Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Wins Administrative Discharge Board Hearing

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer with numerous combat deployments won his involuntary administrative discharge board hearing and will continue on in his military career.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The officer client was accused of PT failure and misconduct, and was served with notice of involuntary administrative discharge action (officer elimination, show cause, board of inquiry, administrative discharge, administrative separation).

The discharge board hearing, also referred to as a “show cause hearing” or “board of inquiry (BOI),” is a litigated hearing in front of board members (like a jury).  On behalf of the client, the defense at the administrative hearing included having to cross-examine several of the officer’s commanders, and argue against their opinions and motives.  Ultimately, not only did the board members vote to retain the client, they determined he did not commit the alleged misconduct, even with the low burden of proof required for the government in an administrative hearing. 

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

Civilian Court-Martial Lawyers: Senior Military Officer Facing Involuntary Administrative Discharge, Represented by Attorney Richard V. Stevens, Allowed to Retire Honorably

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a senior military officer who was served with notice of involuntary administrative discharge action (officer elimination, show cause, board of inquiry, administrative discharge, administrative separation) was authorized to retire honorably rather than continue with the involuntary administrative discharge board hearing.  The officer was accused of a pattern of misconduct and was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

In response to the notice of involuntary discharge and board of inquiry hearing, the respondent, through counsel, submitted a detailed written rebuttal package explaining the circumstances and asking to retire instead of continue to the separation hearing – despite the recommendations by his command for his discharge.  Ultimately, the officer’s request was accepted, the discharge proceeding was dropped, and the officer retired honorably after two decades of military service. 

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

Civilian Court-Martial Lawyers: Decorated Senior Military Officer Represented by Attorney Richard V. Stevens Wins Involuntary Discharge Board Hearing

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a decorated senior military officer, who had received medals for heroism in combat in the Middle East, won his involuntary administrative discharge board hearing and will continue on in his military career.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The hearing, also referred to as a “show cause hearing” or “board of inquiry (BOI),” is a litigated hearing in front of board members (like a jury).  On behalf of the client, the administrative hearing included having to cross-examine a flag officer and two wing commanders, and argue against their opinions.  Ultimately, not only did the board members vote to retain the client, they determined that he did not commit the primary alleged misconduct, even with the low burden of proof required for the government in an administrative hearing. 

Due to the nature of adverse administrative actions in the military, and the fact that the hearing was closed, 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 Norther Florida, 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 Fully Acquitted of Sexual Assault Court-Martial Allegations (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who was tried by general court-martial for charges generally alleging sexual assault (UCMJ Article 120) was fully acquitted by the military court panel (“jury”).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused military client pled not guilty to the charges and specifications.  During the fully litigated court-martial trial, the case focused primarily on forensic evidence and expert testimony, particularly about DNA and parasomnias (sleep disorders).  In addition, during trial the defense exposed issues regarding inconsistent stories about the alleged events that impacted assessments of witness credibility and the accuracy and believability of the allegations. 

Based on the testimony and evidence in the case, the court members found the client not guilty of all charges and specifications in the case (full acquittal).  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison, dismissal (equivalent to dishonorable discharge), total forfeitures of pay and allowances, 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.

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.  We also 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.