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OUTCOME: SEVEN OUT OF EIGHT CHARGES DISMISSED with $50 fine. NO FELONY CONVICTION. NO JAIL TIME.
Client was charged with Forgery x 2 (E felonies), driving on suspended license x 3, and violation of financial responsibility law x 3. RESULT: SEVEN OUT OF EIGHT CHARGES DISMISSED with $50 fine. NO FEL ... ONY CONVICTION. NO JAIL TIME.
OUTCOME: 5 out of 6 charges DISMISSED. Client released same day on probation.
Client charged with simple possession of marijuana x 2, possession of unlawful drug paraphernalia x 2, meth possession, and resisting arrest. Result: 5 out of 6 charges dismissed. Client released same ... day on probation with time served.
OUTCOME: CLIENT RETAINED IN MILITARY SERVICE
The government referred LTC client to a Board of Inquiry (BOI) and attempted to administratively separate him from military service after more than 23 years of honorable service based on flimsy allegat ... ions from two accusers with a motive to fabricate. Client faced allegations of misconduct and moral/professional dereliction based on multiple charges of sexual harassment, lewd behavior, inappropriate physical contact, and conduct unbecoming an Officer under Article 133, UCMJ. Through meticulous trial preparation and zealous advocacy, Attorney Neil Stauffer presented evidence casting doubt upon the accusers' credibility based on their character for dishonesty and history of untruthfulness. The allegations were shown to be false and completely fabricated. Result of the Board hearing: CLIENT RETAINED IN MILITARY SERVICE.
OUTCOME: INVESTIGATION CLOSED WITH NO ADVERSE ACTION; flag lifted; no administrative separation
Client was facing investigation and potential administrative separation pertaining to allegations of child sexual abuse. Investigation revealed the accusations were made by an unreliable and untruthful ... complainant who eventually recanted. The allegations were shown to be unsubstantiated and false, and the investigation was closed with client's flag lifted and no adverse action.
OUTCOME: FULL ACQUITTAL. NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS.
Client was charged at General Court-Martial with possession and distribution of child pornography, along with false official statement. During trial, through zealous cross examination and proof present ... ed during defense's case-in-chief, Neil Stauffer showed how multiple other individuals regularly used and had unfettered access to the computers in question, casting reasonable doubt upon the government's charges. Result: FULL ACQUITTAL. NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS.
OUTCOME: NOT GUILTY OF MURDER. NOT GUILTY OF WRONGFUL USE OF CONTROLLED SUBSTANCES
Client was charged at General Court-Martial with murder, negligent homicide, and multiple specifications of wrongful use of controlled substances. Aggressive representation by Neil Stauffer and defense ... expert testimony cast reasonable doubt upon the government's proof and charging theory.
OUTCOME: FULL ACQUITTAL. NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS
NCO Client was charged at General-Court-Martial with aggravated and abusive sexual contact, along with false official statement. Female accuser (PFC) was client's subordinate who very much disliked bei ... ng held to military standards. NCO found this PFC sleeping while on CQ duty in the day room. NCO called her name and tapped her on the shoulder to wake her up and instructed her to get back to work and man the CQ desk as she was required to do. PFC then accused the NCO of sexual assault. At trial and through aggressive cross-examination, the allegations were shown to be a complete fabrication by a subordinate with a clear motive to fabricate. Result: FULL ACQUITTAL. NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS.
OUTCOME: CLIENT RETAINED IN MILITARY SERVICE. NO ADMINISTRATIVE DISCHARGE
Client was notified of administrative separation due to testing positive for Oxymorphine. Client had been prescribed Percocet for a medical issue to ease the pain. When the medical condition reemerged ... months later, client took the medication to again ease the pain, not realizing the prescription had expired. Neil Stauffer presented evidence that this was not wrongful drug use but a mistake by a Soldier who was seeking to use the medication for its intended purpose (to ease pain), not as a recreational or wrongful use. The defense called multiple witnesses who testified client should be retained and even elicited favorable testimony from the government's witnesses on cross-examination. Result: CLIENT RETAINED IN MILITARY SERVICE.
OUTCOME: ALL CHARGES DISMISSED. NO FEDERAL CONVICTION.
Client was charged at General Court-Martial with multiple charges and specifications of attempted murder, aggravated assault, and wrongful use of controlled substances. Upon defense-requested mental he ... alth examination, client was determined to be suffering from a mental defect that affected client's ability to appreciate the nature and quality of his actions. As a result, client was able to get the mental health treatment he needed and avoid a federal conviction.
OUTCOME: CHARGE AND SPECIFICATION DISMISSED. NO FEDERAL CONVICTION. NO SEX OFFENDER REGISTRATION.
Client faced one charge and one specification of sexual assault pertaining to an accuser who was allegedly asleep at the time of the incident. Client and accuser were friends who were hanging out drink ... ing at a party with a group of friends at a bar. Accuser invited client back to her barracks room where they engaged in consensual sexual activity. Accuser later claimed she fell asleep during their encounter and that she, therefore, was sexually assaulted. At the preliminary hearing, the defense zealously cross-examined the accuser and exposed multiple contradictory statements she had made to CID and to other witnesses. Text messages between the accuser and client also revealed the accuser was not telling the truth and that, at the very least, this was a case of mistake of fact as to consent. The defense's aggressive strategy at the preliminary hearing revealed there was not a good faith basis for the government to refer charges in this case, as it was evident the prosecution would not be able to meet its burden beyond a reasonable doubt at trial. RESULT: CASE DISMISSED. NO FEDERAL CONVICTION. NO SEX OFFENDER REGISTRATION.
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