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Tuesday, October 29, 2013

Civilian Court-Martial Lawyers: Sexual Assault, Sexual Misconduct and Maltreatment Court-Martial Allegations, and Court-Martial Case, Dropped Against Noncommissioned Officer Represented by Attorney Richard V. Stevens (UCMJ Articles 92, 93 & 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military noncommissioned officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault, sexual misconduct, and maltreatment court-martial allegations, and court-martial case, dropped by the government in favor of an administrative disposition (UCMJ Articles 92, 93 & 120). 

The client had court-martial charges preferred against him, which named several different “complainants.”  The case proceeded to an Article 32 pretrial hearing; however, at the hearing the truth of the situations leading to the military charges and allegations was exposed through defense questioning and submission of contradictory evidence.  Based on what was exposed during the hearing, the Article 32 Investigating Officer recommended dropping the court-martial case in favor of an administrative resolution.  

After the hearing, the defense offered an administrative resolution which was accepted by the government and the court-martial allegations, and court-martial case, were dropped against the client.  Due to the nature of adverse administrative actions in the military, no further details about this case can be released.

If the case had proceeded to a general court-martial trial, and the accused client had been convicted as charged, the maximum authorized punishment in this case would have included decades in prison, dismissal (equivalent to dishonorable discharge), total forfeitures of pay and allowances, and sex offender registration would have been required. 

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 about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  We also offer free consultations for a case you may be involved in.  Just call us.

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 Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

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