HAPPY HOLIDAYS!

To all of you and your families, we wish you very happy holidays. Please keep our servicemen and women, and their families, in your thoughts and prayers this holiday season. As we enjoy time off from work and family time together, there are countless American troops in Afhanistan, Iraq and other Middle East locations who get no holiday vacation this season and who are a world away from their nearest relatives. We need to keep their sacrifices and contributions in mind.

Here's a link to an article that shows just one example of how troops in Afghanistan are spending their Christmas...

http://www.armytimes.com/news/2009/12/ap_soldiers_afghanistan_christmas_122409/

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.

Recent Military Cases Defended by Military Law Attorney Richard V. Stevens - Military Defense Law Offices of Richard V. Stevens, P.C.

I (attorney Richard V. Stevens, Military Defense Law Offices of Richard V. Stevens, PC) previously posted a list of links to blog posts about my recent cases for ease of access to them (instead of having to search through the blog archives). I have been asked to continue doing this. Therefore, I am re-submitting this blog post with updated links due to new military courts-martial or other military cases I have defended:

http://militaryadvocate.blogspot.com/2009/12/courts-martial-dropped-in-five-straight.html

http://militaryadvocate.blogspot.com/2009/12/successful-oer-appeal-for-military.html

http://militaryadvocate.blogspot.com/2009/10/charges-dropped-against-army-spc-daniel.html

http://militaryadvocate.blogspot.com/2009/08/court-martial-not-pursued-against.html

http://militaryadvocate.blogspot.com/2009/08/court-martial-and-allegations-against.html

http://militaryadvocate.blogspot.com/2009/08/former-military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/08/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/07/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/02/disciplinary-action-dropped-for.html

http://militaryadvocate.blogspot.com/2009/02/administrative-board-hearing-victory_26.html

http://militaryadvocate.blogspot.com/2009/02/administrative-board-hearing-victory.html

http://militaryadvocate.blogspot.com/2009/02/successful-bcmr-appeal-for-military.html

http://militaryadvocate.blogspot.com/2009/02/rape-and-sexual-assault-charges-and_26.html

http://militaryadvocate.blogspot.com/2008/11/sexual-assault-charges-and-court.html

http://militaryadvocate.blogspot.com/2008/11/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended_05.html

http://www.cbsnews.com/stories/2008/05/01/national/main4063969.shtml

http://blogs.mysanantonio.com/weblogs/military/2008/05/scott-huddleston-jurys-message.html

http://militaryadvocate.blogspot.com/2008/04/forcible-sodomy-charge-and-court.html

http://militaryadvocate.blogspot.com/2008/02/indecent-acts-charges-and-court-martial.html

http://militaryadvocate.blogspot.com/2008/01/rape-charge-dropped-against-officer.html

http://militaryadvocate.blogspot.com/2007/12/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/09/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/07/two-military-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/two-field-grade-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/rape-charge-dropped-against.html

Please understand that I don’t publish blog posts on every military trial/case I’m involved in, and I only began our blog in November 2006. So, there is a limited time period represented in my blog. Also, while the military trials/cases described by the post links above were successfully defended, it is important to understand that every case has different facts, and success in previous military courts-martial and military cases does not guarantee success in any particular future court-martial or military case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case or military trial (court-martial).

I appreciate your interest in our website and blog, and I hope this post assists you in accessing information you’re interested in. 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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Successful OER Appeal for Military Officer Represented by Attorney Richard V. Stevens

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) successfully appealed a negative OER and had it thrown out and rewritten.

While this military adverse action was successfully appealed, 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 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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Courts-Martial Dropped in Five Straight Cases Defended by Attorney Richard V. Stevens

Due to the pace of our caseload this summer/fall/winter, I have been unable to keep up with updating the blog. Here is a blog post addressing my last five cases…

Recently, five straight clients defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) who were facing trial by court-martial had their courts-martial dropped. The following blurbs address those cases:

A senior NCO (noncommissioned officer) facing court-martial for allegations of sexual misconduct, misuse of government equipment and reprisal termination of a subordinate had his court-martial case dropped completely after the Article 32 hearing was litigated. At the hotly contested hearing, the flaws in the government’s case were exposed and the case was dropped with no further adverse action taken.

A military officer facing court-martial allegations of violating sensitive and classified security protocols had his court-martial case dropped after the Article 32 hearing was litigated. The government chose to address the case administratively instead of take the case to trial as previously planned.

A senior NCO facing court-martial allegations of travel voucher fraud stemming from a period of active duty mobilization had his court-martial case dropped after the Article 32 hearing was litigated, and on the eve of trial. The government chose to address the case administratively instead of take the case to trial as previously planned.

A field grade officer facing court-martial allegations of travel voucher fraud stemming from a period of active duty mobilization had his court-martial case dropped after the Article 32 hearing was litigated, and on the eve of trial. The government chose to address the case administratively instead of take the case to trial as previously planned.

A client facing court-martial allegations of imposing improper discipline had his court-martial case dropped on the eve of trial. The government chose to address the case administratively instead of take the case to trial as previously planned.

A court-martial conviction in any of these cases would have resulted in a federal criminal record and could have resulted in a sentence including possible significant jail time and a punitive discharge. 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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Thirty Five Years Later, Man Exonerated of Kidnap and Rape of Nine Year Old Boy

According to an Article on CNN.com today, James Bain has spent the past 35 years in prison for a crime – the kidnap and rape of a 9 year old boy – that Bain did not commit. According to the article, Bain was exonerated by DNA testing and 245 others have likewise been exonerated by DNA testing. The article appears at:

http://www.cnn.com/2009/CRIME/12/17/florida.dna.exoneration/index.html

What lessons can be taken from Mr. Bain’s case? The same lessons I frequently address in these blog posts…

The criminal justice system is a system composed of human beings – police, prosecutors, judges, juries, defense attorneys, witnesses, etc. Human beings are not perfect. Mistakes are made; some of them grievous. Some of them due to bad faith and overzealousness.

Regardless, with the Internet, the 24 hour news cycle and cable television, we are bombarded by information about crimes and alleged perpetrators. This feeds a culture that is too quick to judge and unwilling to entertain the possibility of innocence or the fundamental legal precept of the presumption of innocence. Guilt, particularly regarding serious crimes, is sexier. It’s more newsworthy. “Persons of interest” grab the public’s attention and they are convicted in the court of public opinion before they see the inside of a court room.

Just some food for thought the next time you hear about a case and quickly proclaim the defendant must be guilty. Maybe, just maybe, he/she is not…

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. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.