Military
Defense Lawyer (Former JAG Attorney) News:
Recently,
a decorated senior military officer, who had received medals for heroism in
combat in the Middle East, won his involuntary administrative discharge board
hearing and will continue on in his military career. The client was represented and defended by military
law attorney Richard V. Stevens (Military Defense Law Offices of Richard V.
Stevens, P.C.).
The
hearing, also referred to as a “show cause hearing” or “board of inquiry (BOI),”
is a litigated hearing in front of board members (like a jury). On behalf of the client, the administrative hearing
included having to cross-examine a flag officer and two wing commanders, and
argue against their opinions.
Ultimately, not only did the board members vote to retain the client,
they determined that he did not commit the primary alleged misconduct, even
with the low burden of proof required for the government in an administrative
hearing.
Due to the
nature of adverse administrative actions in the military, and the fact that the
hearing was closed, 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 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.
http://www.militaryadvocate.com
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 Norther Florida, but the military
defense representation is worldwide – when necessary, the attorneys travel to
wherever the client is stationed.
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