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

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

Monday, January 17, 2011

Civilian Court-Martial Lawyers:

Military Rape & Sexual Assault Defense
(UCMJ Article 120)

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.

With regard to rape, sexual assault and sexual misconduct allegations, today's military climate presumes guilt and misinformation is purposely spread by command, in their sexual assault briefings, in an effort to be politically correct and to overcompensate for perceived shortcomings in dealing with these cases in the past. This has poisoned the entire military justice process - from the investigators (CID, AFOSI, NCIS) through command, JAG, convening authorities, prosecutors, the judiciary and potential court (jury) members.

As a result of this dangerous climate, scores of rape, sexual assault and sexual misconduct allegations and court-martial trials have arisen in the military in recent years. Sadly, a large percentage of the military cases we defend against are claims of rape and other alleged sexual misconduct/crimes. In these cases, the accused military members face extreme jeopardy - possible criminal conviction, lengthy jail terms, dishonorable discharge, sex offender registration and a variety of other personal, family and professional consequences. An experienced and aggressive defense is absolutely vital in these cases.

The current military climate motivated me to write the following blog post about how the military justice system cannot be considered fair when dealing with these claims:

http://www.falserape.net/stevens_commentary.html

Here are links to other blog posts addressing the rape, sexual assault and sexual misconduct military cases and court-martial trials that we've defended:

http://militaryadvocate.blogspot.com/2010/12/civilian-court-martial-lawyers-past_7157.html

If you’re facing these allegations, 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

Civilian Court-Martial Lawyers:

Military Travel Voucher & Entitlement Fraud Defense

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.

When the Global War on Terror began, the military service branches mobilized scores of their Reserve and National Guard members, bringing them on active duty orders to supplement the active duty force in the war. What the services didn't seem to consider was the financial impact of these numerous and extended mobilizations, and there was a general lack of awareness and/or interest in what the Joint Federal Travel Regulation (JFTR) said about entitlements in these unique circumstances.

Now, years later, the services are looking back at the amount of money and entitlements expended in this massive mobilization, and they are accusing their members of travel voucher fraud and entitlement fraud. A significant percentage of these allegations stem from law enforcement (CID, AFOSI, NCIS) and JAG misunderstanding of the JFTR - and the presumption of guilt, instead of giving their members the benefit of the doubt in this cloud of confusion. As a result, we have defended many military members facing court-martial and/or allegations of military travel voucher and entitlement fraud. In these cases, the accused military members face significant jeopardy – criminal conviction, jail term, dishonorable discharge, as well as many other personal, family and professional consequences. Therefore, an experienced and aggressive defense is critical.

Here is a link to a blog post describing three of the most recent military voucher fraud cases I have defended against:

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

If you’re facing these allegations, 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