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

Saturday, April 30, 2011

Civilian Court-Martial Lawyers:

Honorable Discharge for Military Officer Defended by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who originally faced court-martial charges/allegations of larceny (stealing military property that was given and sold to third parties) received an Honorable Discharge from the service. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused client was served with court-martial charges alleging the larceny and the case proceeded to a pretrial Article 32 hearing, with government expectation of a general court-martial to follow. The Article 32 hearing was litigated and much more information about the situation was exposed at the hearing than was previously understood by the government. After the Article 32 hearing, the court-martial case was dropped. The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison and dismissal (dishonorable discharge).

Several administrative actions followed; but, ultimately, the client received a full Honorable Discharge from the service. 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 on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Tuesday, April 26, 2011

Civilian Court-Martial Lawyers:

Record Cleared for Military Officer Defended by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who originally faced court-martial charges/allegations of larceny and, generally, claims associated with alleged travel voucher and entitlement fraud, had his record cleared. The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

After the pretrial Article 32 hearing in the case, the charges and court-martial were dropped by the government. However, adverse administrative actions served on the officer. The defense aggressively rebutted the claims alleged in the administrative actions, and those actions were also dropped – clearing the officer’s record completely. The officer was then promoted in rank and his career will now continue unblemished.

In recent years, we have defended numerous military members facing similar allegations, particularly members of the Guard and Reserve who were mobilized in support of the Global War on Terror. Generally we have been seeing claims that the members received entitlements that weren’t authorized while activated on mobilization orders. The government then claims this was intentional larceny. Oftentimes, the government doesn’t understand the Joint Federal Travel Regulation (JFTR), and defense of the case requires education about what various provisions of the JFTR truly mean. Moreover, the JFTR is often misinterpreted by the military members and Finance as well. Mistakes do not equate to intentional criminal conduct.

In any event, while this most recent case in which the officer’s record was cleared was successfully defended against, 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. For more information on the military justice system, please see our other blog posts. For other blog posts regarding allegations of travel voucher and entitlement fraud, please see:

http://militaryadvocate.blogspot.com/2010/12/civilian-court-martial-lawyers-travel.html

http://militaryadvocate.blogspot.com/2011/01/civilian-court-martial-lawyers-military.html

By: Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. 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 & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Tuesday, February 01, 2011

Civilian Court-Martial Lawyers:

Military Murder, Manslaughter & Homicide Defense
(UCMJ Articles 118, 119, 134)

Military Defense Lawyer (Former JAG Attorney) News:

This blog post responds to recent inquiries. I am a civilian criminal defense attorney and a former military JAG lawyer. My military defense law practice covers bases and military clients all over the world.

As a military law specialist, my legal practice is exclusively limited to representing and defending military members of all service branches, stationed around the world, who are facing all types of military specific adverse actions. This includes representing and defending military clients facing court-martial and/or allegations of:

- Premeditated murder [UCMJ Article 118(1)];

- Murder [UCMJ Article 118(2) - intent to kill or inflict great bodily harm];

- Murder [UCMJ Article 118(3) - act inherently dangerous to another];

- Murder [UCMJ Article 118(4) - act committed during certain offenses];

- Voluntary manslaughter [UCMJ Article 119(1)];

- Involuntary manslaughter [UCMJ Article 119(2);

- Death or injury of an unborn child [UCMJ Article 119a];

- Shaken baby cases; and,

- Negligent homicide [UCMJ Article 134, ¶85].

Throughout my career, I have defended military clients accused of premeditated murder, murder, murder by inherently dangerous act and involuntary manslaughter by act of culpable negligence. I have also defended against claims of attempted murder, solicitation of murder and conspiracy to commit murder. Some of the victims of these alleged acts have included wives, children, friends/associates and allegations arising out of combat in the Middle East.

Some of the methods for committing these alleged acts in cases I’ve defended have included shooting, strangulation, stabbing (attempted decapitation), assault/beating, poisoning and motor vehicle accident. More specifically, these cases have included allegations of:

- A military officer accused of solicitation to commit the murder of Iraqi Al Qaeda terrorist insurgents in combat;

- A military NCO accused of premeditated murder of Iraqi Al Qaeda terrorist insurgent, attempted murder and solicitation to commit murder in combat;

- A military officer accused of premeditated murder of wife by poisoning;

- A military officer accused of attempted murder of wife by poisoning (dropped to assault);

- A military NCO accused of murder of wife by strangulation;

- A military officer accused of murder of infant child by blunt force trauma (beating);

- A military enlisted member accused of murder of toddler by smothering;

- A military enlisted member accused of murder, then manslaughter, due to DUI accident; and,

- A military enlisted member accused of attempted murder by attempted decapitation.

These investigations and court-martial trials are often very complicated and lengthy, and defending against these alleged crimes often involves attacking and using many different experts in disciplines such as toxicology, pathology, clinical medicine, emergency medicine and trauma, forensic crime scene analysis and reconstruction, analysis of DNA/blood/tissue/bodily fluids evidence, ballistics, psychology/psychiatry, and mitigation.

If you’re facing allegations of murder, manslaughter or homicide in the military, please don’t hesitate to seek the legal help you’re going to need. Initial case consultations are free.

Please contact me by:

Toll Free Phone: 800-988-0602

Direct E-Mail: militarylawfirm@gmail.com

Law Firm Web: www.militaryadvocate.com

Law Firm Blog: www.militaryadvocate.blogspot.com

By: Attorney Richard V. Stevens
Civilian court-martial lawyer and military law specialist
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Civilian court-martial lawyer blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG attorney/lawyer). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively, and specializing, in the area of military law. 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 Military Defense Law Offices of Richard V. Stevens and/or The Law Office of Frank J. Spinner for a free consultation. Our military defense law offices are located in Colorado Springs, Colorado. Our military defense law practices are worldwide.

Civilian Court-Martial Lawyers:

Military Drug Crime Defense
(UCMJ Article 112a)

Military Defense Lawyer (Former JAG Attorney) News:

This blog post responds to recent inquiries. I am a civilian criminal defense attorney and a former military JAG lawyer. My military defense law practice covers bases and military clients all over the world.

- Wrongful use of controlled substances;

- Wrongful possession of controlled substances;

- Wrongful manufacture of controlled substances;

- Wrongful distribution of controlled substances;

- Wrongful import or export of controlled substances; and,

- Wrongful introduction of controlled substances onto military installation, vessel, vehicle or aircraft.

Over the years, I have defended numerous military members facing these claims and court-martial trials. Successful defenses in these cases often involve coordination with a defense expert in forensic toxicology, the ability to understand and strategically apply or rebut the results of the DoD military drug testing (urinalysis, blood analysis, bodily fluids), including the drug testing lab’s “litigation package,” and/or attacking the credibility of alleged co-actors, confidential informants or sources.

I have defended military court-martial cases alleging wrongful involvement with a variety of drugs/controlled substances, including:

Marijuana

Cocaine

Amphetamine

Methamphetamine

Ecstasy (MDMA)

LSD

Opium and Opiates

Prescription pain medications

Anabolic steroids

GHB ("date rape drug")

“Spice” (Salvia and variety of herbal and synthetic marijuana/cannabinoids)

“Huffing” (inhalants)

One important factor that has recently contributed to allegations of drug offenses in the military is self-medication by those suffering from PTSD and other mental health issues arising out of combat in the Middle East. This can lead to addiction issues and legal complications and has played a prominent role in many of my recent military cases.

If you’re facing allegations of drug crimes in the military, please don’t hesitate to seek the legal help you’re going to need. Initial case consultations are free.

Please contact me by:

Toll Free Phone: 800-988-0602

Direct E-Mail: militarylawfirm@gmail.com

Law Firm Web: www.militaryadvocate.com

Law Firm Blog: www.militaryadvocate.blogspot.com