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Law Offices of Richard V. Stevens, P.C.) had the court-martial charges, and court-martial case, he faced dropped (withdrawn and dismissed) by the government.
The client initially faced
a total of 29 court-martial specifications (allegations), covering 5 pages of the
court-martial charge sheet. These
allegations included larceny, wrongful appropriation, wire fraud and conduct
unbecoming an officer and gentleman (UCMJ Articles 121, 133 & 134). As trial approached, the defense aggressively
argued the legal and factual flaws in the case, and began chipping away at the
specifications. Some specifications failed
to survive the defense motions. Still,
the case proceeded toward a court-martial trial. The defense continued to point out
significant issues regarding the credibility of the government’s witnesses and
the clear evidence contrary to the government’s case. Ultimately, on the eve of the beginning of
the court-martial trial, the government agreed to withdraw and dismiss the
court-martial allegations and case, addressing the situation administratively
instead.
If convicted, the client faced a maximum sentence including hundreds of years of confinement in prison, dismissal (dishonorable discharge for an officer) and forfeitures of all pay and allowances.
While the
court-martial in this case was dropped, and the case was successfully defended
against, it is important to understand that every case has different facts, and
success in some previous case(s) does not guarantee success in any particular
future military case. No military lawyer
or civilian defense lawyer, including those who specialize in military law, can
guarantee the outcome of any military case.
For more information on the military
justice system, please see our other blog posts. Thank you.
By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
Blog postscript: Attorney Frank J. Spinner
and I (attorney Richard V. 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 and military justice. 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 and The Law Office of Frank J. Spinner for a free consultation. These
military defense law offices are located in Colorado Springs, Colorado and
Southern New Jersey, but the military defense representation is worldwide –
when necessary, the attorneys travel to wherever the client is stationed.
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