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

Wednesday, September 23, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY PILOT REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETURNED TO FLYING STATUS AFTER FLYING EVALUATION BOARD (FEB) NOTIFICATION

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer and pilot defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was returned to pilot training after receiving a notification of flying evaluation board (FEB).

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details. However, what can be generally described is…

The military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action, was removed from pilot training, and was served with notification that he would face a flying evaluation board (FEB) based on the command’s recommendation that he be permanently removed from flying status.

Throughout the course of the processing of the investigation and case, the defense submitted multiple rebuttals. Ultimately, the FEB was dropped and the client was returned to pilot training.

While this military 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 flying evaluation boards, please see:

https://militaryadvocate.com/practice-areas/flying-evaluation-board/

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.

https://militaryadvocate.com/

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.

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: SENIOR FIELD GRADE MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS RETAINS COMMAND

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior field grade military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had their disciplinary action downgraded and command retained.

Because this was an administrative disciplinary case, there are Privacy Act issues and regulations that preclude the reporting of specific details. However, what can be generally described is…

The military officer client was investigated for alleged wrongdoing and received an administrative disciplinary action that could have, ultimately, ended the client’s command and military career. Through the course of the processing of the investigation and disciplinary action, the defense submitted multiple rebuttals. Ultimately, the administrative disciplinary action was downgraded to a “desk drawer” action. The client remained in command and served out the tour. Because of the extent the administrative action was downgraded, there was no associated negative impact on the client’s performance report or career progression.

For more information about the military justice system, particularly administrative disciplinary cases, please see:

https://militaryadvocate.com/practice-areas/administrative-discipline-actions/

https://militaryadvocate.com/practice-areas/article-15-njp-captains-mast-office-hours/

https://militaryadvocate.com/practice-areas/administrative-dischargeseparation/

https://militaryadvocate.com/practice-areas/performance-report-appeals/

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.

https://militaryadvocate.com/

Thursday, August 27, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY SENIOR NCO REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS DOMESTIC VIOLENCE AND SEXUAL ASSAULT COURT-MARTIAL CASE DROPPED (UCMJ ARTICLE 120 AND ARTICLE 128)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military senior noncommissioned officer (NCO) defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) had the domestic violence and sexual assault case he faced dropped by the military before court-martial charges were preferred against him (UCMJ Article 128 and Article 120).

The military client was accused of, and investigated for, allegedly sexually and physically assaulting his former wife during their marriage. This alleged abuse was never reported until the client learned of information about his wife that led to divorce proceedings and a custody fight. Within that context, the wife claimed she had been abused by the accused. In the meantime, she was openly engaging in behavior in an attempt to provoke conflict between them and she was continually going to the military to try to derail the client’s career.

This type of scenario is growing more and more prevalent in the military. Military spouses know this topic is of great political interest, and they know what leverage a domestic violence and/or sexual assault conviction could provide them in custody battles. This case was headed toward preferral of court-martial charges and the defense was put on notice that they would be coming shortly.

However, the complaining witness just could not get out of her own way. Her adversarial behavior, her constant provocations, her motives to lie and her lack of credibility ultimately resulted in the military deciding to drop the court-martial case. As you can imagine in this political environment, her behavior had to be extreme to lead to a dropped case.

Had the case gone to court and resulted in a conviction for domestic violence and/or sexual assault, the client could have been sentenced to a punitive discharge, a lengthy term of confinement in prison and, in addition, he could have been required to register as a sex offender. Thankfully, the court-martial case was dropped and he 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.

https://militaryadvocate.com/

Wednesday, July 15, 2020

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER REPRESENTED BY ATTORNEY RICHARD V. STEVENS HAS SEXUAL ASSAULT CASE DROPPED (UCMJ ARTICLE 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a 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 having sex with a military acquaintance who the client met at an event. The defense denied the entirety of that claim. The complaining witness was intoxicated and acting in a bizarre manner during the evening, as verified by the other witnesses who were present. The day after the alleged event, the complainant did not act as if anything was wrong, but then her father picked her up and was unhappy about how the situation appeared. Later, the complainant claimed she had been sexually assaulted by the client. However, her claim made no sense in a variety of crucial ways and the defense was prepared to dispute her entire story.

When the DNA evidence came back, it not only failed to corroborate the complaining witness’s claims against the client, but it introduced a new scenario and individual into the case. The complaining witness demanded immunity, but still wanted to press forward with her claims against the client. The client’s commander would not prefer charges, so the military found a commander above him to prefer the court-martial charges. The defense was notified of preferral of court-martial charges and began preparing for an Article 32 hearing, including identifying witnesses who would refute the complainant’s story. The complainant, presumably knowing that her credibility was damaged because of the observations of the other witnesses and her own behavior that night, changed her mind and elected not to participate in the case. The military then dropped the case before court-martial charges were preferred.

Had there been a court-martial trial and sex crime conviction in this case, the client could have been sentenced to a punitive discharge, 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 he was spared this risk of devastation to his future.