CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: May 2011

Monday, May 30, 2011

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.

Saturday, May 21, 2011

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

Saturday, May 14, 2011

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

Friday, May 13, 2011

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.

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

Sunday, May 01, 2011

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.