CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS WINS SHOW CAUSE (DISCHARGE) BOARD AND IS RETAINED IN THE MILITARY

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in the military after winning a litigated board of inquiry (BOI) hearing - involuntary administrative discharge board. 

In the military, involuntary administrative discharge board hearings are referred to as Boards of Inquiry (BOI), show cause boards, officer elimination actions, adsep boards, administrative separation actions, or administrative discharge boards.  Regardless of the label, this is an attempt by the military to kick the member out of the military. 

If a senior officer faces an involuntary administrative separation/discharge, and is discharged, they not only lose their military career, they often receive a negative discharge characterization - either a General Discharge or an Under Other Than Honorable Conditions Discharge.  In addition, they lose their future retirement and military benefits. 

Unlike a military court-martial trial, in which the government is required to prove their case beyond a reasonable doubt, the burden of proof on the government in a BOI hearing is much lower; it is simply a preponderance of the evidence.  That makes prevailing in a BOI much more challenging. 

Similar to a military court-martial, however, a BOI hearing involves a litigated case, including calling and cross-examining witnesses, presenting evidence, making closing arguments, and the Board Members deliberating and announcing their decision.

In this particular case, acts of misconduct and prior discipline were alleged.  After litigation of the case in the hearing, the three O-6 Board Panel Members returned a decision that the officer client should be retained in the military.  Because of the nature of administrative board hearings, which are closed, no further specifics about this case can be discussed. 

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 involuntary separation/discharge actions, please see:

https://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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: MILITARY SENIOR NONCOMMISSIONED OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS FOUND NOT GUILTY OF ATTEMPT TO KILL UNBORN CHILD IN COURT-MARTIAL TRIAL (UCMJ Article 119a)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military senior noncommissioned officer who faced a general court-martial (GCM) in which he was accused of domestic violence was found not guilty of attempt to kill an unborn child (UCMJ Article 119a).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The military SNCO client was accused of multiple acts of domestic violence.  Prior to trial, he had made written statements that included damaging admissions.  He was convicted of the acts he admitted to in his pretrial statements.  However, he was also accused of attempt to kill his unborn child when his former wife was pregnant.  He pled not guilty to this allegation, and it was litigated at trial. 

The allegation ended up being based solely on the testimony of the complainant, as the medical records, pregnancy test, and timeline did not support the claim.  The complainant was cross-examined about the allegation, and her claim became even more suspect based on her answers.  Even though the government had an expert forensic nurse, they did not call her to testify about this allegation, likely because the objective evidence did not support the allegation.  Ultimately, the client was found not guilty of the allegation.

Had there been a conviction regarding this allegation, the client would have faced the possibility of life in prison.  Thankfully, that did not happen.  While this serious allegation in 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.

In addition to the allegation in this case, Attorney Richard V. Stevens has defended multiple military cases in which there were allegations of murder or manslaughter.  This includes cases out of combat operations, in which use of lethal force was questioned.  For more information about the military justice system, particularly cases alleging murder or manslaughter, see:

https://militaryadvocate.com/military-offenses/murder-manslaughter-homicide-defense/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: RETIREMENT ELIGIBLE SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS DISCIPLINARY ACTION SET ASIDE AND RECORD CLEARED

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a retirement eligible senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the disciplinary action he received set aside and his record was cleared for retirement.

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details.  However, what can be generally described is…

The senior military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action despite his rebuttal.  We appealed that disciplinary action and the appeal was granted, setting aside the disciplinary action, removing it from his records, and clearing his way to retirement.

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 administrative disciplinary cases, please see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

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

https://militaryadvocate.com/practice-areas/performance-report-appeals/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SECOND RECENT JUNIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a second junior enlisted military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault court-martial case he faced dropped by the military after a pretrial motion hearing (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually and physically assaulting his former military girlfriend.  Their relationship ended badly, and the complainant began dating another co-worker.  She then made her formal complaints that she was physically and sexually assaulted by the client during the relationship.  Charges were preferred against the client and the case proceeded past the Article 32 hearing and was referred to trial by general court-martial. 

As the case proceeded toward the “felony” type military trial, the defense filed multiple motions that were heard during the pretrial motion hearing.  These motions addressed the complainant’s background and issues regarding her credibility and reliability.  Some motions were heard in a closed motion hearing session.  After the motion hearing concluded, the case looked very different than it did during the military’s investigation.  Still, the case proceeded toward trial.  On the week before trial, with the motion rulings pending, the government elected to drop the court-martial charges and case against the client, and resolved the case with administrative action instead. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dishonorable discharge, a lengthy term of confinement in prison (possibly decades) and, in addition, he would have been required to register as a sex offender.  Thankfully, the court-martial case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: JUNIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a junior enlisted military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault court-martial case he faced dropped by the military after a pretrial motion hearing (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually assaulting his former wife.  Their marriage ended badly, and the divorce was acrimonious.  The complainant made a lengthy statement to military law enforcement investigators in which she claimed she was sexually assaulted on more than one occasion by the client.  Charges were preferred against the client and the case proceeded past the Article 32 hearing and was referred to trial by general court-martial. 

As the case proceeded toward the “felony” type military trial, the defense filed multiple motions that were heard during the pretrial motion hearing.  These motions addressed the complainant’s background and issues regarding her credibility and reliability.  Several of these motions were heard in closed motion hearing sessions.  Shortly after the motion hearing concluded, and the case looked very different than it did during the military’s investigation, the government elected to drop the court-martial charges and sexual assault case against the client, and resolved the case with administrative action. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a dishonorable discharge, a lengthy term of confinement in prison (possibly decades) and, in addition, he would have been required to register as a sex offender.  Thankfully, the court-martial case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

 https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: MILITARY SENIOR NONCOMMISSIONED OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS FOUND NOT GUILTY OF SEXUAL ASSAULT IN COURT-MARTIAL TRIAL (UCMJ Article 120)

 

Military Defense Lawyer (Former JAG Attorney) News: 

Recently, a military senior noncommissioned officer (SNCO) who faced a general court-martial (GCM) in which he was accused of the sexual assault of a military friend was found not guilty of the allegation at his general court-martial trial.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.). 

The military SNCO client was accused of sexual assault by a military acquaintance who he had a long-term casual relationship with the client that included significant sexting and a plan to have sex when they got together.  They were stationed at different bases.  This relationship was mischaracterized by the complainant when asked by the investigators, and they only learned of the extent of the sexual interactions when they forensically extracted the client’s phone.  

Ultimately, the client and the complainant did get together at her house, they engaged in drinking, and they had sex.  In the morning, after they woke up and talked about having engaged in sex the night before, the complainant admits she invited the client back into her bedroom and had sex with him a second time. 

For four days after the interaction at issue, the two parties kept in touch via text, and the complainant was talking about getting together with the client again and joking about the night at issue.  After the four days passed, the complainant was concerned about a woman’s health issue that arose, and she then claimed sex with the accused on the first occasion was not consensual, because she was too intoxicated to consent.  She admits she had been (erroneously) trained during military sexual assault briefings that a woman cannot consent to sex after one drink.  

During trial, and after a lengthy cross-examination of the complainant, the defense was able to expose numerous inconsistencies in the complainant’s story, motives to make the false allegation, and things that did not make sense about her story.  The complainant claimed to have suffered a fragmentary alcohol blackout, but the defense elicited from a forensic psychology expert that such a memory impairment does not mean the person was unable to engage in knowing and purposeful behavior when the sex occurred.  In addition, the defense committed the complainant to trial testimony that was refuted by other witnesses, which appeared to indicate the complainant was lying under oath at trial. 

At the close of the trial, the officer and enlisted members on the panel returned a verdict of not guilty. 

Had there been a conviction in the case, in addition to the federal criminal conviction and sentence, the client would have been required to register as a sex offender.  Thankfully, that did not happen and the client can now continue with his military career, retire, and move into the civilian sector without such a burden hanging over his head. 

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.  Also, 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.

https://militaryadvocate.com/ 

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY PILOT REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETURNED TO FLYING STATUS AFTER FLYING EVALUATION BOARD (FEB) NOTIFICATION

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer and pilot defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was returned to pilot training after receiving a notification of flying evaluation board (FEB).

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details.  However, what can be generally described is…

The military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action, was removed from pilot training, and was served with notification that he would face a flying evaluation board (FEB) based on the command’s recommendation that he be permanently removed from flying status.

Throughout the course of the processing of the investigation and case, the defense submitted multiple rebuttals.  Ultimately, the FEB was dropped and the client was returned to pilot training.

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 flying evaluation boards, please see: 

https://militaryadvocate.com/practice-areas/flying-evaluation-board/ 

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.

https://militaryadvocate.com/ 

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETAINS COMMAND

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had their disciplinary action downgraded and command retained. 

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details.  However, what can be generally described is…

The military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action that could have, ultimately, ended the client’s command and military career.  Through the course of the processing of the investigation and disciplinary action, the defense submitted multiple rebuttals.  Ultimately, the administrative disciplinary action was downgraded to a “desk drawer” action.  The client remained in command and served out the tour.  Because of the extent the administrative action was downgraded, there was no associated negative impact on the client’s performance report or career progression.

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 administrative disciplinary cases, please see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

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

https://militaryadvocate.com/practice-areas/performance-report-appeals/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY SENIOR NCO REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS DOMESTIC VIOLENCE AND SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120 AND ARTICLE 128)

 

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military senior noncommissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the domestic violence and sexual assault case he faced dropped by the military before court-martial charges were preferred against him (UCMJ Article 128 and Article 120).

The military client was accused of, and investigated for, allegedly sexually and physically assaulting his former wife during their marriage.  This alleged abuse was never reported until the client learned of information about his wife that led to divorce proceedings and a custody fight.  Within that context, the wife claimed she had been abused by the accused.  In the meantime, she was openly engaging in behavior in an attempt to provoke conflict between them and she was continually going to the military to try to derail the client’s career.

This type of scenario is growing more and more prevalent in the military.  Military spouses know this topic is of great political interest, and they know what leverage a domestic violence and/or sexual assault conviction could provide them in custody battles.  This case was headed toward preferral of court-martial charges and the defense was put on notice that they would be coming shortly.

However, the complaining witness just could not get out of her own way.  Her adversarial behavior, her constant provocations, her motives to lie and her lack of credibility ultimately resulted in the military deciding to drop the court-martial case.  As you can imagine in this political environment, her behavior had to be extreme to lead to a dropped case. 

Had the case gone to court and resulted in a conviction for domestic violence and/or sexual assault, the client could have been sentenced to a punitive discharge, a lengthy term of confinement in prison and, in addition, he could have been required to register as a sex offender.  Thankfully, the court-martial case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT CASE DROPPED (UCMJ ARTICLE 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the sexual assault case he faced dropped by the military just before court-martial charges were to be preferred against him (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly having sex with a military acquaintance who the client met at an event.  The defense denied the entirety of that claim.  The complaining witness was intoxicated and acting in a bizarre manner during the evening, as verified by the other witnesses who were present.  The day after the alleged event, the complainant did not act as if anything was wrong, but then her father picked her up and was unhappy about how the situation appeared.  Later, the complainant claimed she had been sexually assaulted by the client.  However, her claim made no sense in a variety of crucial ways and the defense was prepared to dispute her entire story. 

When the DNA evidence came back, it not only failed to corroborate the complaining witness’s claims against the client, but it introduced a new scenario and individual into the case.  The complaining witness demanded immunity, but still wanted to press forward with her claims against the client.  The client’s commander would not prefer charges, so the military found a commander above him to prefer the court-martial charges.  The defense was notified of preferral of court-martial charges and began preparing for an Article 32 hearing, including identifying witnesses who would refute the complainant’s story.  The complainant, presumably knowing that her credibility was damaged because of the observations of the other witnesses and her own behavior that night, changed her mind and elected not to participate in the case.  The military then dropped the case before court-martial charges were preferred. 

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge, a lengthy term of confinement in prison and, in addition, he would have been required to register as a sex offender.  Thankfully, the case was dropped and he was spared this risk of devastation to his future. 

While this military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

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.