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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETIRES HONORABLY, AT HIGHEST RANK, AFTER OFFICER GRADE DETERMINATION (OGD) REBUTTAL

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) retired honorably from the military, at the highest rank he served, after successfully rebutting the Officer Grade Determination (OGD) action he faced. 

When an officer retires from the military, but faced an investigation or disciplinary action prior to retirement, an OGD action can be triggered.  In this action, the military determines what rank to retire the officer in, and considers what highest rank the officer held “satisfactorily.”  In other words, the officer can retire at a lower rank than he/she held while serving. 

In this particular case, just prior to applying for retirement, the officer client received a military disciplinary action alleging fairly serious misconduct within the workplace.  Based on that disciplinary action, the officer faced an OGD when he applied for retirement.  In response to the OGD notification, we submitted a compelling rebuttal package, which detailed the quality service he provided to the military at his highest rank.  Given the nature of the alleged misconduct, however, the potential outcome of the OGD was far from certain.  Ultimately, after consideration of our rebuttal package, the officer was retired at the highest military rank he served in. 

Because this was an administrative case, more details cannot be provided to protect the client’s privacy. 

While this military OGD 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 involving administrative appeal actions, see:

https://militaryadvocate.com/practice-areas/b-c-m-r-other-military-appellate-boards/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS WINS BCMR APPEAL AND CLEARS MILITARY RECORD

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won a BCMR appeal and cleared his military record. 

Each military service branch has boards for appeals of various adverse administrative actions.  For example, all service branches have Discharge Review Boards (DRB):

Air Force Discharge Review Board (AFDRB):

https://afrba-portal.cce.af.mil/#afdrb

Army Discharge Review Board (ADRB):

https://arba.army.pentagon.mil/adrb-overview.html

Naval Discharge Review Board (NDRB):  https://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx

Coast Guard Discharge Review Board (CGDRB):      

https://www.uscg.mil/Resources/legal/DRB/

All military service branches also have Boards for Correction of Military Records (BCMR and BCNR):

Air Force Board for Correction of Military Records (AFBCMR):

https://afrba-portal.cce.af.mil/#afbcmr

Army Board for Correction of Military Records (ABCMR):

https://arba.army.pentagon.mil/abcmr-overview.html

Board for Correction of Naval Records (BCNR):

https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx

Coast Guard Board for Correction of Military Records (CGBCMR):

https://www.uscg.mil/Resources/Legal/BCMR/

The service branches have other administrative appeal boards as well.

In this particular case, the military officer was falsely accused of a serious criminal offense.  The client faced an involuntary administrative discharge board hearing, in which he was represented by attorney Richard V. Stevens.  The military was attempting to prove that he committed the alleged offense and kick him out.  At the litigated hearing, which included witness and expert testimony, the military officer client was victorious and the board members found that he did not commit the alleged offense and should be retained in the military. 

Despite the successful outcome of the board hearing, the military officer still had a military disciplinary action in his record claiming that he committed the offense he had been cleared of, a negative performance report, and he had been denied promotion to the next rank. 

We petitioned his command to clear his record based on the outcome of the administrative board hearing, but his command refused to do so.  Therefore, we had to appeal to the service branch Board for Correction of Military Records (BCMR).  We submitted our appeal, and then we had to submit a rebuttal to the service branch advisory opinion.  Ultimately, the BCMR granted our appeal, cleared the military officer’s record, and granted our request for a Special Selection Board (SSB) to re-consider his military promotion. 

Because this was an administrative case, more details cannot be provided to protect the client’s privacy. 

While this military administrative appeal 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 involving administrative appeal actions, see:

https://militaryadvocate.com/practice-areas/b-c-m-r-other-military-appellate-boards/

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.