Two Field Grade Officers Represented by Attorney Richard Stevens Have Adverse Administrative Actions Dropped

This past week, two field grade officers represented by attorney Richard Stevens had the adverse administrative actions they received dropped.

The first officer, with over two decades of military service, had an Article 15 (nonjudicial punishment) set-aside granted by the commander who originally imposed the Article 15. Between imposition of the Article 15 and the action being voided by the set-aside, additional evidence was collected and submitted by the defense to support the original defense argument and the set-aside request. No further/lesser disciplinary action was imposed after the set-aside was granted. The officer’s disciplinary record was cleared.

The second officer, also with over two decades of military service, had a marginal performance report removed from his records due to both procedural and substantive errors with the report, which partially stemmed from personality conflict with, and personal motives of, the rating officer. As a result of the successful appeal, the client’s career performance record was cleared and remains consistently high before meeting his O-6 promotion board.

While these administrative cases were 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 case. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation.

Enlisted Airman Represented by Frank Spinner Found Not Guilty of Assaults & Disorderly Conduct

This past week an enlisted airman, defended at court-martial by Frank Spinner (of counsel), was found not guilty of the assault and disorderly conduct allegations he faced. The assault allegations faced by the “defendant” were rebutted by the defense highlighting the conduct of the alleged victims in the incidents. The Air Force panel (“jury”), composed of five officer and four enlisted members, deliberated for approximately three hours before announcing the full acquittal.

In addition to this most recent trial acquittal, two other clients of Frank Spinner had their court-martial charges dismissed in the past couple months. One client faced an allegation of drug use, the other client faced a sexual assault claim. Both court-martial cases were dismissed prior to trial commencing.

While these court-martial cases were 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. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation.

Rape Charge and Court-Martial Dropped Against Noncommissioned Officer Represented by Attorney Richard Stevens

This past week, a retirement eligible noncommissioned officer defended by attorney Richard Stevens had the rape charge, and court-martial, he faced dropped by the government. The court-martial case had proceeded past an Article 32 hearing and was set to go to trial at the beginning of July. The withdrawal and dismissal of charges was announced this past week, on the eve of trial, after intensive investigation of the case, and motions filed, by the defense. The maximum authorized punishment for a rape conviction would have been life in prison without the possibility of parole.

For clients represented/defended by Richard Stevens, that brings to six, the number of military rape, sexual assault and sexual offense cases in the last couple years which did not result in a court-martial conviction for the government – either because the case was dismissed/dropped or the client was found not guilty (complete acquittal).

While these criminal cases were 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. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation.

The Cost of Overzealous Prosecution – The Continuing Saga of the Duke Lacrosse Rape Scandal

The consequences continue to mount for outgoing Durham District Attorney Mike Nifong. He has been disbarred. His departure from office has been hastened by the Sheriff taking Mr. Nifong’s badge and the keys to his office, per the order of a North Carolina Superior Court Judge. There are rumblings of possible criminal contempt charges against the D.A. and civil lawsuits by the wrongly accused Duke lacrosse players.

http://www.cnn.com/2007/LAW/06/19/prosecutor.disbarred.ap/index.html

Some, perhaps many, are celebrating the public downfall of the once outspoken D.A. I don’t begrudge anyone their right to celebrate, but I’m not sure celebration is the appropriate reaction to what has taken place. It’s all sad.

It’s sad that a prosecutor, apparently for political gain, so blatantly crossed the line and attempted to convict and jail young men who turned out to be innocent. It’s sad that innocent young men were paraded in front of the nation as lawless rapists. It’s sad that Duke University was so quick to cancel the lacrosse season and condemn their own innocent students. It’s sad that this case so starkly exposed that “innocent unless proven guilty” does not apply when it comes to public opinion and media coverage. You could even say it’s sad that a young woman was so troubled that she was willing to ruin the lives of innocent men by making false allegations – that impacted not just the young men and their families, but the university and the local community.

If you don’t think the word “sad” applies, you can substitute into that commentary string whatever term you feel is more appropriate; maybe “disappointing” or “outrageous” or “shocking.” The point is, this one case has raised some critical issues in the criminal justice system at large.

Do you believe this is the only case in which an overzealous prosecutor went too far to win a case? Or, are many of these injustices simply never exposed? Do you believe this is the first case in which an alleged victim made false allegations? Or, did the stars just align perfectly in this case to show what has happened across jurisdictions throughout the history of our legal system? In an identical case with less public exposure, economically disadvantaged defendants, and defense attorneys with less skill, experience and/or resources, what do you believe the outcome of this case would have been? Would three young men be sitting behind bars for the better part of the rest of their adult lives? Hopefully, this case has made you think. The cost of overzealous prosecution is rarely born by the prosecutor.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation.

Attorney Richard Stevens Returns from South Korea

I (attorney Richard V. Stevens) recently returned to the States from a trip to represent a military member serving in South Korea. This trip took me through Seoul, Osan AB and Kunsan AB.

Consistent with what we have found during all of the worldwide travel Frank Spinner (of counsel) and I have engaged in to represent American military members stationed across the globe, our military men and women stationed in South Korea are motivated, cohesive and represent the best of their generation. We salute all of you for your continued efforts and commitment in distant locations and for a job very well done.

By: Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation.