Military Defense Lawyer (Former JAG Attorney)
News:
Recently, a senior military NCO represented by
military law attorney Richard V. Stevens (Military Defense Law Offices of
Richard V. Stevens, P.C.) had the court-martial allegations, and case, he faced
dropped by the government.
The client faced court-martial allegations that
he raped and sexually assaulted a civilian associate. The allegations were unclear and
inconsistent, but one version of the claim may have been that she was too intoxicated
to consent to sexual activity (UCMJ Article 120, “substantial incapacitation”). Another version was that she was forced.
Leading up to the pretrial Article 32 hearing,
as the defense was conducting witness interviews and our own investigation into
the claims, more information came out that raised significant questions not
only about the credibility of the complainant, but directly about the truth of
her claims (admissions to witnesses that the claims were not true). The defense pushed to be able to interview
the complainant and to question her, under oath, during the Article 32 hearing –
at which point she withdrew her interest in pursuing the case. The charges and case were then dropped by the
government, exonerating the NCO and clearing his record.
Had this case proceeded to trial by
court-martial, if convicted, the NCO client faced the possibility of significant
prison time, dishonorable discharge, reduction in rank to E-1, forfeitures of
pay and allowances, and sex offender registration. 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, including: (http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military_17.html). 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
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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