Military Defense Lawyer (Former JAG Attorney)
News:
Recently, an enlisted military member defended by attorney
Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.)
had the court-martial case he faced dropped by the military before the case
went to trial.
The military client was accused of gun and alcohol related
offenses, and he originally faced a possible general court-martial (GCM) trial. To that end, the case proceeded to an Article
32 pretrial hearing, which is a requirement for a GCM trial. In the military, a GCM is considered roughly
akin to a “felony” trial, and it is the most serious type of court-martial.
During the Article 32 hearing, the defense challenged some of
the issues surrounding the firearm offense, and we received a favorable
recommendation from the Article 32 Preliminary Hearing Officer (PHO). Based on that recommendation, the case was
referred to trial as a special court-martial (SPCM), instead of a GCM. In the military, a SPCM is considered roughly
akin to a “misdemeanor” trial.
The defense then submitted a request that the court-martial case
be dropped, and the case be handled through administrative action instead. That request was denied by the government. In the meantime, as the case proceeded toward
trial, the defense raised legal issues through pretrial motions and disputed
factual issues. Based on these issues,
the defense asked for reconsideration of the request that the court-martial
case be dropped in favor of administrative action, and that reconsideration
request was approved by the government.
The court-martial case was dropped in favor of handling the case
administratively.
As a result, a case that began at the most serious level of
potential court-martial ended with no court-martial at all. If there had been a court-martial trial and conviction,
the client would have had a criminal record and would face a sentence that
could include jail time and a punitive discharge. Instead, he avoided the lifelong challenges
associated with such a negative court outcome.
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, please see
our website:
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.
