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

Thursday, June 21, 2012

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins Reduction of Administrative Discipline

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won a reduction in the administrative disciplinary action the client was facing. After the investigation into claims made against the client was closed, the client was served with administrative disciplinary action that could have, effectively, ended the client’s career progression and possibly impacted the client’s future retirement. The defense submitted a lengthy rebuttal package that resulted in the disciplinary action being reduced to a level that would not impact the client’s career progression or future retirement.

Due to the nature of adverse administrative actions in the military, no further details about this case can be released. While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) 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 case.

For more information on the military justice system, please see our other blog posts. 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

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Southern New Jersey, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins BCMR Appeal

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer represented by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) won an appeal before the client’s service branch Board of Corrections for Military Records (BCMR). The appeal requested removal of all documents associated with a disputed administrative disciplinary action, as well as a request for a Special Selection Board (SSB) to consider a promotion previously lost due to the disputed disciplinary action.

After submission of the BCMR appeal, the service branch submitted an advisory opinion advocating to reject the appeal. However, the defense then submitted a rebuttal to the advisory opinion that resulted in the BCMR appeal being granted in favor of the client. All negative documents associated with the disputed disciplinary action were removed from the client’s personnel records, and the client was awarded a SSB to consider promoting the client based on the new, clean military record.

Due to the nature of adverse administrative actions in the military, no further details about this case can be released. While this BCMR appeal was successful, it is important to understand that every case has different facts, and success in some previous case(s) 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 case. For more information on other successful BCMR appeals, please see:

http://militaryadvocate.blogspot.com/2009/02/successful-bcmr-appeal-for-military.html

http://militaryadvocate.blogspot.com/2009/08/former-military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2011/10/civilian-court-martial-lawyers-client.html

For more information on the military justice system, please see our other blog posts. 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, June 15, 2012

Happy Flag Day!

Thursday, June 14, 2012

Series of Articles about Serious Problems at DoD Forensic Crime Lab - USACIL

If a military member is accused of a military crime that involves forensic evidence and testing, that evidence will likely be tested at the US Army Criminal Investigation Laboratory (USACIL). This DoD forensic lab handles cases from all service branches and analyzes evidence such as:

- Blood

- Urine

- Other biological fluids

- DNA and serology examinations

- Drug chemistry

- Trace evidence (such as fibers, soil, material exchanges)

- Latent print analysis (including fingerprints)

- Forensic document examination (handwriting comparisons)

- Digital evidence (computers, mobile phones, electronic storage devices)

- Firearms, ballistics and toolmarks

Television shows and movies often depict forensic labs as infallible and unassailable. However, here are some, in a series of, articles by Marisa Taylor and McClatchy DC media (http://www.mcclatchydc.com/military-injustice/) regarding serious problems at USACIL that deeply impact the military justice system and the credibility of the forensic analyses and conclusions produced by the DoD lab:

http://www.mcclatchydc.com/2012/03/19/142444/army-threatens-to-fire-whistleblower.html

http://www.mcclatchydc.com/2012/02/03/137846/army-probes-crime-lab-workers.html

http://www.mcclatchydc.com/2011/12/29/134411/were-army-crime-lab-problems-withheld.html

http://www.mcclatchydc.com/2011/10/24/128145/missing-evidence-is-among-military.html

http://www.mcclatchydc.com/2011/06/30/116815/grassley-seeks-investigation-of.html

http://www.mcclatchydc.com/2011/06/26/116410/beyond-missteps-military-crime.html

http://www.mcclatchydc.com/2011/03/20/110551/army-slow-to-act-as-crime-lab.html

http://www.mcclatchydc.com/2011/03/20/110549/discredited-army-analyst-built.html

http://www.mcclatchydc.com/2011/03/20/110548/crime-lab-workers-errors-cast.html

For more information on the military criminal and disciplinary cases we handle, and the military justice system, please see our past blog posts and website.

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/

Blog postscript: Attorney Frank J. Spinner and I (Attorney Richard V. 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 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, CO and Southern New Jersey, but the military defense representation is worldwide – the attorneys travel to wherever the client is stationed.