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.
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.
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