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Thursday, October 30, 2014

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Disciplinary Actions against Military Member Involving Sexual Misconduct Allegations Dropped (UCMJ Article 120 and Article 134)

Military Criminal Defense Lawyer (Former JAG Attorney) News:

Recently, a military enlisted member who received two administrative disciplinary actions surrounding claims of sexual misconduct (UCMJ Article 120 and Article 134) had those actions dropped by the commander based on the defense rebuttal submissions.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.). 

The client received these two disciplinary actions within weeks of each other.  The defense responded to each.  It was the rebuttal to the second action that ultimately resulted in the actions being withdrawn and “torn up” by the commander, instead of being filed in the client’s personnel records.  Due to the nature of adverse administrative actions in the military, no further details about this case can be released. 

While this military justice case was successfully defended, and the client was cleared, 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.  Also, see:

We 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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

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