Civilian Court-Martial Defense Lawyers: Senior Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens has Involuntary Administrative Discharge Action Dropped and is Retained in Military

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior non-commissioned military officer (NCO) with nearly two decades of service defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the involuntary discharge action he was facing dropped by the military.   

In the military, involuntary administrative discharge board hearings are referred to by different labels, such as board of inquiry (BOI), show cause, officer elimination, adsep board, administrative separation, and administrative discharge board.  In this case, the client was an NCO and faced an involuntary administrative discharge board claiming various deficiencies. 

Because of the nature of administrative actions and board hearings, no specifics about this particular case can be discussed.  However, after receiving the involuntary discharge notification, the defense submitted a lengthy response challenging the alleged discharge bases and providing evidence and witness identification.  After a lengthy review by the government, the involuntary discharge action was dropped.

While the defense was successful in this case, 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 case.  No military lawyer or civilian defense lawyer, including those who specialize in military law as we do, can guarantee the outcome of any military case. 

For more information about the military justice system, particularly administrative discharge or separation cases, please see:

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

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

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.

Civilian Court-Martial Defense Lawyers: Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens is Found Not Guilty of All Alleged Sexual Assault Allegations and Retained in Military (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a non-commissioned military officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was found not guilty in a general court-martial trial of all alleged sexual assault allegations he faced, by three complaining witnesses (UCMJ Article 120). 

The NCO client was accused by three junior military members in a training environment of sexually assaulting them during training exercises.  The NCO pled not guilty in his general court-martial trial, and the case was fully litigated with numerous witnesses being called from bases around the country and abroad.  As the case progressed, the truth was exposed as it became clear that the original allegation was made when the accuser faced misconduct allegations herself, and shielded herself through her claims against the defendant. Then, military investigators searched for more complainants and, during their questioning, clearly influenced the others by the information that was given. 

At the close of the case, the NCO client was found not guilty of all alleged sexual assault and sexual offense allegations.  While he was found guilty of a single minor non-sexual offense, he was not sentenced to confinement (jail time) or punitive discharge (bad conduct discharge or dishonorable discharge).

Had there been a sex crime conviction in the case, the military accused could have been sentenced to a dishonorable discharge, many years in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, that did not happen and he can move on from this without the stigma of a sexual assault conviction to affect the remainder of his days.      

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 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

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.