CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS FOUND NOT GUILTY OF ALLEGED ILLEGAL DRUG USE IN GENERAL COURT-MARTIAL TRIAL (UCMJ Article 112a)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who faced a general court-martial (GCM) trial in which he was accused of illegal drug use was found not guilty (UCMJ Article 112a). The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The officer client was accused of illegal drug use based on a failed urinalysis test.  In the military, drug testing can be based on different legal justifications – random urinalysis testing, unit sweeps, probable cause drug testing, consent urinalysis testing, command-directed drug testing, and Bickel safety drug testing. 

In this case, the accused military officer failed a random drug test, and was taken to trial by general court-martial. A general court-martial trial is a federal criminal trial that is similar to a felony criminal trial in the civilian justice system.  The litigation of this case relied heavily on scientific testing and expert testimony, including expert forensic toxicologists and pharmacologists.  Two experts testified for each side in the case. 

Ultimately, based on the scientific evidence and expert testimony presented by the defense in trial, the accused officer client was found not guilty by the military judge.

Had there been a conviction in this alleged illegal drug use case, the client would have received a federal criminal conviction, and he would have faced the end of his military career and the possibility of a sentence that could have included prison time and/or a dismissal (equivalent of a dishonorable discharge).  Thankfully, the officer was not convicted and was cleared to continue his military career. 

While this serious illegal drug use allegation in this military general court-martial trial 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.

Attorney Richard V. Stevens has successfully defended many alleged military drug use cases over more than 30 years of his legal career.  In addition to alleged drug use, he has defended military cases alleging illegal drug possession, illegal drug distribution, illegal drug selling, introduction of illegal drugs onto a military installation or vessel – all in violation of UCMJ Article 112a.  Mr. Stevens has been practicing military law since 1995.

For more information about the military justice system, particularly cases alleging illegal drug crimes, see:

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.

Happy 4th of July!

 

Happy 4th of July and Happy 250th America!

Happy and Reflective Memorial Day!

 

We hope you and yours have a happy and meaningful Memorial Day weekend.  

Memorial Day was originally called Decoration Day - a day for remembrance of those Americans who have died in service to our great country.  

In the midst of your other holiday activities, please take some time to reflect on the meaning of the holiday and say thanks for those brave Americans who made the ultimate sacrifice for our country, and the ideals we stand for!

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 service 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.  Attorney Richard V. Stevens was 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, witness statements, evidence, the respondent’s memo, and the attorney’s legal memo/brief.  In the submission in this case, we attacked all facets of the discharge action.  We attacked the procedural errors.  We attacked the government’s flawed interpretation of military law and applicable regulations, and we convincingly attacked the government’s misguided claim that the client had committed misconduct.    

Ultimately, after the discharge board reviewed the rebuttal package, the officer client was retained in the military and will 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 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.