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Sunday, November 13, 2022

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY NONCOMMISSIONED OFFICER (NCO) REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS ALLEGED SEXUAL ASSAULT CASE DROPPED (UCMJ ARTICLE 120)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military noncommissioned officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the alleged sexual assault case he faced dropped by the military before court-martial charges were preferred against him (UCMJ Article 120).

The military NCO client was accused of sexually assaulting a civilian acquaintance after a night of drinking.  The case was investigated by military law enforcement, and it was headed toward court-martial charges.  However, the behavior of the complainant toward the accused was witnessed and became known, and it was contrary to what the complainant claimed.  As the truth of the evening became more exposed, the complainant withdrew from the case, and the military dropped it.    

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 rape or sexual assault in violation of UCMJ Article 120, see:

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

We offer free consultations for a case you may be involved in.  Just call us. (Free consultations are not free advice. Legal advice requires an attorney-client relationship.)

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.

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 FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS CLEARED OF ALLEGED MISCONDUCT

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was cleared of the misconduct alleged against him as the unit commander. 

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details.  However, what can be generally described is…

The senior military officer client was investigated for alleged professional wrongdoing that received public attention.  The investigation that followed seemed to be driven by a desire for an outcome.  The defense submitted a lengthy rebuttal to the investigation and the client was cleared of wrongdoing. 

If the findings and recommendations of the investigation had stood, the client would have received a disciplinary action, negative performance report, and his military career would have been, at least effectively, over.  Since he was cleared, he can now proceed with his career without negative impact. 

While this military 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 administrative disciplinary cases, please see:

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

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

https://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

https://militaryadvocate.com/practice-areas/performance-report-appeals/

We offer free consultations for a case you may be involved in.  Just call us.  (Free consultations are not free advice. Legal advice requires an attorney-client relationship.)

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.

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.


Friday, November 11, 2022

Happy Veterans Day!

 

Please take some time today to reflect on, and offer thanks for, those brave veterans who have served and protected our country and our ideals in the past, those who are currently serving, and the families who support and share in their sacrifices for us.
  
Have a wonderful and meaningful Veterans Day!

Thursday, July 21, 2022

Contacting a Lawyer – The Difference Between Free Initial Consultation and Free Legal Advice

 

Many law firms, including ours, offer free initial consultations.  People sometimes mistake “free initial consultation” as meaning “free legal advice.”  Free initial consultation with a lawyer is not the same as free legal advice. 

As lawyers handling criminal or disciplinary cases, we should not, and do not, offer free legal advice to someone who is not our client after a short telephone call or email exchange.  That would be very ill-informed and dangerous for both the attorney and the caller, and could even be unethical, depending upon the situation. 

Initial consultations are simply meant as an introduction between the caller and the attorney.  It allows the attorney to hear basic information about the case from the caller’s perspective, and to have a general discussion about the case and the legal system so both the attorney and the caller can make decisions about whether the attorney would be a good fit for the case.  Only after hiring an attorney would the caller – who is now an actual client – receive the attorney’s legal advice.

Legal advice is professional advice given by an attorney to his/her client based on the attorney’s education, training, and experience, and based on the evidence, facts of the case, and legal issues.  Legal advice is not given as a quick, knee-jerk, reaction to a brief one-sided account given by someone who, before the phone call or email, was a complete stranger to the attorney. 

You would not expect, for example, to call a doctor out of the blue, tell him/her that you have pain in your side, and have the doctor just blurt out that you have liver cancer and will need major surgery – all without doing any medical evaluation of the case.  That is roughly equivalent to a person calling a lawyer, briefly explaining the situation to the lawyer from the caller’s perspective, and then asking the lawyer “What are my defenses?  What would be our strategy?  What are my chances?  What should I do?”  Such legal advice cannot be determined based on a quick initial consultation. 

Initial consultations are important for the attorney-client relationship, and as a beginning discussion between attorney and potential client.  That is why we offer free initial consultations.  We want to meet you and to hear about the criminal, disciplinary, or adverse action case you’re facing in the military.  Initial consultations should not be approached as an opportunity to receive free legal advice, however. 

Here is an Article about the difference between initial consultation and legal advice:

https://www.avvo.com/legal-guides/ugc/consultation-vs-legal-advice-what-s-the-difference-#:~:text=A%20consultation%20is%20actually%20for,case%2C%20or%20decline%20representation%20altogether

Hopefully this explanation clears up any confusion.  The legal advice you receive should be thorough and well-informed.  That happens within the attorney-client relationship. 

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 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.