Military Defense Lawyer
(Former JAG Attorney) News:
Recently, a
senior, retirement eligible, military
noncommissioned officer defended by attorney Richard V. Stevens (Military
Defense Law Offices of Richard V. Stevens, P.C.) had the forcible rape and sexual
assault court-martial allegations, and court-martial case, dropped by the
government prior to trial (UCMJ Article 120).
The complainant was an acquaintance
who claimed the forcible rape and sexual assault had occurred years ago. After the Article 32 hearing under the new limited
rules (which reduced the hearing to a worthless formality in this case), in
which the complainant refused to attend and testify, the case was referred to
trial by general court-martial. Despite
the difficulties of investigating such dated claims, the defense was able to
uncover significant information that impacted the credibility and motives of
the complainant, and this information was presented via motion in anticipation
of the pretrial motion hearing in this case.
Based on that information being exposed by the defense, the complainant
withdrew from the case and it was dropped just prior to trial.
The client has since retired honorably from the military.
If the case had proceeded to a
general court-martial trial, and the accused client had been convicted as
charged, the maximum authorized punishment in this case would have included life
in prison, dishonorable discharge, total forfeitures of pay and allowances, reduction
in rank to E-1, and sex offender registration would have been required.
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.
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.
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.
