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!
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.
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.
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.
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.
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.
