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.

Civilian Court-Martial Lawyers:

Record Cleared 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 and, generally, claims associated with alleged travel voucher and entitlement fraud, had his record cleared.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

After the pretrial Article 32 hearing in the case, the charges and court-martial were dropped by the government.  However, adverse administrative actions served on the officer.  The defense aggressively rebutted the claims alleged in the administrative actions, and those actions were also dropped – clearing the officer’s record completely.  The officer was then promoted in rank and his career will now continue unblemished.

In recent years, we have defended numerous military members facing similar allegations, particularly members of the Guard and Reserve who were mobilized in support of the Global War on Terror.  Generally we have been seeing claims that the members received entitlements that weren’t authorized while activated on mobilization orders.  The government then claims this was intentional larceny.  Oftentimes, the government doesn’t understand the Joint Federal Travel Regulation (JFTR), and defense of the case requires education about what various provisions of the JFTR truly mean.  Moreover, the JFTR is often misinterpreted by the military members and Finance as well.  Mistakes do not equate to intentional criminal conduct.

In any event, while this most recent case in which the officer’s record was cleared 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. For more information on the military justice system, please see our other blog posts.  For other blog posts regarding allegations of travel voucher and entitlement fraud, please see:

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

http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military.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.