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Monday, October 22, 2018


Military Defense Lawyer (Former JAG Attorney) News:

Recently, a non-commissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault and physical assault allegations he was facing, and court-martial, dropped by the government.  (UCMJ Article 120 and Article 128).

The NCO client was accused of these offenses by a civilian he was dating, after a breakup that left her very angry and expressing a desire to have him hurt and have his possessions damaged and destroyed.

The government's case began to crumble at the Article 32 hearing, and although one of the allegations was dropped at that point, the case was, nevertheless, referred to trial by general court-martial.  In the period leading up to trial, electronic evidence, to include many text messages during the relationship and after the relationship, exposed that the sexual and physical allegations made absolutely no sense and were not to be believed.  Her own words exposed her dishonest allegations.  This electronic evidence was then used as the basis for several defense motions.  At the motion hearing, in which the complainant took the stand, this electronic evidence was exposed and discussed.

As the case proceeded to trial after the motion hearing, the complainant dropped out, and elected not to participate further in the case - which saved her from being confronted with this evidence on the witness stand in open court during trial.  The government, therefore, withdrew and dismissed the charges, and the court-martial trial was dropped. 

Had there been a court-martial trial and sex crime conviction in the case, the client could have been sentenced to a dishonorable discharge, decades in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, the truth prevailed and he was spared this devastation to his future.  He can now move on from this case without the stigma of a sexual assault conviction which would have affected his life for 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:

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.

Blog postscript: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed around the world.

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