Military Defense Lawyer (Former JAG Attorney) News:
Recently, three enlisted military members in different service
branches who were defended by attorney Richard V. Stevens (Military Defense Law
Offices of Richard V. Stevens, P.C.) had the rape and/or sexual assault court-martial
allegations cases they faced dropped by the government prior to trial in favor
of administrative dispositions (UCMJ Article 120).
In all three cases, the military clients faced a general
court-martial trial and their cases had proceeded past the virtually worthless
new Article 32 hearing process. In each
case, the complaining witnesses were acquaintances of the respective clients
and each complaining witness had significant credibility and motive issues. During heavily litigated motion hearings in
each case, these issues were exposed with the complainants on the witness
stand. After the motion hearings in each
case, the government (with the agreement of the complaining witnesses) agreed
to drop the general court-martial trials and handle each case with
administrative action instead.
If any of these cases, which are akin to felony criminal trials in
the civilian system, had proceeded to a general court-martial trial, and the
accused client had been convicted as charged, the maximum authorized punishment
in the case would have included decades in prison, dishonorable discharge,
total forfeitures of pay and allowances, reduction in rank to E-1, and sex
offender registration would have been required.
While these military court-martial cases were 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 and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.
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.
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 Northern Florida/Georgia areas, but
the military defense representation is worldwide – when necessary, the
attorneys travel to wherever the client is stationed around the world.
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