CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS: 2021

Friday, December 24, 2021

Thursday, November 25, 2021

HAPPY THANKSGIVING!

Wishing you and yours a very Happy Thanksgiving! To all the American military families out there, particularly those separated from each other due to military service, a very special thank you. In the words of USMC Father Dennis Edward O'Brien:

---------------------------------------------------------|

THE SOLDIER

It is the soldier,
not the reporter,
who has given us freedom of the press.

It is the soldier,
not the poet,
who has given us freedom of speech.

It is the soldier,
not the campus organizer,
who has given us the freedom to demonstrate.

It is the soldier,
not the lawyer,
who has given us the right to a fair trial.

It is the soldier,
who salutes the flag,
who serves under the flag,
and whose coffin is draped by the flag,
who allows the protesters to burn the flag.

---------------------------------------------------------|

Pilgrim Edward Winslow describes the first Thanksgiving in 1621:

Our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together after we had gathered the fruits of our labor. They four in one day killed as much fowl as, with a little help beside, served the company almost a week. At which time, amongst other recreations, we exercised our arms, many of the Indians coming amongst us, and among the rest their greatest king Massasoit, with some ninety men, whom for three days we entertained and feasted, and they went out and killed five deer, which we brought to the plantation and bestowed on our governor, and upon the captain and others. And although it be not always so plentiful as it was at this time with us, yet by the goodness of God, we are so far from want that we often wish you partakers of our plenty.

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.

Friday, November 19, 2021

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY NONCOMMISSIONED OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS ASSAULT AND SEXUAL HARASSMENT COURT-MARTIAL CASE DROPPED

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military noncommissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the assault and sexual harassment court-martial case he faced dropped by the military.

The client was accused of assault and sexual harassment, and was facing a court-martial trial. The case had proceeded past the motion hearing, and was scheduled for trial, when the defense made a request to drop the court-martial case, and to handle the case administratively instead. The first defense request was rejected. However, with trial approaching imminently, the second defense request was approved, the court-martial case against the client was dropped by the government, and the case was handled administratively instead.

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge, confinement in prison, reduction in rank, and forfeitures of pay and allowances. 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 offense 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/

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY NONCOMMISSIONED OFFICER 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 military noncommissioned officer (NCO) 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 (UCMJ Article 120).

The client was accused of sexual assault by two different women who he had relationships with that ended badly and resulted in child custody disputes. The client was formally charged by the military with sexual assault, and his case proceeded to a pretrial Article 32 hearing.

The initial complainant had a documented history of lying and being disciplined for her lies and dishonesty on multiple occasions. She claimed she was sexually assaulted by the client, but later married him - despite the previous alleged sexual assault. She made the allegations against the client a year after they allegedly occurred, after the marriage had ended, when the client sought shared custody of their child. The complainant told a witness the client would regret it if he kept trying to be involved in the child’s life, and when he continued his pursuit of a role in the child’s life, the complainant made her claims to military investigators. The Article 32 Preliminary Hearing Officer (PHO) commented on the complainant’s lack of credibility and the Convening Authority dropped the court-martial charges related to the first complainant.

During the investigation regarding the first complainant, the second complainant told military investigators the accused never harmed her, and explained why she believed the first complainant was lying against the accused. However, later, when the client’s relationship with the second complainant ended, and a custody fight was pending, this second complainant completely changed her story and now claimed she was sexually assaulted by the client. She too had a questionable history, including custody issues arising out of a previous marriage. After the Article 32 hearing, the government pressed forward toward a general court-martial (“felony” type military trial). The defense requested discovery regarding the second complainant’s background and history. Rather than face questions about her background, her clearly inconsistent sworn statements about the client, and her obvious custody motives, the complainant dropped out of the case. The government then had to drop the court-martial case against the client.

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.

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/

Thursday, November 11, 2021

Veterans Day - Honoring Those Who Served

Please take some time today to reflect on, and offer thanks for, those brave and selfless veterans who have served and protected our country and ideals in the past, those who are currently serving, and the families who support and share in their significant sacrifices for us. Have a wonderful and meaningful Veterans Day!

Wednesday, October 13, 2021

THE MILITARY DEFENSE LAW OFFICES OF RICHARD V. STEVENS, P.C. ANNOUNCES EXPANSION - ATTORNEY W. SHANE COHEN

The Military Defense Law Offices of Richard V. Stevens, P.C. is excited and honored to announce that retired Air Force trial judge W. Shane Cohen has associated with our firm in an "of counsel" capacity. He joins founding attorney Richard V. Stevens and “of counsel” attorney Mike Coco. Mr. Cohen is also “of counsel” in non-military cases for Richards, Brandt, Miller, Nelson in Utah. Please see a brief biography for Mr. Cohen at:

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

The combined military law and military justice experience between Mr. Stevens, Mr. Coco, and Mr. Cohen is over six decades - an incredible resource for our clients. For more information about the military justice system and the cases we handle, you can use the blog search function and also see:

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

http://militaryadvocate.com/military-offenses/

To see some of our appearances in the media, please see:

http://militaryadvocate.com/Appearances/

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

Friday, September 10, 2021

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: COURT-MARTIAL CASE DROPPED AGAINST SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS

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 his case that began as an anticipated general court-martial trial dropped, and low-level administrative discipline was issued, allowing the client to retire honorably.

Because this ultimately became 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 faced a military and federal investigation that was international in scope. He was generally alleged to have engaged in improper interactions with foreign agents or representatives. The defense disputed these claims, but the investigation continued for a lengthy period. While the government was proceeding as if this case would end up in a general court-martial trial, the defense maintained that the investigation would not uncover or substantiate evidence that supported the claims. Ultimately, the allegations and case against the client alleging improper foreign interactions was dropped for lack of evidence supporting the claims. There was no court-martial.

During the course of the investigation, however, the government learned of alleged minor misconduct within the client’s personal life, and served the client with low-level administrative discipline regarding this, despite the reason the investigation was actually launched. The senior military officer was then able to retire, honorably, from the military.

Had this case resulted in a general court-martial and conviction, the client faced a federal criminal conviction, lengthy prison sentence, and a punitive discharge (dismissal). 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, please see:

National Security Cases:

https://militaryadvocate.com/military-offenses/military-national-security-defense/

Investigations and Administrative Discipline Cases:

https://militaryadvocate.com/practice-areas/i-g-complaints-investigations/

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

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

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/

Sunday, May 30, 2021

Happy and Reflective Memorial Day!

We hope you and yours have a happy and meaningful Memorial Day weekend.

Memorial Day was originally called Decoration Day - a day for remembrance of those Americans who have died in service to our great country.

In the midst of your other activities, please take some time to reflect on the meaning of the holiday and say thanks for those brave Americans who made the ultimate sacrifice for our country, and the ideals we stand for!

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 as trial approached (UCMJ Article 120).

The military client was accused of, and investigated for, allegedly sexually and physically assaulting a civilian female. Court-martial 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 discovery requests and notices specifically identifying issues that raised questions about the complainant’s credibility and motives. This included her going to the client’s home after just having met him, while she had a boyfriend. The complainant told a close friend that the activities between them were consensual and she was excited about them. After that, however, when her boyfriend found out, the complainant’s story changed and she alleged physical and sexual assault. However, her story was not corroborated by the forensic evidence.

Ultimately, as trial approached and the defense requested the complainant’s friends and boyfriend as trial witnesses, because they knew the truth of how her story had changed, the complainant elected to withdraw from the case and would not participate. The government then dropped the court-martial case against the client and he was cleared to continue his military career.

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/

Saturday, May 29, 2021

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SUCCESSFUL OUTCOMES IN THREE RECENT ADMINISTRATIVE CASES FOR MILITARY OFFICERS REPRESENTED BY ATTORNEY RICHARD V. STEVENS

Military Defense Lawyer (Former JAG Attorney) News:

Recently, three military officers in different service branches had successful outcomes in the adverse administrative cases they faced. These officers were represented and defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

Because these were administrative disciplinary cases, there are Privacy Act issues and regulations that preclude the reporting of specific details. However, what can be generally described is…

Case #1 – Senior Field Grade Officer

This military officer faced a formal disciplinary investigation in which he was accused of offenses related to his command environment and actions. Through the course of the case, we submitted a lengthy rebuttal to the evidence in the investigation. Ultimately, the client’s command determined that no disciplinary action was warranted.

Case #2 – Field Grade Officer

This military officer faced a formal disciplinary investigation in which he was accused of professional violations, which could have resulted in him losing his professional military designation and being reported to state licensing officials. Initially, the recommendation was to take his professional designation and report him. We submitted a lengthy rebuttal to this recommendation, and the client was not disciplined, he retained his professional designation, and he was not reported.

Case #3 – Field Grade Officer

This military officer faced a formal disciplinary investigation in which she was accused of misconduct. The alleged misconduct was “substantiated” by the Investigating Officer, but we submitted a lengthy rebuttal to the investigation and the alleged “substantiation.” Ultimately, a low level disciplinary action was served and was kept in the client’s local (restricted) file, so it would not have ongoing negative consequences for her military career.

While these administrative military 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 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/command-investigations/

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/

Saturday, March 13, 2021

Senator Kirsten Gillibrand's Convenient Opinions Regarding Due Process - Does An Accused Have The Right To Be Heard, And The Right To A Fair Investigation?

Military Defense Lawyer (Former JAG Attorney) News:

Senator Kirsten Gillibrand has long championed herself as an advocate for women's rights and a crusader to change the disciplinary systems on college campuses and the justice system in the military to give "more voice" to complainants alleging sexual assault and sexual misconduct. As she loudly pressed her position, administrative and/or criminal due process seemingly was not her concern. She advocated against due process rights for the accused, limiting investigations into one-sided shams, attempting to create a presumption of guilt instead of a presumption of innocence, pushing the narrative of blindly "believing the victim."

I have previously posted about the danger of the positions she advocated to the fairness of the systems she was ravaging. I have also previously posted about Senator Gillibrand's hypocrisy regarding those she supported in the Democratic Party, when it suited her ambitions. Please see:

http://militaryadvocate.blogspot.com/2020/04/is-senator-kirsten-gillibrand-fraud-and.html

http://militaryadvocate.blogspot.com/2020/05/welcome-to-bizarro-world-political.html

Please understand that my blog posts do not reflect my personal political affiliations. I don't post about party politics. I only post about issues that impact my profession as a criminal defense lawyer practicing in the military justice system. I take issue with any politician on either side of the aisle who misguidedly tampers with the military justice system in the name of politics. It just so happens that Democratic Senator Gillibrand has made it her mission to tamper with the college disciplinary system and the military justice system to see just how far she can dismantle due process.

Senator Gillibrand has now come out with a statement that New York Governor Andrew Cuomo should resign, as more complainants claim to have suffered sexual harassment, assault, and boorish behavior directed at them by Governor Cuomo. However, I think it is important to consider one of Senator Gillibrand's initial statements about these sexual misconduct allegations, which she reportedly made on 24 February. After expressing that the sexual harassment allegations against Governor Cuomo were serious and concerning, Senator Gillibrand reportedly said:

"Governor Cuomo also has the right to be heard and he has come forward and has denied these allegations..."

What?! He, as an accused, has the right to be heard? He has the right to publicly deny these allegations and have those denials be fairly considered? Judgment should be withheld while a fair investigation is launched?

These are words Democratic Senator Gillibrand would NEVER utter regarding an accused college kid or military member. In those cases, the accused individuals should be presumed guilty and limited in their rights to investigate the allegations and defend themselves. These are words Democratic Senator Gillibrand would NEVER utter regarding a politician on the other side of the aisle. But, she took this position when then Democratic presidential candidate Joe Biden faced sexual assault and sexual misconduct allegations, and she initially took this position when Democratic Governor Cuomo faced his sexual misconduct allegations.

Why does this hypocrisy matter? It matters because it pulls back the curtain on how politically motivated her position is with regard to the issue of alleged sexual assault and sexual misconduct. It raises serious issues regarding her credibility, sincerity, and motives when she advocates to crucify college kids and military members without fair process. In short, her hypocrisy should be considered, and her position should be rejected, when she again crusades for even more due process limiting changes to college disciplinary systems and the military justice system.

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/

Friday, January 29, 2021

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR ENLISTED MILITARY MEMBER REPRESENTED BY ATTORNEY RICHARD V. STEVENS IS GRANTED COURT-MARTIAL CLEMENCY

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior enlisted military member defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was granted court-martial clemency for a previous minor court-martial conviction.

Prior to being represented by Mr. Stevens, the client had been convicted in a general court-martial that was partially overturned on appeal. Mr. Stevens and a new military defense counsel represented the client in the re-trial. The overturned portion of the case was an alleged sexual assault. In the re-trial, the client was found not guilty of this sexual assault allegation by the court members (addressed in previous blog post). The minor offense the client had previously been convicted of was not overturned by the appellate court, so that conviction stood. However, the defense team in the re-trial case submitted a court-martial clemency request asking that the conviction and sentence for that minor offense be set-aside.

As you may be aware, clemency in the military justice system has been severely limited by the changes to the system in recent years. However, for minor offenses, clemency can still be requested in the military. In this case, we did request clemency for the previous conviction and sentence, and the clemency request was approved. The conviction and sentence for the remaining minor offense were set-aside.

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/

Wednesday, January 27, 2021

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:

The military client was accused of, and investigated for, allegedly sexually and physically assaulting his former wife. Their on and off again relationship and marriage finally ended badly, and the complainant made her allegations against the client, as divorce and child custody issues were pending. She claimed she had been physically and sexually assaulted by the client during the marriage. Court-martial 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, many of which raising issues about the complainant’s credibility and motives. Just weeks away from the motion hearing and trial, the complainant supported an alternative disposition for the case. The government, therefore, dropped the court-martial charges and case against the client, and resolved the case with administrative action instead.

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/