Military Defense Lawyer (Former JAG Attorney) News:
Recently, a military noncommissioned
officer defended by attorney Richard V. Stevens (Military Defense Law Offices
of Richard V. Stevens, P.C.) had the sexual assault, sexual misconduct, and
maltreatment court-martial allegations, and court-martial case, dropped by the
government in favor of an administrative disposition (UCMJ Articles 92, 93
& 120).
The client had court-martial charges
preferred against him, which named several different “complainants.” The case proceeded to an Article 32 pretrial
hearing; however, at the hearing the truth of the situations leading to the
military charges and allegations was exposed through defense questioning and
submission of contradictory evidence.
Based on what was exposed during the hearing, the Article 32
Investigating Officer recommended dropping the court-martial case in favor of
an administrative resolution.
After the hearing, the defense
offered an administrative resolution which was accepted by the government and
the court-martial allegations, and court-martial case, were dropped against the
client. Due to the nature of adverse
administrative actions in the military, no further details about this case can
be released.
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 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
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.
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