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

Sunday, January 07, 2024

Civilian Court-Martial Defense Lawyer: End of Year Wrap-Up and Welcome to 2024

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 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 active duty 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 resolve the military cases, allegations, adverse actions and investigations they faced – not by our financial bottom line.

Looking back on 2023, 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).

Here are some links to blog posts describing the outcomes of some of my 2023 cases:

2023 Year-End Case Summaries:

Military Officer BOI (Administrative Discharge) Hearing:

https://militaryadvocate.blogspot.com/2023/08/civilian-court-martial-defense-lawyer.html

Military Pilot FEB:

http://militaryadvocate.blogspot.com/2023/07/civilian-court-martial-defense-lawyer.html

Senior Officer BOI (Administrative Discharge) Hearing:

https://militaryadvocate.blogspot.com/2023/06/civilian-court-martial-defense-lawyer.html

Rape and Sexual Assault (Five Cases):

http://militaryadvocate.blogspot.com/2023/05/civilian-court-martial-defense-lawyer.html

Senior Officer Assault Conviction Set Aside:

http://militaryadvocate.blogspot.com/2023/05/civilian-court-martial-defense-lawyer_24.html

Officer Administrative Discipline (Two Cases):

http://militaryadvocate.blogspot.com/2023/05/civilian-court-martial-defense-lawyer_35.html

We are very thankful for the successful outcomes we have been able to secure for our clients this past year. For ease of researching, here are links to my year-end blog posts, and case outcomes, from recent previous years:

2022 Year-End Case Summaries:

Rape and Sexual Assault:

http://militaryadvocate.blogspot.com/2022/12/civilian-court-martial-defense-lawyer.html

Rape and Sexual Assault:

https://militaryadvocate.blogspot.com/2022/11/civilian-court-martial-defense-lawyer_13.html

Senior Officer Professional Misconduct:

https://militaryadvocate.blogspot.com/2022/11/civilian-court-martial-defense-lawyer.html

Senior Officer Professional Misconduct:

https://militaryadvocate.blogspot.com/2022/07/civilian-court-martial-defense-lawyer_9.html

Rape and Sexual Assault:

https://militaryadvocate.blogspot.com/2022/07/civilian-court-martial-defense-lawyer.html

Retired Senior Officer, Officer Grade Determination (OGD):

https://militaryadvocate.blogspot.com/2022/06/civilian-court-martial-defense-lawyer_95.html

Officer Professional Misconduct:

https://militaryadvocate.blogspot.com/2022/06/civilian-court-martial-defense-lawyer_12.html

Larceny (Alleged PCS Voucher Fraud):

https://militaryadvocate.blogspot.com/2022/06/civilian-court-martial-defense-lawyer_18.html

Two Rape and Sexual Assault Cases:

https://militaryadvocate.blogspot.com/2022/06/civilian-court-martial-defense-lawyer.html

2021 Cases:

https://militaryadvocate.blogspot.com/2022/01/civilian-court-martial-defense-lawyer.html

2011-2020 Cases:

http://militaryadvocate.blogspot.com/2021/01/civilian-court-martial-defense-lawyer_12.html

As we always caution, 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, evidence, and participants, 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.

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

- Laughlin AFB (Texas)

- Joint Base San Antonio-Lackland (Texas)

- Hill AFB (Utah)

- Mountain Home AFB (Idaho)

- Dyess AFB (Texas)

- Ramstein AB (Germany)

- Seymour Johnson AFB (North Carolina)

- Shaw AFB (South Carolina)

- Travis AFB (California)

- Osan AB (South Korea)

- Fort Belvoir (DMV)

- Fort Meade (DMV)

- Fort Sam Houston (Texas)

- Army Support, Little Rock (Arkansas)

- Fort Liberty (North Carolina)

- Fort Cavazos (Texas)

- Washington Naval Yard (DMV)

- NSA Naples (Italy)

- NSA Souda Bay (Greece)

- Bethesda Naval Hospital (Maryland)

- Camp Lejeune (North Carolina)

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

- Rape, Sexual Assault, Sexual Misconduct (UCMJ Article 120)

- Aggravated Assault and Physical Assault and Battery (UCMJ Article 128)

- Larceny, Wrongful Appropriation, Contract Fraud, BAH Fraud, PCS Fraud, Travel Voucher Fraud (UCMJ Article 121)

- Insubordination, Failure to Obey Lawful Orders, & Dereliction of Duty (UCMJ Articles 91 & 92)

- Drug Offenses: Wrongful Use, Possession, Introduction, Distribution of Controlled Substances (UCMJ Article 112a)

- Child Physical and Sexual Abuse

- False Official Statement (UCMJ Article 107)

- COVID Vaccine Refusals

- Conduct Unbecoming an Officer and Gentleman (UCMJ Article 133)

- UCMJ Article 134 offenses including:

- Adultery

- Fraternization

- Sexual Harassment

- Receipt, possession and/or distribution of child pornography

- Obstruction of Justice

- Wrongfully communicating a threat

- Wrongfully posting sexual pictures online

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

- Court-martial trials and court-martial clemency (general court-martial and special court-martial)

- Administrative discharge boards, administrative separation boards (ADSEP)

- Officer Elimination Actions, Board of Inquiry (BOI), Show Cause actions

- Senior Officer Investigations and Discipline

- Officer Grade Determination (OGD)

- Article 15, Nonjudicial Punishment (NJP)

- Performance report appeals (OER, NCOER, OPR, EPR)

- Board for Corrections of Military Records (BCMR) (BCNR) appeals in different military branches

- Discharge Review Board (DRB) appeals in different military branches

- Medical De-Credentialing, Privileging Actions

- Flying Evaluation Boards (FEB)

- Freedom of Information Act (FOIA) requests

- Military Academy discipline, disenrollment, boards, and appeals

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: (888) 399-0693

E-mail: militarylawfirm@gmail.com

Website: www.militaryadvocate.com

Attorneys:

http://militaryadvocate.com/about-us/

In the News:

http://militaryadvocate.com/Appearances/

Recent Reviews:

http://www.avvo.com/attorneys/32566-fl-richard-stevens-693212/reviews.html

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: 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.

Friday, December 08, 2023

The Army reminds us that, at its core, the DoD goal is not a fair military justice system that counters the toxic political pressure and false narratives pushed by politicians, advocacy groups, military leaders, and the media. Oh, by the way, what this brave officer told to his subordinate defense counsel is 100% accurate and appropriate for his duty position at the time...

https://www.stripes.com/branches/army/2023-12-05/army-sexual-assault-prosecutor-fired-12269175.html

Saturday, August 12, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER RETAINED IN BOARD OF INQUIRY (BOI)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a field grade, military officer defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) was retained in a litigated Board of Inquiry (BOI) hearing. Because this case was administrative, we can only provide limited general information.

Our field grade officer client had established a spotless professional reputation and was slated for future command. But, he was served with notice to show cause for retention in the military based on the alleged sexual assault of a strange and troubled civilian. A BOI in the military is a litigated board hearing for an officer that addresses involuntary administrative discharge. In other words, it is a board hearing in which the board members determine if the officer will be kicked out of the military. Depending on the service branch, a hearing like this is called BOI, show cause, adsep, and/or officer elimination. If the officer is kicked out involuntarily at the board hearing, he will not receive his retirement and retired benefits. In addition, in a case like this, the likely discharge characterization would have been Under Other Than Honorable Conditions. So, the stakes are very high for the client.

A BOI hearing is a litigated administrative hearing that is similar in procedure to a trial, with fewer evidentiary rules. The burden of proof is preponderance of the evidence. These hearings include voir dire and challenges of the members, opening statements, presentation of evidence, questioning of witnesses, closing arguments, and the retention decision by the board members.

In this case, after presentation of both sides’ cases, including evidence that the complainant’s story made no sense and she had motives to fabricate, the board members concluded that the client did not commit the alleged misconduct – despite the government’s very low burden of proof. The officer was, therefore, retained in the military service.

While this administrative board hearing 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 administrative cases, see:

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

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

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

https://militaryadvocate.com/practice-areas/medical-de-credentialing/

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/

Saturday, July 22, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: MILITARY OFFICER AND PILOT REPRESENTED BY ATTORNEY RICHARD V. STEVENS PREVAILS AT FLYING EVALUATION BOARD (F.E.B.)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, another military officer and pilot defended by attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) prevailed in a litigated Flying Evaluation Board (F.E.B.) hearing.

An F.E.B. hearing is a formal military administrative hearing before fellow pilots in which the Board makes recommendations about whether the accused pilot should remain in aviation service, in what aircraft, and whether that pilot can continue to wear his/her wings. Based on that recommendation, the pilot could continue his military flying career, or he/she could face the loss of his/her flying career, his/her military career, and be involuntarily administratively discharged.

In this F.E.B. case, the defense called multiple witnesses and presented considerable evidence not only in support of the pilot, but addressing the unique circumstances of his situation. After closing arguments, the F.E.B. members delivered a unanimous recommendation in favor of the pilot continuing in military aviation service. Because an F.E.B. is a closed administrative hearing, specific details cannot be provided.

An F.E.B. is one of the unique military aviation boards that attorney Richard V. Stevens has extensive experience with. This includes Flying Evaluation Boards (F.E.B.), Field Naval Aviator Evaluation Boards (F.N.A.E.B.), Safety Investigation Boards (S.I.B.), Accident Investigation Boards (A.I.B.), and Command Directed Investigations (C.D.I. or AR 15-6).

While this military aviation case, and the military pilot, were 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 involving aviation issues and Flying Evaluation Boards, 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/