CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: December 2016

Saturday, December 31, 2016

Civilian Court-Martial Defense Lawyers: End of Year Wrap-Up and Welcome to 2017

Military Criminal Defense Lawyer (Former JAG Attorney) News:

Another year has come to an end, and it was another gratifying year of defending those who defend us! We want to sincerely thank our clients for allowing us the privilege of representing them and their families. Thank you all so much for your service and your sacrifice!

As former military defense JAG lawyers, and now as civilian court-martial defense attorneys, we strive to help military members and their families during very difficult times. Therefore, we measure the term “success” by how well we were able to help our clients and their families with outcomes that positively resolved the military cases, allegations, adverse actions and investigations they faced – not by our financial bottom lines.

Looking back on 2016, it was marked by positive outcomes and grateful clients – from court-martial trials dropped and won to successful appeals and responses to other military adverse actions and discipline. These outcomes are extremely gratifying for us. Some of the successes from this past year have been documented in our blog (when we have time to post updates). For the fourth straight year, I received the Avvo client’s choice award for military law in 2016.

This past year, I defended, represented, advised, counseled or otherwise assisted clients and/or handled cases out of:

- FT Hood (Killeen, Texas)

- FT Carson (Colorado Springs, Colorado)

- FT Smith (Arkansas)

- Naval Air Station Pensacola (Florida)

- Naval Station Everett (Washington State)

- Fort Meade (Maryland)

- JB Andrews AFB (NCR, Washington DC area)

- JBSA Lackland AFB (San Antonio, Texas)

- JBSA Randolph AFB (San Antonio, Texas)

- Tyndall AFB (Panama City, Florida)

- MacDill AFB (Tampa, Florida)

- Robins AFB (Warner Robins, Georgia)

- U.S. Air Force Academy (Colorado Springs, Colorado)

- Peterson AFB (Colorado Springs, Colorado)

- Kirtland AFB (Albuquerque, New Mexico)

- Shaw AFB (Sumter, South Carolina)

- Eglin AFB (Ft Walton, Destin area, Florida)

- Dyess AFB (Abilene, Texas)

Some of the cases, allegations and military law issues I handled this past year included:

- Rape, Sexual Assault, Sexual Misconduct (UCMJ Article 120)

- Forcible Sodomy (UCMJ Article 125)

- Larceny, Wrongful Appropriation, BAH Fraud, PCS Fraud, Travel Voucher Fraud (UCMJ Article 121)

- Insubordination, Failure to Obey Lawful Orders, & Dereliction of Duty (UCMJ Articles 91 & 92)

- Drug Offenses: Wrongful Use, Possession, Introduction, Distribution of Controlled Substances (UCMJ Article 112a)

- Physical Assault and Assault Consummated by Battery (UCMJ Article 128)

- Child Abuse

- False Official Statement (UCMJ Article 107)

- Conduct Unbecoming an Officer and Gentleman (UCMJ Article 133)

- Joint Federal Travel Regulation (JFTR) fraud

- UCMJ Article 134 offenses including:

- Adultery

- Fraternization

- Sexual Harassment

- Solicitation of Prostitution

- Receipt, possession and/or distribution of child pornography

- Obstruction of Justice

Some of the adverse actions I have defended against this past year have included:

- Court-martial trials and court-martial clemency (general court-martial and special court-martial)

- Administrative discharge boards, administrative separation boards

- Officer Elimination Actions, Board of Inquiry (BOI)

- Senior Officer Investigations and Discipline

- Officer Grade Determination (OGD)

- Article 15, Nonjudicial Punishment (NJP)

- Performance report appeals (OER, NCOER, OPR, EPR)

- Board for Corrections of Military Records (BCMR) appeals in different military branches

- Discharge Review Board (DRB) appeals in different military branches

- Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) cases in different military branches

- Medical De-Credentialing, Privileging Actions

- Flying Evaluation Boards (FEB)

- Freedom of Information Act (FOIA) requests

- Military Academy discipline, disenrollment, boards, and appeals

Here are some links to blog posts and articles describing the outcomes of some of my 2016 cases:

http://militaryadvocate.blogspot.com/2016/12/civilian-court-martial-lawyers-three.html

http://militaryadvocate.blogspot.com/2016/12/civilian-court-martial-defense-lawyers.html

http://militaryadvocate.blogspot.com/2016/09/requiem-for-military-justice-system.html

http://militaryadvocate.blogspot.com/2016/08/civilian-court-martial-defense-lawyers.html

http://www.washingtonblade.com/2016/08/26/gay-air-force-lieutenant-found-not-guilty-sexual-assault/

http://www.huffingtonpost.com/lane-hudson/justice-finally-comes-for_b_11694972.html

http://www.huffingtonpost.com/entry/air-force-injustice-trial-with-no-credible-evidence_us_57c30ff2e4b06384eb403179

http://militaryadvocate.blogspot.com/2016/05/civilian-court-martial-lawyers-forcible.html

http://militaryadvocate.blogspot.com/2016/05/civilian-court-martial-lawyers-senior_19.html

http://militaryadvocate.blogspot.com/2016/05/civilian-court-martial-lawyers-military.html

http://militaryadvocate.blogspot.com/2016/05/civilian-court-martial-lawyers-senior.html

http://militaryadvocate.blogspot.com/2016/05/navy-admiral-ret-william-mcraven-and.html

We are very thankful for the successful outcomes we have been able to secure for our clients this past year. For ease of researching, here are links to my year-end blog posts, and case outcomes, from recent previous years:

2015 Year-End Blog Post:

http://militaryadvocate.blogspot.com/2016/01/civilian-court-martial-defense-lawyers.html

2014 Year-End Blog Post:

http://militaryadvocate.blogspot.com/2014/12/civilian-court-martial-defense-lawyers.html

2013 Year-End Blog Post:

http://www.militaryadvocate.blogspot.com/2014/01/civilian-court-martial-defense-lawyers.html

2012 Year-End Blog Post:

http://militaryadvocate.blogspot.com/2013/01/civilian-court-martial-defense-lawyers.html

2011 Year-End Blog Post:

http://militaryadvocate.blogspot.com/2012/01/civilian-court-martial-defense-lawyers_01.html

As we always warn, while the military court-martial trials and other military cases described in our blog posts were successfully defended against, it is important to understand that every case has different facts, evidence, and participants, and success in previous military courts-martial and military cases does not guarantee success in any particular future court-martial or military case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case or military trial.

Given the potential consequences to military careers, families and personal freedom when facing military discipline, adverse action and/or court-martial trial, it is critical to be defended by a lawyer with experience in military law. For those seeking assistance, we offer free initial case consultations.

Please contact us by:

Toll Free Phone: (800) 988-0602

E-mail: militarylawfirm@gmail.com

Website: www.militaryadvocate.com

Attorneys:

http://militaryadvocate.com/about-us/

In the News:

http://militaryadvocate.com/Appearances/

Recent Reviews:

http://www.avvo.com/attorneys/32566-fl-richard-stevens-693212/reviews.html

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 Northern Florida/Georgia areas, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

Thursday, December 29, 2016

Civilian Court-Martial Defense Lawyers: Senior Military Officer Retires Honorably at Highest Rank Held

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer who faced an investigation and officer grade determination (OGD) retired honorably, and at the highest rank he held. The senior military officer was represented and defended during this process by military criminal defense attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.)

Because of the administrative nature of these actions, much detail cannot be discussed. Suffice it to say, the investigation was contradictory and not supported by the evidence, but rather was motivated by the politics of the day. When the client retired, he faced an officer grade determination (OGD) which could have reduced his retired rank to whatever rank he was determined to have last held honorably.

The defense/respondent submitted a rebuttal to the OGD, pointing out the deficiencies and issues with the investigation and case against the client, and the client was retired honorably, at the highest military grade/rank he served in. It was a long and difficult process, but the ultimate successful outcome was testament to the officer’s career of military service to this country.

While this military 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 about the military justice system, particularly cases involving court-martial or discharge, type your search terms into the search bar above the blog posts. See also:

http://militaryadvocate.com/practice-areas/court-martial-trials/

http://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

We offer free initial consultations for a case you may be involved in. Just call us.

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 Court-Martial Lawyers: Three Alleged Rape and/or Sexual Assault Court-Martial Cases Dropped Against Military Enlisted Members Represented by Attorney Richard V. Stevens (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, three enlisted military members in different service branches who were defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the rape and/or sexual assault court-martial allegations cases they faced dropped by the government prior to trial in favor of administrative dispositions (UCMJ Article 120).

In all three cases, the military clients faced a general court-martial trial and their cases had proceeded past the virtually worthless new Article 32 hearing process. In each case, the complaining witnesses were acquaintances of the respective clients and each complaining witness had significant credibility and motive issues. During heavily litigated motion hearings in each case, these issues were exposed with the complainants on the witness stand. After the motion hearings in each case, the government (with the agreement of the complaining witnesses) agreed to drop the general court-martial trials and handle each case with administrative action instead.

If any of these cases, which are akin to felony criminal trials in the civilian system, had proceeded to a general court-martial trial, and the accused client had been convicted as charged, the maximum authorized punishment in the case would have included decades in prison, dishonorable discharge, total forfeitures of pay and allowances, reduction in rank to E-1, and sex offender registration would have been required.

While these military court-martial cases were 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 about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.

We offer free consultations for a case you may be involved in. Just call us.

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