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Thursday, June 30, 2011

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. 

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

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.

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