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Military Law Questions & Answers
1 Answer | Asked in Civil Rights, Contracts and Military Law for California on
Q: I am a 56 yr African American veteran ( first Gulf War ). I was denied my right to file a formal complaint by the SF VA

One of the services I am eligible for is the VA RideShare Program. Staff at the Medical Center arrange transportation for veterans ( Dr. appts and other necessary trips ). I discovered soon after using the service, that the cost of many of the trips had been debited from my personal bank... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

you need a lawyer who specializes in Veterans Benefits, not just a personal injury lawyer. Google that if you don't get an answer on this site.

A PI is more like car accidents and slip and falls.

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Military Law for Tennessee on
Q: i’m in the tennessee army national guard. i had a question about legal action on attending drill dates.

if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!

Anthony M. Avery
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Anthony M. Avery
answered on May 17, 2022

You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk
answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

2 Answers | Asked in Criminal Law, Federal Crimes and Military Law for Tennessee on
Q: So if one decided to purposely go AWOL from the Tennessee National Guard, what penalty would they face besides discharge
Anthony M. Avery
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Anthony M. Avery
answered on May 4, 2022

It could be a Felony, or a Misdemeanor with alot of Restitution required. The Soldier should talk to his Commander and First Sergeant and take the Military penalty without criminal charges being filed. The Courts can be very rough on AWOLs. At least hire an attorney that knows the TN NG, as a... Read more »

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1 Answer | Asked in Military Law for Tennessee on
Q: When hunting while on military leave in the state of TN how do I check in or tag an animal?

2010 Tennessee Code

Title 70 - Wildlife Resources

Chapter 2 - Licenses and Permits

Part 1 - General Provisions

70-2-103

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 2, 2022

Go to the TWRA website. Your Leave Orders are necessary and most of it can be done on a smart phone.

1 Answer | Asked in Criminal Law and Military Law for Louisiana on
Q: What administrative remedies can a pre-trial litigant use?

It's a military case

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 14, 2022

Not nearly enough information to answer the question.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for Alabama on
Q: Can my ex stop me from moving out of state with the kids, even though she already moved out of state?

My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... Read more »

Philip D. Cave
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Philip D. Cave
answered on Feb 23, 2022

You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.

It partly depends on what...
Read more »

1 Answer | Asked in Military Law for Texas on
Q: Need jag advice. I went awol from the army back in ‘09 and I wish to go back to clear my name. What should I do?

Before I left I told my sergeant at the time that I was leaving and he told me to go take care of my family. I have been gone for almost 14 years and I wish to go back to clear my name. I need an advice from jag as to what I should do or where the best place would be to go to do this.

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

There are civilian lawyers who can help with this.

Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when...
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1 Answer | Asked in Military Law for North Carolina on
Q: I want to back out of the National Guard what are my options?

I recently enlisted in the National Guard, I haven't been to basic training yet. I've thought about this a lot and I just realized It's truly wrong for me, I jumped into it while simply excited (I'm 17). Is there a way out without legal repercussions?

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

It may be possible to void your contract. There is a procedure to do that.

I usually recommend you visit this website for more precise advice on how best to do that.

https://girightshotline.org/

2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Philip D. Cave
PREMIUM
Philip D. Cave
answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the...
Read more »

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1 Answer | Asked in Military Law for Florida on
Q: There is a Florida statute that says all able-bodied citizens of this state are in the militia. Is there an age range?

“ The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.” Does this mean that there is no defined age range? I’m 15 years old, and I’m curious if I’m legally part of this militia.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2022

Florida Statute 0.02 Militia.— (the statute from which you have quoted) provides that

(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens. ... ".

Correct. There seems...
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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 16, 2022

You should consult with an attorney because that's a complicated question.

Arizona is generally a 50-50 state, and Arizona generally only goes away from 50-50 if there's some sort of safety concern with one of the parents or it's not logistically possible to do equal...
Read more »

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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: No Prior Criminal Record a Disabled Veteran with PTSD and Mild TBI served in Combat after september 11. Honorable

Charged with F2 Laviscious battery in Florida. Met person in an adult website that promised is only adults within their regulations. Person faked age and mother pursuing for this veteran to be charged. I did not know.

Henry George Ferro
Henry George Ferro
answered on Jan 4, 2022

First thing for you to do is to hire a competent and aggressive criminal trial lawyer...and refrain from discussing the facts of this case on the internet...These charges are extremely serious and you are facing severe consequences if convicted. My former partner, Bruce Lehr, is a very effective... Read more »

1 Answer | Asked in Criminal Law, Admiralty / Maritime and Military Law for Missouri on
Q: Where do I file a compulsory counterclaim against the administrator who is acting like he is a judge and injured me
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

This is posted under Admiralty/Maritime, which often involves federal practice. Under the Federal Rules of Civil Procedure, compulsory counterclaims are governed by Rule 13 of FRCP. But it isn't fully clear what the matter involves, due to the spread of categories included. I can't speak... Read more »

2 Answers | Asked in Divorce and Military Law for Georgia on
Q: I retained a lawyer two years ago and nothing has been done. I paid a deposit and have yet to receive help. Help!?

I paid a retainer and have spoke to 4 different paralegals in two years. Nothing has been done other than a few questions last year. I have not paid my balance because she never did anything initially. It's a case of fraud from a divorce by publication.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 13, 2021

You can always decide to fire your attorney, ask for a refund of any unearned fees and hire someone else to finish your case.

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1 Answer | Asked in Military Law on
Q: Request enquiries US Army and Military Law. I need legal advice about support US Soldier.

Request enquiries US Army and Military Law.

I need legal advice about support US Soldier.

The problem: I am civilian and not in Army.

US Army Ranger. brigadier general.

He currently in Iraq. Baghdad.

US Soldier have Dominant and controlling. anger issues.... Read more »

Gregory M. Rada
PREMIUM
Gregory M. Rada
answered on Dec 12, 2021

It’s a scam. Stop paying him.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... Read more »

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