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Saturday, January 04, 2014

Civilian Court-Martial Defense Lawyers: End of Year Wrap-Up and Welcome to 2014



Military Defense Lawyer (Former JAG Attorney) News:



Another year has come to an end, and it was another gratifying year of defending those who defend us!  We want to sincerely thank our clients for allowing us the privilege of representing them and their families.  Thank you all so much for your service and your sacrifice!

As former military defense JAG lawyers, and now as civilian court-martial defense attorneys, we strive to help military members and their families during very difficult times.  Therefore, we measure the term “success” by how well we were able to help our clients and their families with outcomes that positively resolved the military cases, allegations, adverse actions and investigations they faced – not by our financial bottom lines. 

Looking back on 2013, it was marked by positive outcomes and grateful clients – from court-martial trials dropped and won to successful appeals and responses to other military adverse actions and discipline.  These outcomes are extremely gratifying for us.  Some of the successes from this past year have been documented in our blog (when we have time to post updates). 

This past year, I defended, represented, advised, counseled or otherwise assisted clients and/or handled cases out of:

- Air Force Academy, Colorado Springs, Colorado
- Vance AFB, Oklahoma
- Joint Base McGuire-Dix-Lakehurst, New Jersey
- Joint Base Andrews, Maryland
- Whiteman AFB, Missouri
- Barksdale AFB, Louisiana
- Laughlin AFB, Texas
- Bolling AFB, Washington DC
- Randolph AFB, San Antonio, Texas
- Robins AFB, Georgia
- FT Bragg, Fayetteville, North Carolina
- United States Army Garrison, Stuttgart, Germany
- Naval Amphibious Base Coronado, San Diego, California

Some of the cases, allegations and military law issues I handled this past year included:

- Larceny, Wrongful Appropriation (UCMJ Article 121)
- Insubordination, Failure to Obey Lawful Orders, & Dereliction of Duty (UCMJ Articles 91 & 92)
- Rape, Sexual Assault, Sexual Misconduct (UCMJ Article 120)
- Forcible Sodomy (UCMJ Article 125)
- Drug Offenses, Wrongful Use, Possession, Distribution of Controlled Substances (UCMJ Article 112a)
- Assault (UCMJ Article 128)
- Maltreatment (UCMJ Article 93)
- False Official Statements (UCMJ Article 107)
- Conduct Unbecoming an Officer and Gentleman (UCMJ Article 133)
- Joint Federal Travel Regulation (JFTR) fraud
- Wire fraud under federal code
- UCMJ Article 134 offenses including:
  - Adultery
  - Sexual Harassment
  - Accessing adult and child pornography on the internet
  - Dishonorable Failure to Pay Debt
  - Obstruction of Justice

Some of the adverse actions I have defended against this past year have included:

- Court-martial trials
- Administrative discharge/separation boards
- Article 15, Nonjudicial Punishment (NJP)
- Performance report appeals (OER, NCOER, OPR, EPR)
- Board of Corrections for Military Records (BCMR) appeals in different military branches
- Discharge Review Board (DRB) appeals in different military branches
- MEB/PEB cases in different military branches
- Flying Evaluation Boards (FEB)
- Freedom of Information Act (FOIA) requests
- Military Academy discipline, disenrollment, boards, and appeals

Here are some links to posts describing the outcomes of some of my 2013 cases:
































We are very thankful for the successful outcomes we have been able to secure for our clients this past year.  But, as we always warn, while the military court-martial trials and other military cases described in our blog posts were successfully defended against, it is important to understand that every case has different facts, and success in previous military courts-martial and military cases does not guarantee success in any particular future court-martial or military case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case or military trial. 

Given the potential consequences to military careers, families and personal freedom when facing military discipline, adverse action and/or court-martial trial, it is critical to be defended by a lawyer with experience in military law.  For those seeking assistance, we offer free initial case consultations. 

Please contact us by:
Toll Free Phone:  (800) 988-0602

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 Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.



Wednesday, December 25, 2013

HAPPY HOLIDAYS!



We wish you all a Merry Christmas and very happy holidays!  Please keep our service men and women, and their families, in your thoughts and prayers this holiday season.  As we all enjoy our time off from work and our family time together, there are countless American troops serving overseas who will get no “real” holiday vacation this season and who are a world away from their nearest and dearest relatives.  We need to keep their sacrifices and contributions in mind and pray for their safe return. 

Tuesday, December 10, 2013

Duke Law Professor and Former Air Force Deputy Judge Advocate General (DJAG) Details Top 10 Reasons Why Senator Kirsten Gillibrand's Military Sexual Assault Bill is the Wrong Solution

Maj Gen (Ret) Charles Dunlap is a Duke law school professor, as well as being the former Air Force Deputy Judge Advocate General (DJAG) and a former military judge.  In his recent paper regarding the issue of rape and sexual assault cases in the military justice system (UCMJ Article 120), Maj Gen Dunlap sets forth his top 10 reasons why Senator Kirsten Gillibrand's military sexual assault bill is the wrong solution.  Maj Gen Dunlap's paper can be found here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2358044

A discussion of that paper can be found here:

http://www.caaflog.com/2013/12/09/maj-gen-dunlaps-top-10-reasons-he-opposes-sen-gillibrands-proposal/#comments

And here is a paper by Charles "Cully" Stimson from the Heritage Foundation:

http://www.heritage.org/research/reports/2013/11/sexual-assault-in-the-military-understanding-the-problem-and-how-to-fix-it 




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 Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Wednesday, December 04, 2013

"How Can You Defend Them?" Wrongfully Convicted, Robbed of 25 Years of His Life, Taken from His Young Son...The Case of Michael Morton


In previous blog posts, I have addressed the question often posed to criminal defense attorneys:  "How can you defend them?"  





http://militaryadvocate.blogspot.com/2007/04/how-can-you-defend-them-duke-lacrosse.html

Here is another sad tale that answers the question.  This is the CNN reported story of Michael Morton - an innocent man who lost his case, his freedom, a large portion of his life, his relationship with his son (and, oh yes, the wife he was wrongfully convicted of murdering):


http://www.cnn.com/2013/12/04/justice/exonerated-prisoner-update-michael-morton/index.html?hpt=hp_bn1


You can imagine the prosecutor raging away in front of those Texas jurors with tears running down his cheeks.  That prosecutor later became a Texas judge.  That prosecutor stole not only a large portion of Michael Morton's life, but justice itself.  That prosecutor ended up in jail himself - for failing to turn over evidence to the defense which would have supported Michael Morton's innocence.

I encourage you to watch the CNN film about this case, airing this Thursday, and, in the future when you initially hear about a case, don't be so fast to presume the accused must be guilty and the defense is shady.  Cases like Michael Morton's are why we do what we do.  Cases like his are why it's so important to have advocates on the defense side who fight not only for their clients, but for the criminal justice system itself.  An innocent man behind bars for 25 years... 


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 Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.