Happy Thanksgiving!

Wishing you and yours a very Happy Thanksgiving!  To all the American military families out there, particularly those separated from each other due to military service, a very special thank you.  In the words of USMC Father Dennis O'Brien:

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THE SOLDIER

It is the soldier,
not the reporter,
who has given us freedom of the press.

It is the soldier,
not the poet,
who has given us freedom of speech.

It is the soldier,
not the campus organizer,
who has given us the freedom to demonstrate.

It is the soldier,
not the lawyer,
who has given us the right to a fair trial.

It is the soldier,
who salutes the flag,
who serves under the flag,
and whose coffin is draped by the flag,
who allows the protesters to burn the flag.

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Pilgrim Edward Winslow describes the first Thanksgiving in 1621:

Our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together after we had gathered the fruits of our labor. They four in one day killed as much fowl as, with a little help beside, served the company almost a week. At which time, amongst other recreations, we exercised our arms, many of the Indians coming amongst us, and among the rest their greatest king Massasoit, with some ninety men, whom for three days we entertained and feasted, and they went out and killed five deer, which we brought to the plantation and bestowed on our governor, and upon the captain and others. And although it be not always so plentiful as it was at this time with us, yet by the goodness of God, we are so far from want that we often wish you partakers of our plenty.

By:  Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as a military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS ADVERSE ACTION DROPPED

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a field grade military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the military adverse action he faced dropped by his commander.    

Because this was an administrative case, and there are Privacy Act and service branch regulations regarding case information, specific details will be withheld.  However, this senior military officer hired attorney Richard V. Stevens, from the Military Defense Law Offices of Richard V. Stevens, P.C., to represent him based on an allegation and adverse action he was facing in the military.  If this action stuck, he would not be promoted and his career progression would end.  Further, this would have impacted his eventual military retirement grade and pay.  So, despite this being an adverse action, there was a lot on the line.    

In response to the adverse action, we submitted a comprehensive rebuttal package.  This package included corroborating evidence and character letters we obtained.  In addition, the client had a personal presentation that we prepared him for, in which he presented his case to the commander.  Based on the rebuttal package and the client’s personal presentation, the commander dropped the adverse action.

While the representation in this military case was successful, 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 involving administrative disciplinary actions, see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, DMV, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY PILOT REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS HIS FEB RECOMMENDATION APPROVED BY COMMAND

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military pilot defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had his Flying Evaluation Board (FEB) recommendation to continue flying in his jet approved. 

The pilot faced an FEB for alleged violations of flight rules. 

Military pilots – both fixed wing and rotary wing – can face adverse actions against their authorization to fly for a variety of reasons.  Mishaps and crashes.  Alleged violations of flight rules.  Alleged safety violations.  Failure to progress in training.  In these adverse actions, the pilot could face being reassigned or even permanently grounded (disqualified from further aviation service).  In certain aggravated cases, the pilot could also face losing the right to wear their wings on their uniform. 

For military pilots, these boards go by different names.

In the Navy, it is called the Field Naval Aviator Evaluation Board (FNAEB).  In the Marine Corps, it is the Field Flight Performance Board (FFPB) and Flight Status Selection Board (FSSB).  In the Air Force and Army, it is the Flying Evaluation Board (FEB).  There are also other boards for military aviation issues, depending on the type of aviation incident involved.  This includes Safety Investigation Board (SIB), Accident Investigation Board (AIB), and/or Command Directed Investigation (CDI).

A flying board in the military is a formal administrative hearing before fellow pilots in which recommendations are made about whether the respondent pilot should remain in aviation service, and whether that pilot can continue to wear his/her wings.  Based on that recommendation, the pilot could continue his/her military career, or he/she could face the loss of their flying career, military career, and be involuntarily administratively discharged from the service.

It is important to understand that after hearing all of the testimony and considering all of the evidence in the hearing, the Board members make a recommendation – which may or may not be followed.  In this FEB case, the Board members concluded that the pilot should be reinstated to continue flying his fighter aircraft.  That recommendation, however, still had to be approved by the command of the aviation community.  Thankfully, the command approved the FEB’s recommendation, which reinstated the pilot to continue flying his jet. 

While this military aviation case resulted in a positive outcome, 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 involving aviation issues and Flying Evaluation Boards, see:

https://militaryadvocate.com/practice-areas/flying-evaluation-board/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS OVERCOMES MILITARY ALLEGATIONS OF PROFESSIONAL MISCONDUCT AND DERELICTION

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) overcame military allegations of professional misconduct and dereliction, and found a new beginning in his civilian professional career. 

Because this was an administrative case, there are Privacy Act and service branch regulations regarding case information, so specific details will be withheld.  That said, the officer client served in the military in a career field that also required a professional license.  The officer was accused of misconduct and dereliction in the military, and the military attempted to prevent the officer from performing duties under his professional license. This was a particularly important issue because the officer was about to separate from the military, and his professional license was crucial to working in that field when he left the military.

In response to these administrative military adverse actions, we submitted several responses and appeals.  These submissions dealt with the fair application of professional standards as well as fairness in the process.  In response to our submissions, the adverse actions were put on hold and ultimately the officer separated honorably from the military.  In the civilian world, the former officer successfully retained his professional license and obtained work in that field. 

If the military adverse actions he faced had been maintained, the officer could have lost his professional license and would have had to start his career path all over again after separating from the military and despite years of schooling to obtain the professional license.      

While the representation in this military case was successful, 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 involving administrative disciplinary actions, see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS FRAUD CASE DROPPED

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the fraud case he faced dropped by the military.

The officer client was accused of, and investigated for, allegedly committing fraud in the military contracting process.  We denied the allegations, which were being investigated by military and civilian authorities.  The government intended to either pursue a general court-martial or to hand the case over to civilian authorities.  We maintained that the client did not commit the alleged fraudulent activity.

After a protracted and complicated investigation, the civilian authority made the decision not to the purse the case.  After more lengthy investigation by the military, they too made the decision to the drop the court-martial case.  Instead, they took minor administrative action and the officer’s military career continued.     

Had there been a court-martial trial and conviction in this case, the client could have been sentenced to a punitive discharge (dismissal for an officer) and a lengthy term of confinement in prison.  Thankfully, the truth was revealed that there was no fraud, and the client was spared this risk of permanent damage to his future. 

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 larceny and fraud, see:

https://militaryadvocate.com/practice-areas/larceny-wrongful-appropriation-fraud/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS DISCIPLINARY ACTION DROPPED AND RECORD CLEARED

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a field grade military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the disciplinary action he faced dropped by his command, and his personnel record was cleared. 

Because this was an administrative case, and there are Privacy Act and service branch regulations regarding case information, specific details will be withheld.  However, this senior military officer hired attorney Richard V. Stevens, from the Military Defense Law Offices of Richard V. Stevens, P.C., to represent him during a military investigation, and then to assist him with his rebuttal when he received administrative disciplinary action. 

We disputed the allegations in this case, both factually and legally.  Consequently, we submitted a lengthy rebuttal package detailing our issues with the case.  Based on the rebuttal package, the command dropped the disciplinary action and cleared the officer’s record. 

If this disciplinary action had been upheld and remained in the officer’s record, it likely would have impacted his chances to progress in rank and position, and it may have resulted in his administrative discharge from the service. 

While the representation in this military case was successful, 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 involving administrative disciplinary actions, see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: TWO SENIOR MILITARY OFFICERS REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETIRE HONORABLY, AT HIGHEST RANK, AFTER OFFICER GRADE DETERMINATION (OGD) REBUTTALS

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, two senior military officers represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) retired honorably from the military, at the highest ranks they served, after successfully rebutting the Officer Grade Determination (OGD) actions they faced. 

When an officer retires from the military, but faces an investigation or disciplinary action prior to retirement, an OGD action can be triggered.  In an OGD action, the service branch Secretary or designee determines what rank to retire the officer in, and considers what highest rank the officer held “satisfactorily.”  In other words, the officer can retire at a lower rank than he/she held while serving. 

In these two cases, both officers received disciplinary actions based on alleged misconduct prior to hiring our firm.  We were hired by the officers when they applied for retirement and received their formal OGD notifications. 

In response to the OGD notifications, we submitted compelling rebuttal packages, which detailed the quality service each officer provided to the military at the highest rank they served in.  Given the nature of the alleged misconduct in both cases, however, the potential outcome of the OGD was far from certain.  Ultimately, after consideration of our rebuttal packages, each of the officers was retired at the highest military rank they served in. 

Because these were administrative cases, more details cannot be provided to protect the clients’ privacy interests. 

While these two military OGD 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 involving administrative appeal actions, see:

https://militaryadvocate.com/practice-areas/b-c-m-r-other-military-appellate-boards/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Military Defense Law Offices of Richard V. Stevens, P.C.

Civilian Criminal Defense Lawyer and Military Defense Lawyer

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY NONCOMMISSIONED OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS VIOLATION OF LAWFUL GENERAL ORDERS AND MALTREATMENT CASE DROPPED (UCMJ ARTICLE 92 AND ARTICLE 93)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military noncommissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the violation of lawful orders and maltreatment court-martial case he faced dropped by the military after the Article 32 hearing (UCMJ Articles 92 & 93).

The military client was accused of, and investigated for, allegedly maltreating two trainees. He faced court-martial charges and the case proceeded to a pre-trial Article 32 hearing. Ultimately, after the Article 32 hearing concluded, the military dropped the court-martial case against the client and he continued on in his military career. 

In the military justice system, if the government intends to proceed to a general court-martial (felony type criminal trial), they must first go through an Article 32 hearing in which a field grade JAG serving as a Preliminary Hearing Officer (PHO) hears evidence and testimony and then makes a non-binding recommendation about how the case should be handled.  That recommendation does not need to be followed by the government. Regardless of the recommendation, the government is authorized to proceed to trial by general court-martial after the Article 32 hearing if they believe it is warranted.

In this case, the allegations were not supported by the witnesses.  This was presented by the defense at the Article 32 hearing, and immediately after the hearing.  That is what led to the charges and court-martial case being dropped.  Had there been a court-martial trial and conviction in this case, the client could have been sentenced to a punitive discharge (Dishonorable Discharge or Bad Conduct Discharge) and a term of confinement in prison.  Thankfully, the case was dropped and the client proceeded on in his military career.   

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, please see:

https://militaryadvocate.com/practice-areas/courts-martial-trials/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: FIVE DIFFERENT MILITARY MEMBERS REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAVE SEXUAL ASSAULT CASES DROPPED (UCMJ ARTICLE 120)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, five different military members in different service branches who were represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault allegations and cases they faced dropped by the military (UCMJ Article 120).

One of the benefits of the change in the military justice system that replaced commanders as the decision makers with JAG attorneys in the Office of Special Trial Counsel is that JAG attorneys are required to follow their rules of Ethics and Professional Responsibility and to not make decisions based on the political winds of the day, but based on evidence and legal standards.  As such, if a case has fatal flaws, most JAG attorneys will not push such a case to trial while politically pressure commanders often did so.  Below are brief descriptions of the five latest military sexual assault cases to be dropped by the government:

1.  The first case was a junior noncommissioned officer accused of domestic violence and sexual assault by his former wife in the midst of a divorce and custody fight.  Prior to the family law fight, the complainant had never claimed she was victimized by the client in any way.  Although the complainant went to military law enforcement with her new false claims of abuse, she apparently did not expect that the client had kept all of their text messages.  Before any charging decisions were made by the government attorneys, we turned over text messages from the complainant that clearly showed that the allegations were false and were motivated by her vindictive fight to gain full custody of the children. After the government re-interviewed the complainant with those messages, the government attorneys then dropped all allegations against the client and cleared his record before the case ever proceeded to charges. 

2.  The second case was a junior enlisted member accused of sexual assault by a fellow military member and fellow trainee.  She had a boyfriend at the time of the alleged sexual interaction, and she also knew she would be in trouble for any romantic behavior between her and the client during their training status.  Despite her false claims, we had text messages and photos that showed all of the activity between them was consensual, it was just damaging for her personal life and military career.  We provided this evidence to the government and the sexual assault case was dropped before it ever proceeded to charges. 

3.  The third case was another junior enlisted member accused of sexual assault after a party by a woman who was married to someone else.  In this case, we didn’t even have to turn over any evidence.  The witness interviews made clear that the complainant’s claims were false and that she was clearly sexually pursuing and engaged with the client despite her convenient claims that she was not interested in the client.  The government attorneys dropped the sexual assault case before it ever proceeded to charges. 

4.  The fourth case was senior enlisted member accused of sexually assaulting a civilian after a party.  In this case the pre-charging witness interviews also turned out to be the critical evidence, as the complainant’s story was contradicted in many critical ways and she ultimately withdrew from the case when more questioning was requested based on these contradictions.  The government attorneys dropped the case before it ever proceeded to charges. 

5.  The fifth case was a senior officer accused of sexually assaulting a former romantic partner after they broke up.  Prior to the break up, the complainant had never claimed to have been victimized by the officer client.  In this case, the client (through defense counsel) made a couple pre-charging statements, and we pointed out the problems with the complainant’s story compared to the evidence and other witnesses.  The government attorneys dropped the general court-martial case against the officer and instead pursued the case with low level administrative action instead. 

Had there been general court-martial trials and sex crime convictions in these cases, the clients would have had federal criminal convictions and could have been sentenced to a punitive discharges (dismissal for an officer), lengthy terms of confinement in prison and, in addition, they would have been required to register as sex offenders.  Thankfully, the cases were dropped when the truth was revealed, and these clients were spared this risk of devastation to their futures. 

While these military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: TWO MILITARY MEMBERS REPRESENTED BY ATTORNEY RICHARD V. STEVENS FOUND NOT GUILTY OF ALLEGED SEXUAL ASSAULT AND PHYSICAL ASSAULT IN BACK-TO-BACK COURT-MARTIAL TRIALS (UCMJ Article 120 & Article 128)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, two military members who each faced a general court-martial (GCM) in which they were accused of sexual assault and physical assault were found not guilty of those allegations (UCMJ Article 120 & Article 128). The accused military members were defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

In the first case, the enlisted military client was accused of sexually and physically assaulting a female military member after a party in which they both consumed alcohol. During the litigated general court-martial trial, the defense raised the inconsistent versions of the complainant’s story, problems with the testimony of other government witnesses, called our own witnesses and presented our own evidence, raised the complainant’s motives to fabricate, and delivered a comprehensive closing argument. The client was found not guilty of all charges.

Three days after that military trial concluded, Attorney Stevens traveled to a different military base to prepare for and litigate another general court-martial trial. 

In the second case, the enlisted noncommissioned officer (NCO) was also accused of sexually and physically assaulting a female military member after a party in which they both consumed alcohol. During the litigated general court-martial trial, the defense raised the inconsistent versions of the complainant’s story, lies the complainant told in motion hearings and on the stand, problems with the testimony of other government witnesses, cross-examined the government’s expert witness, called our own witnesses and presented our own evidence, raised the complainant’s motives to fabricate, and delivered a comprehensive closing argument. This client was also found not guilty of all charges.

Back-to-back trials and acquittals are unusual, but, despite the environment in the military justice system regarding these issues, the accused clients were still acquitted and had their records cleared. Had there been a conviction regarding these sexual assault and physical assault allegations, the clients would have faced the end of their military careers and the possibility of many years in prison, as well as sex offender registration requirements. Thankfully, these military clients were not convicted and were cleared to continue their military careers. 

While these serious sexual assault allegations in 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.

In addition to the sexual assault allegations in these cases, Attorney Richard V. Stevens has defended many, many other allegations of rape and sexual assault and physical assault within the military justice system over the course of decades. He has been practicing military law since 1995. For more information about the military justice system, particularly cases alleging rape and sexual assault in the military, see:

https://militaryadvocate.com/practice-areas/sex-crimes/

We offer free consultations for a case you may be involved in.  Just call us.

Thank you.    

Military Defense Law Offices of Richard V. Stevens, P.C.

Civilian criminal defense lawyer and military defense lawyer

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SECURITY CLEARANCE RESTORED

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had his security clearance restored after a federal hearing. 

The officer client was accused of failure to properly disclose information that was relevant to the TS/SCI security clearance that he was applying for. Prior to hiring Attorney Richard Stevens, the officer’s security clearance was suspended. The Defense Counterintelligence and Security Agency (DCSA) Consolidated Adjudication Services (CAS) served a Statement of Reasons (SOR) on the officer detailing their concerns. Despite the officer’s response to the SOR, the DCSA denied the officer’s security clearance. If this decision stood, this would have impacted the officer’s future rank, assignments, career progression and it could have resulted in his involuntary discharge from the military.

Based on the DCSA security clearance denial decision, the client retained Attorney Richard Stevens to handle the security clearance appeal hearing. Attorney Stevens appeared with the client before a federal administrative judge in a security clearance hearing convened before the Department of Defense, Defense Office of Hearings and Appeals (DOHA).

Similar to other litigated court/board hearings, this formal hearing involved gathering and presenting relevant evidence, calling and questioning relevant witnesses, calling the client as a witness, and delivering a closing argument that applied the evidence, testimony, and standards in the case, and rebutted the government attorney’s claims against the client.

After the hearing concluded, the judge made a recommendation that went to the Personnel Security Appeals Board (PSAB) for final decision. Based on our hearing presentation, the PSAB determined that the officer client should receive the security clearance that was previously denied.    

While this security clearance appeal case resulted in a positive result, 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 involving security clearance issues, see:

https://militaryadvocate.com/practice-areas/military-national-security-defense/

We offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

https://militaryadvocate.com/

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.