Military Defense Lawyer (Former JAG Attorney)
News:
Recently, a company grade 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 perpetrating a forcible sexual assault against another military member during a Temporary Duty (TDY) trip in support of a military event. The defense denied the entirety of that claim, and there were significant issues regarding the complainant’s credibility and motives to fabricate her story. The allegation was not made when the incident allegedly occurred. Instead, it was raised when it could provide the benefit the complainant was seeking for her career and to shield herself from issues that were negatively impacting her career.
Despite the issues with the complainant’s background and her claims, the defense was preparing for court-martial charges to be preferred and to proceed to an Article 32 hearing. However, after the lengthy investigation closed, we were notified that the case was being dropped, and no adverse action would be taken against the accused. The military officer client was exonerated, and was cleared to PCS and to proceed with his career progression.
Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge (dismissal for an officer), 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 the client 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.
No comments:
Post a Comment