations. 

Please contact us by:
Toll Free Phone:  (800) 988-0602

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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