Happy Veterans Day!

 Thank you to all who have served!

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETAINED IN MILITARY AFTER FACING INVOLUNTARY ADMINISTRATIVE DISCHARGE CASE

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in the military after facing involuntary administrative discharge action.      

In the military justice system, a military member can face involuntary administrative discharge action (“getting kicked out”) for a variety of reasons.  These reasons can include alleged misconduct.  If the military member is not authorized to have their case heard in an administrative discharge board hearing (“Show Cause” board, “Board of Inquiry” [BOI], “Officer Elimination” board), then the case is decided based on the member’s written rebuttal package. 

In this case, the military member had previously received a disciplinary action for alleged misconduct, but was a junior officer who was not authorized an administrative discharge board hearing.  We were hired to represent the officer client in preparing the written rebuttal package in response to the involuntary administrative discharge notice. 

A written rebuttal package for an administrative discharge case can include the member’s response statement and argument for retention, letters of support, awards and decorations, performance reports, other accomplishments and recognitions, and military career documents. 

The disadvantage of not being entitled to a board hearing is that the board deciding the case does not hear from the member personally, or hear from witnesses, or hear the attorney arguments.  Instead, they consider a written package, so it must be particularly compelling to achieve retention.    

In this case, we submitted a compelling package that included obtaining and submitting important letters of support.  Ultimately, after reviewing the rebuttal package, the officer client was retained in the military to continue serving.  Because this was an administrative case, more details cannot be provided to protect the client’s privacy. 

While this involuntary administrative discharge case was successfully defended, and the client was retained in the military, 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 discharge actions, see:

https://militaryadvocate.com/practice-areas/administrative-discharge-separation/

We offer free initial 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 ASSAULT AND SEXUAL ASSAULT CASE DROPPED (UCMJ ARTICLE 128 AND ARTICLE 120)

 

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 assault (UCMJ Article 128) and sexual assault (UCMJ Article 120) case he faced dropped by the military instead of preferring court-martial charges. 

The military client was accused of, and investigated for, allegedly assaulting and sexually assaulting his former wife during their marriage.  His wife made these claims when the officer client was seeking to divorce her and to obtain shared custody of the children.  Upon learning of the divorce/custody fight, she immediately became combative, vindictive, sought custody of the children, and made these allegations against the military officer.  She simultaneously attempted to use these allegations made within the military system to justify her custody of the children in civilian family court.  This is a very common scenario within the current military justice system.    

The military investigation into these allegations was lengthy, and we disputed the allegations on the military and civilian side of the case.  The accuser’s motives to lie were obvious, and she had significant credibility issues.  Ultimately, the Office of Special Trial Counsel elected not to prefer charges, and the command dropped the case altogether.  This allowed the military officer to retire honorably from the military.     

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge (dismissal for an officer), a lengthy term of confinement in prison and, in addition, he would have been required to register as a sex offender and would certainly have lost custody of his children.  Thankfully, the case was dropped and could not be used as leverage by the accuser.   

While this military court-martial and sexual assault 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 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. 

By:  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: TWO MILITARY OFFICERS REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAVE DRUG USE CASES DROPPED (UCMJ Article 112a)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, in two separate, unrelated, cases, military officers defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the drug use cases they faced dropped by the military (UCMJ Article 112a).    

In the first case, the military officer client was accused of illegal drug use based on talk about what supposedly happened out at a social event one evening.  We disputed the claim and the rumors it was based on, and an investigation followed.  Ultimately, when the investigation closed, the drug use allegation was dropped. 

In the second case, the military officer client was accused of illegal drug use based on a positive urinalysis test.  The client was retirement eligible and faced an administrative discharge board action.  Based on the client’s previous exemplary record, the military agreed to allow the client to retire, instead of face the discharge board hearing. 

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

While these two military drug cases were successfully resolved, 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 drug offenses in the military, see our website at:

https://militaryadvocate.com/practice-areas/drug-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.