HAPPY HOLIDAYS!

We wish you all very happy holidays!  Please keep our service men and women, and their families, in your thoughts and prayers this holiday season.  As we all enjoy our time off from work and our family time together, there are countless American troops serving overseas who will get no “real” holiday vacation this season and who are a world away from their nearest and dearest relatives.  We need to keep their sacrifices and contributions in mind and pray for their safe return.  

HAPPY VETERANS DAY!

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

Civilian Court-Martial Lawyers:

Client Wins Military Disability Case After Six Year Legal Battle

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won his military disability case after a six year legal battle. 

In 2005, the client faced a Formal Physical Evaluation Board (FPEB) in which we disputed the Medical Evaluation Board (MEB) and Informal Physical Evaluation Board (IPEB) recommendation for 20% disability rating and medical separation instead of a higher disability rating and medical retirement.  At that 2005 FPEB board hearing, we were able to get the client placed on the Temporary Disability Retired List (TDRL) which allowed more time for further medical evaluations. 

Unfortunately, in the 2009 post-TDRL FPEB hearing, the client was again rated at 20% and recommended for medical separation instead of medical retirement.  The client was then removed from TDRL and medically separated at 20%. 

What followed were appeals through the client’s service branch and, ultimately, to the Board of Corrections for Military Records (BCMR).  At the BCMR, the board determined that the client should have remained on TDRL for two additional years and then be medically retired at 40% instead of being medically separated at 20% - which had been our argument since 2005.  After 6 difficult years, the disability case was won. 

Due to the medical and administrative issues involved in a MEB and/or PEB case, no further details about this case can be provided for privacy reasons.  While the outcome of this military disability case and FPEB appeal was successful, 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 information on other disability cases we’ve handled, please see:

http://militaryadvocate.blogspot.com/2010/12/civilian-court-martial-lawyers-company.html

http://militaryadvocate.blogspot.com/2010/03/adverse-mebpeb-decision-overturned-on.html

http://militaryadvocate.blogspot.com/2011/05/civilian-court-martial-lawyers.html

For more information on other cases we’ve handled and the the military justice system, please see our website and 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.

9/11 - A SOLEMN ANNIVERSARY


10 years have passed.  We remember those who were hurt and killed on that terrible morning.  We remember the families and friends of the fallen who were left behind to mourn those who were lost.  We remember the selfless acts of bravery and kindness displayed by the New York City police and firefighters.  We remember the emergency responders in New York, Washington DC and Pennsylvania, volunteers and citizens who united in response.  We remember our military members and their families who have sacrificed so much to ensure this never happens again.  As a nation and individually, we will never forget September 11, 2001.    

CONDOLENCES - DOWNED AMERICAN HELICOPTER

We want to express our deepest sympathy for those who were lost in the downed American helicopter in Afghanistan this past weekend.  Our thoughts and prayers go out to the families, friends and units of the fallen.  This is one more tragic reminder of the extreme courage and sacrifice of our American military members and families.  

Happy Fourth of July!

Happy Fourth of July to you and yours! Before the cookouts and fireworks, please take a moment to give thanks for the brave men and women of the American military, and their families, whose courage and sacrifice ensure our freedom. And, remember the amazing story of how it all began. Happy birthday America!

Have a great and safe Independence Day!

Civilian Court-Martial Lawyers:

Military Officer Represented by Attorney Richard V. Stevens Retained in Service after Court-Martial Charges Dropped

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in the service after a lengthy legal battle following court-martial charges. 

As described in a previous blog post, the officer client was accused of stealing military property, initially valued in the multiple six figures, that was then given and sold to third parties.  The accused client was served with court-martial charges alleging the larceny and the case proceeded to a pretrial Article 32 hearing.  The Article 32 hearing was litigated and much more information about the situation was exposed at the hearing than was previously understood by the government.  This included the true facts of what happened and the reason for the client’s actions. 

Please see:  http://militaryadvocate.blogspot.com/2010/12/civilian-court-martial-lawyers-larceny.html

After the Article 32 hearing, the court-martial case was dropped by the government.  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included numerous years in prison and dismissal (dishonorable discharge). The dropping of the court-martial charges did not end the battle, however.     

The officer client then faced an elimination board hearing that was aggressively contested.  The board recommended elimination, but with an honorable discharge.  The defense then appealed the recommendation of elimination.  Finally, that appeal package was approved and the officer will remain in the service, his military career spared.   

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 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 New Jersey and Colorado Springs, Colorado. Military defense law practices are worldwide.

Civilian Court-Martial Lawyers:

Worldwide Military Defense

United States (CONUS) Locations and Overseas (OCONUS) Locations

Military Defense Lawyer (Former JAG Attorney) News:


I recently began the process of opening a new military defense law office in the Joint Base McGuire-Dix-Lakehurst area.  In doing so, I have been asked how that will impact my current cases and the future areas my military law practice will cover.  The short answer is – there will be no impact.    

Frank Spinner and I (attorney Richard V. Stevens) are military law specialists, civilian criminal defense lawyers/attorneys, and former active duty military JAG lawyers/attorneys.  Our law practices are exclusively limited to representing and defending military members of all service branches, stationed around the world, who are facing all types of military specific actions such as:

- General court-martial (military criminal trial)

- Special court-martial (military criminal trial)

- Summary court-martial (military criminal trial)

- Court-martial clemency

- Court-martial appeal

- Article 32 hearings

- Military discharge or separation, including show cause and board of inquiry

- Military discipline

- UCMJ actions

- Article 15, Nonjudicial Punishment (NJP), Captain’s Mast

- Admonition (letter of admonition – LOA)

- Reprimand (GOMOR or letter of reprimand – LOR)

- Demotion

- Investigations by IG, CID, AFOSI, NCIS, CGIS, AR 15-6, CDI, command

- Board of Correction for Military Records (BCMR) appeals

- Negative performance report or evaluation report appeals

- Security clearance issues

- Medical board cases and hearings (MEB, PEB)

Regardless of where our two military defense law practices (Military Defense Law Offices of Richard V. Stevens, PC and Military Defense Law Office of Frank J. Spinner) are located, we defend military members worldwide and we travel to the locations of our clients to represent and defend them.  Whether it’s CONUS or OCONUS, we will travel there. 

The states, military bases, posts, installations and locations named below are not all inclusive, but represent some of the areas we travel to for military justice actions.  We defend military members in areas including:

ALABAMA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Alabama:

- Redstone Arsenal
- Fort Rucker
- Anniston Army Depot
- Maxwell AFB
- Maxwell AFB, Gunter Annex

- Montgomery, Alabama area
- USCG Aviation Training Center, Mobile

ALASKA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Alaska:

- Eielson AFB
- Elmendorf AFB
- Fort Wainwright
- Fort Richardson

ARIZONA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Arizona:

- Hill AFB - Ogden/Salt Lake City, Utah area
- Nellis AFB - Las Vegas, Nevada area
- Luke AFB - Phoenix, Arizona area
- Davis Monthan AFB - Tucson, Arizona area
- Fort Huachuca - Sierra Vista, Arizona area
- Yuma Marine Corps Air Station

ARKANSAS – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Arkansas:

- Little Rock AFB
- Pine Bluff Arsenal

CALIFORNIA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in California:

- Edwards AFB - Barstow, California area
- Travis AFB - San Francisco, California area
- Beale AFB - Sacramento, California area
- McClellan AFB - Sacramento, California area
- Vandenberg AFB - Bakersfield/Los Angeles, California areas
- Los Angeles AFB
- 29 Palms Marine Corps Air Ground Combat Center
- Marine Corps Air Station Miramar - San Diego, California area
- Fort Irwin - Los Angeles, California area
- Camp Pendleton - San Diego, California area

COLORADO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Colorado:

- Buckley AFB - Aurora/Denver, Colorado areas

- US Air Force Academy
- Schriever AFB
- Peterson AFB
- Cheyenne Mountain Air Station
- Fort Carson
- Colorado Springs area

CONNECTICUT – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Connecticut:

- New London Naval Submarine Base

DELAWARE - Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Delaware:

- Dover AFB


FLORIDA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Florida:

- Eglin AFB
- Hurlburt Field AFB
- Pensacola, Fort Walton Beach, Destin, Panama City, Florida areas
- Tyndall AFB - Panama City, Florida area
- Patrick AFB - Cocoa Beach, Florida area
- MacDill AFB - Tampa, Florida area
- Pensacola Naval Air Station
- Jacksonville Naval Air Station - Key West Naval Air Station


GEORGIA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Georgia:

- Moody AFB
- Robins AFB
- Fort Stewart
- Fort Benning
- Fort Gordon
- Fort McPherson
- Dobbins AFB
- Kings Bay Naval Submarine Base

HAWAII – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Hawaii:

- Joint Base Pearl Harbor-Hickam

- Hickam AFB - Honolulu, Hawaii area
- Pearl Harbor Naval Complex - Honolulu, Hawaii area
- Schofield Barracks - Honolulu, Hawaii area
- Wheeler Army Airfield - Honolulu, Hawaii area

IDAHO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Idaho:

- Mountain Home AFB

ILLINOIS – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Illinois:

- Scott AFB - St. Louis area

KANSAS – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Kansas:

- Fort Riley
- Fort Leavenworth
- McConnell AFB - Wichita, Kansas area

KENTUCKY – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Kentucky:

- Fort Knox
- Fort Campbell

LOUISIANA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Louisiana:

- Barksdale AFB - Shreveport/Bossier City, Louisiana area
- Fort Polk - Alexandria/Lafayette, Louisiana area

MAINE – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Maine:

- Brunswick Naval Air Station

MARYLAND, VIRGINIA and WASHINGTON, DC – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Maryland, Virginia, Washington, DC and the National Capital Region (NCR):

- Bolling AFB

- Andrews AFB
- Joint Base Andrews Naval Air Facility

- The Pentagon

- Aberdeen Proving Grounds

- Fort Meade

- Annapolis Naval Station

- US Naval Academy, Annapolis

- Fort McNair

- Washington Navy Yard

- US Coast Guard Headquarters

- Patuxent River Naval Air Station

- Indian Head Naval Surface Warfare Center

- Langley AFB

- Fort Myer

- Fort Belvoir

- Fort Lee

- Fort Eustis

- Fort Story

- Fort AP Hill

- Little Creek Naval Amphibious Base

- Norfolk Naval Station

- Oceana Naval Air Station

- Bethesda National Naval Medical Center

- Walter Reed Army Medical Center

- Fort Detrick

MASSACHUSETTS – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Massachusetts:

- Hanscom AFB

MISSISSIPPI – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Mississippi:

- Columbus AFB
- Meridian Naval Air Station
- Keesler AFB
- Pascagoula Naval Station

MISSOURI – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Missouri:

- Whiteman AFB - Knob Noster/Warrensburg, Missouri area
- Fort Leonard Wood - St. Louis area

MONTANA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Montana:

- Malmstrom AFB - Great Falls, Montana area

NEBRASKA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Nebraska:

- Offutt AFB - Bellevue/Omaha, Nebraska area

NEVADA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Nevada:

- Nellis AFB - Las Vegas, Nevada area

NEW HAMPSHIRE – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in New Hampshire:

- Portsmouth Naval Shipyard

NEW JERSEY – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in New Jersey:

- Fort Dix

- McGuire AFB

- Naval Air Engineering Station (NAES) Lakehurst, Toms River

- Joint Base McGuire-Dix-Lakehurst

- Picatinny Arsenal

- Fort Monmouth, Eatontown

- Cape May Coast Guard Training Center

- Earle Naval Weapons Station, Colts Neck  

NEW MEXICO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in New Mexico:

- Cannon AFB - Clovis, New Mexico area
- Kirtland AFB - Albuquerque, New Mexico area
- Holloman AFB - Alamogordo, New Mexico area

NEW YORK – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in New York:

- Fort Drum - Watertown, NY area

- US Military Academy at West Point

NORTH CAROLINA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in North Carolina:

- Seymour Johnson AFB - Goldsboro, North Carolina area
- Pope AFB (Pope Air Field) - Fayetteville, North Carolina area
- Fort Bragg - Fayetteville, North Carolina area
- Cherry Point Marine Corps Air Station - Havelock/Jacksonville, North Carolina area
- New River Marine Corps Air Station - Jacksonville, North Carolina area
- Camp Lejeune - Jacksonville, North Carolina area

NORTH DAKOTA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in North Dakota:

- Minot AFB
- Grand Forks AFB

OHIO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Ohio:

- Wright-Patterson AFB - Fairborn/Dayton, Ohio area

OKLAHOMA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Oklahoma:

- Fort Sill - Norman/Oklahoma City, Oklahoma area
- Vance AFB - Enid, Oklahoma area
- Tinker AFB - Norman/Oklahoma City, Oklahoma area
- Altus AFB

SOUTH CAROLINA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in South Carolina:

- Shaw AFB - Sumter, South Carolina area

- Joint Base Charleston
- Charleston AFB
- Fort Jackson - Columbia, South Carolina area
- Charleston Naval Weapons Station
- Beaufort Marine Corps Air Station
- Parris Island Marine Corps Recruit Depot - Beaufort, South Carolina area

SOUTH DAKOTA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in South Dakota:

- Ellsworth AFB - Rapid City, South Dakota area

TENNESSEE – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Tennessee:

- Arnold AFB

TEXAS – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Texas:

- Fort Hood - Killeen, Texas area
- Fort Bliss - El Paso, Texas area
- Dyess AFB - Abilene, Texas area

- Joint Base San Antonio
- Lackland AFB - San Antonio, Texas area
- Randolph AFB - San Antonio, Texas area
- Joint Base San Antonio
- Goodfellow AFB - San Angelo, Texas area
- Sheppard AFB - Wichita Falls, Texas area
- Laughlin AFB - Del Rio, Texas area

UTAH – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Utah:

- Hill AFB

WASHINGTON STATE – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Washington State:

- Fort Lewis - Olympia/Tacoma, Washington area
- McChord AFB - Olympia/Tacoma, Washington area

- Joint Base Lewis-McChord - Olympia/Tacoma, Washington area
- Fairchild AFB - Spokane, Washington area
- Bremerton Naval Station - Seattle, Washington area

WISCONSIN – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Wisconsin:

- Fort McCoy

WYOMING – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Wyoming:

- F.E. Warren AFB - Cheyenne, Wyoming area

IRAQ, KUWAIT, SAUDI ARABIA, AFGHANISTAN – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Iraq, Kuwait, Saudi Arabia, Afghanistan and other locations in the Global War On Terror:

Travel available into Middle East and other forward military locations

GERMANY – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Germany: 

- Ramstein Air Base
- Spangdahlem Air Base
- Rhein-Main Air Base
- Geilenkirchen Air Base
- Schweinfurt Air Base
- Wiesbaden
- Mannheim
- Heidelberg
- Stuttgart/Robinson Barracks
- Vilseck

BRITAIN/UNITED KINGDOM – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Britain/United Kingdom: 

- Molesworth RAF
- Lakenheath RAF
- Mildenhall RAF

SOUTH KOREA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in South Korea:

- Osan Air Base
- Kunsan Air Base
- Camp Casey
- Camp Giant
- Camp Humphreys
- Camp Henry
- Camp Walker
- Camp Carroll
- Camp Hialeah-Pusan
- USAG Yongsan  
- Seoul, Korea area
- Daegu/Taegu, Korea area

JAPAN/OKINAWA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Japan and Okinawa:

- Misawa Air Base
- Yokota Air Base
- Kadena Air Base, Okinawa
- Camp Zama
- Torii Station, Okinawa
- Yokosuka Fleet Activities
- Iwakuni Marine Corps Air Station
- Camp S.D. Butler Marine Corps Base, Okinawa

GREENLAND – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Greenland:

- Thule Air Base

CUBA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Cuba:

- Guantanamo Bay Naval Station

PUERTO RICO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Puerto Rico:

- Fort Buchanan
- Roosevelt Roads Naval Station
- Borinquen US Coast Guard Station

PORTUGAL – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Portugal:

- Lajes Field, Azores

SPAIN – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Spain:

- Moron Air Base
- Rota Naval Station

ITALY – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Italy:

- Aviano Air Base
- Caserma Ederle/Vicenza
- Camp Darby/Livorno
- Gaeta Naval Support Activity
- Naples Naval Support Activity
- Sigonella Naval Air Station

BOSNIA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Bosnia:

- Camp McGovern

KOSOVO – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Kosovo:

- Camp Bondsteel

GREECE – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Greece:

- Souda Bay Naval Support Activity/Air Activity

TURKEY – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Turkey:

- Incirlik Air Base
- Izmir Air Station

BAHRAIN – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Bahrain:

- Bahrain Naval Support Activity

DIEGO GARCIA – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Diego Garcia:

- Diego Garcia Navy Support Facility

GUAM – Civilian Court-Martial Lawyers/Attorneys, Military Law and Military Defense Services in Guam:

- Andersen AFB
- Naval Forces Marianas, Guam

Given the potential consequences to military careers, families and personal freedom when facing a military adverse action or trial, it is critical to be defended by a lawyer experienced in military law.  We offer free initial case consultations.

Please contact us by:

Website:  http://www.militaryadvocate.com/

Call the toll free number: 800-988-0602
E-mail us: militarylawfirm@gmail.com

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 New Jersey & Colorado Springs, Colorado. Military defense law practices are worldwide.

HAPPY MEMORIAL DAY!

We wish you all a very happy and meaningful Memorial Day. Please take some time this weekend to reflect on the meaning of the day and to thank those brave Americans who have made the ultimate sacrifice for our country.

Civilian Court-Martial Lawyers:

Attorney Richard V. Stevens Opens Military Defense Law Office in New Jersey

Military Defense Lawyer (Former JAG Attorney) News:


Civilian court-martial lawyer Richard V. Stevens is now opening a military defense law office in New Jersey, in the Joint Base McGuire-Dix-Lakehurst area. He is a former active duty JAG lawyer (prosecution and defense), a former state and federal trial attorney, a civilian criminal defense lawyer and he is a military law specialist who has handled military cases and military law issues for the past 16 years. 

His military law practice, The Military Defense Law Offices of Richard V. Stevens, PC, is exclusively devoted to representing and defending military members facing court-martial trial, court-martial clemency, court-martial appeal, and all types of military adverse actions, disciplinary actions, and investigations. This includes UCMJ actions, administrative board hearings, administrative discharge/separation (“ADSEP”), show cause hearings, nonjudicial punishment (NJP, Article 15, Captain’s Mast), MEB/PEB cases, FEB hearings, BCMR appeals, performance report appeals, investigations by CID, NCIS, OSI, CGIS, IG, AR 15-6, CDI and command. He travels to the location of his military clients, around the world, to defend them. 

Locally, our New Jersey office will service:

- Joint Base McGuire-Dix-Lakehurst
- McGuire AFB
- Fort Dix
- Naval Air Engineering Station (NAES) Lakehurst, Toms River
- Picatinny Arsenal
- Fort Monmouth, Eatontown
- Cape May Coast Guard Training Center
- Earle Naval Weapons Station, Colts Neck 
- Trenton, Lakewood, Toms River areas 

Initial consultations are free. Contact us at:

Toll Free Phone: 800-988-0602

Direct Phone: (703) 798-3064 
Direct Fax: (703) 997-1367 
Direct E-Mail: militarylawfirm@gmail.com 
Law Firm Web: www.militaryadvocate.com 
Law Firm Blog: www.militaryadvocate.blogspot.com

Civilian Court-Martial Lawyers:

Noncommissioned Officer (NCO) Represented by Attorney Richard V. Stevens Successfully Appeals FPEB Recommendations

Military Defense Lawyer (Former JAG Attorney) News:


Recently, a noncommissioned officer (NCO) who was recommended for medical separation by the Medical Evaluation Board (MEB), Informal Physical Evaluation Board (IPEB) and Formal Physical Evaluation Board (FPEB) successfully appealed the recommended medical separation and the recommended disability percentage.  The NCO was represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The NCO client was recommended for medical separation at 10% by his FPEB.  His contention was that he should be medically retired, not medically separated, and his disability rating should be dramatically increased.  Based on documents obtained during case preparation, and based on the arguments set forth in the FPEB appeal, the NCO’s position was granted.  His disability percentage was increased by an additional 30%, it was changed from noncombat to combat related, he was recommended for medical retirement (vice medical separation) and his VA percentage was increased to 70%.  Due to the medical and administrative issues involved in a MEB and/or PEB case, no further details about this case can be provided.

While this military case 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.  For more information on MEB/PEB cases, please see:

http://militaryadvocate.blogspot.com/2010/12/civilian-court-martial-lawyers-company.html

http://militaryadvocate.blogspot.com/2010/03/adverse-mebpeb-decision-overturned-on.html

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.

Civilian Court-Martial Lawyers:

Senior Noncommissioned Officer (NCO) Defended by Attorney Richard V. Stevens Fully Acquitted of Anabolic Steroid Related Charges at Court-Martial Trial

Military Defense Lawyer (Former JAG Attorney) News:


Recently, a senior noncommissioned officer (NCO) who was tried by a general court-martial for charges alleging use, possession and importation of anabolic steroids, and some duty related allegations, was fully acquitted by the military court panel (“jury”).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused client, who was two years from retirement, faced 8 allegations in the case, 6 of which were steroid related (UCMJ Article 112a).  The accused pled not guilty to all charges and specifications and took the stand during the defense case.  During the 4 day fully litigated court-martial, information surfaced that the steroids were obtained and prescribed by a doctor for therapeutic purposes in treating duty related orthopedic injuries the accused had suffered in his career.  There is a rarely applicable exception to Article 112a for drugs prescribed by a doctor for therapeutic purposes, including steroids. 

Based on the evidence in the case, the 7 officers found the accused not guilty of all charges and specifications in the case (full acquittal).  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included more than 70 years in prison and dishonorable discharge. 

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 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.

Civilian Court-Martial Lawyers:

Sexual Assault (Forcible Sodomy) Charge and Court-Martial Dropped for Enlisted Military Member Represented by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:


Recently, an enlisted military member facing a court-martial charge/allegation of sexually assaulting an acquaintance had the charge and court-martial dropped by the government.  No further disciplinary or adverse action was taken against the military member.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused client was served with court-martial charges alleging the sexual assault by forcible sodomy (UCMJ Article 125).  The case proceeded to a pretrial Article 32 hearing.  During the hearing, information uncovered during the defense case investigation was revealed and the credibility of the allegation came into serious question.  After the hearing, the charge and the case were dropped and the military member’s career was not impacted.

The maximum authorized punishment for a court-martial conviction on the allegation in this case would have included life in prison without the possibility of parole and a dishonorable discharge. 

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 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.

Civilian Court-Martial Lawyers:

Court-Martial Not Pursued Against Military Officer Defended by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:


Recently, a military officer who had been notified that he would face general court-martial charges/allegations of various claimed violations of lawful general regulations had that court action dropped by the government before it was formally taken. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

After being informed that court-martial charges were imminent, the defense submitted a memorandum refuting such a course of action and advocating that the allegations could be appropriately addressed in lesser forums.  In response, the government chose not to pursue a court-martial but to instead address the case administratively. Ultimately, the case was resolved and no involuntary actions to end the officer’s military career were taken. The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included years in prison and dismissal (dishonorable discharge).

While this military court-martial case was successfully defended against, 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.

Civilian Court-Martial Lawyers:

Honorable Discharge for Military Officer Defended by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:


Recently, a military officer who originally faced court-martial charges/allegations of larceny (stealing military property that was given and sold to third parties) received an Honorable Discharge from the service. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused client was served with court-martial charges alleging the larceny and the case proceeded to a pretrial Article 32 hearing, with government expectation of a general court-martial to follow.  The Article 32 hearing was litigated and much more information about the situation was exposed at the hearing than was previously understood by the government.  After the Article 32 hearing, the court-martial case was dropped.  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison and dismissal (dishonorable discharge).

Several administrative actions followed; but, ultimately, the client received a full Honorable Discharge from the service.  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 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.