Search This Blog

Friday, June 15, 2018

Civilian Court-Martial Defense Lawyer: Retirement Eligible Military Officer Represented by Attorney Richard V. Stevens is Retained in Military after False Sexual Assault Allegations


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a retirement eligible, military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) who had previously been cleared of a false sexual assault allegation, was retained in the face of an involuntary administrative discharge action (UCMJ Article 120). 

Originally, the officer client faced a general court-martial in which a lower ranking military member accused him of sexual assault.  In the lead up to the court-martial, we exposed the allegation to be false based on the digital evidence in the case.  The court-martial was dropped, even though the complaining witness continued to claim she was a "victim," despite the evidence to the contrary.  

The officer client did receive administrative punishment due to the circumstances surrounding what occurred, consensually, on the night at issue.  That administrative punishment triggered an involuntary administrative discharge board (show cause, BOI).  Thankfully, the board just recently retained the officer client, who has served the country honorably for decades.  The client is now in the process of honorably retiring from the military. 

While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law as we do, can guarantee the outcome of any military 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


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 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.


Friday, May 25, 2018

The Trouble With Presuming Guilt in America...



Civilian Court-Martial Defense Lawyer News:

Here is a Fox News story of consequence to the military justice system, and allegations of rape and sexual assault within the system: 


Alleged sexual assault is a complex issue. Many in (perhaps a sincere) effort to help, only end up making things worse. Here is an example of: (1) how easily a false allegation can be made without regard to the consequences for the person falsely accused; (2) how quickly an innocent person can have their life and reputation turned upside down by a false allegation; (3) how problematic the idea is of "start by believing" or, as they briefed in the military, "believe the victim." I once entered a military court room in which my client was accused of sexual assault where, right outside the court room, was a 6 foot sign reading "believe the victim" and that slogan was also on magnets on every stall in the men's bathroom that the court members would be using. Of course, the military judge ordered them removed, and my client was found not guilty in that trial...but, does anyone see the problem with this? While I know that innocent until proven guilty is only a legal requirement in America, why are we in America so willing to do just the opposite outside of court rooms?...Instead, opting to immediately presume guilt unless innocence is proven? Had this body cam footage not existed, this officer would be forever branded a rapist in the court of public opinion. And, if he was tried in court and acquitted, there would be cries of how the justice system failed and protected a rogue cop who is victimizing members of the public. Many of you will say a false allegation is just a rare exception...how about, instead, you just withhold your knee jerk, uninformed, opinions in any given case, and let the evidence play out? And, how about politicians, advocacy groups, and the press stop meddling in justice systems, such as in the military or such as in administrative disciplinary systems in our colleges, based on this terribly flawed premise that all allegations must be believed, and it is wrong to provide due process to defend against them?!  

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 

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 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.