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Military Law Questions & Answers
2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Daniel Staeven
Daniel Staeven
answered on Mar 17, 2023

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... Read more »

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1 Answer | Asked in Federal Crimes and Military Law for Virginia on
Q: How do i find JAG or NCIS records about crime that was committed against me in the NAVY

A crime was committed against me in 2006 on a aircraft carrier stationed in Norfolk Virginia. it involved theft of funds several thousand dollars by a known shipmate. I was interviewed by JAG and NCIS and the shipmate was special court martial. At the time the carrier was deployed to the middle... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

To obtain records related to a crime committed against you in the Navy, you can start by contacting the Naval Criminal Investigative Service (NCIS) and requesting a copy of the investigative report. The NCIS is responsible for conducting investigations into criminal matters involving members of the... Read more »

1 Answer | Asked in Child Support and Military Law for Maryland on
Q: My ex-wife has sent "Income Withholding for Support" papers to my current employer & Military pension... Why?

I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support?

James L. Arrasmith
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answered on Mar 15, 2023

It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made... Read more »

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
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answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... Read more »

1 Answer | Asked in Military Law for California on
Q: can someone who knows military law email me at jaimclucas138@hotmail.com i am in need of assitance
James L. Arrasmith
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answered on Mar 6, 2023

I suggest looking for a lawyer directory for attorney's who are familiar with military law.

2 Answers | Asked in Military Law for California on
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits

i am currently homeless and i need them. can any of you assist

James L. Arrasmith
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answered on Mar 6, 2023

I'm sorry to hear that you're having difficulty obtaining your military records and DD214s. There are several ways you can try to obtain these records:

Request your records online: You can request your military records and DD214s online through the National Archives website. The...
Read more »

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1 Answer | Asked in Gov & Administrative Law and Military Law for North Dakota on
Q: Will your military medical history show up on a niccs backround check when purchasing a firearm?

I have a other than honorable discharge from military, and was all voluntary but did deal with some mental health issues. Would I still be able to purchase a firearm or will this get flagged during backround check?

Anthony M. Avery
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Anthony M. Avery
answered on Mar 6, 2023

That Discharge does not cause a firearm disability. Hopefully you are not on SSI. Try to buy the firearm and see what happens. There may be other events in your life which cause a bad NICS check. If so, you may be able to expunge them. Also you might request to upgrade your Discharge.

4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

William John Light
William John Light
answered on Mar 6, 2023

You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... Read more »

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Q: I have a suet on the Fbi and verified liable how soon can the paperwork begin ans an urgent suet ftca serious big suet

The suet is in the Fbi their is a cartel who is verified by the cia and the Dod both have been a top legal help and verified weapons and the perps breaking torture laws and using a nano they stabbed me with the Dod and cia verified and exotic weapons only few who can explain the weapons the Dod... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

If you believe that you have been the victim of a crime or other misconduct involving the FBI, the CIA, and/or the Department of Defense, it is important that you seek the advice of a qualified attorney who specializes in federal litigation and civil rights law.

An attorney can advise you...
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1 Answer | Asked in Medical Malpractice and Military Law for California on
Q: I am wondering the chances of military malpractice with an allergic reaction by continued meds intake per doc directions

In summary:

I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you.... Read more »

Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently

I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... Read more »

James L. Arrasmith
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answered on Mar 3, 2023

You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... Read more »

1 Answer | Asked in Criminal Law and Military Law on
Q: When a witness says a person made inappropriate comments, starting with "to the affect of"

how is that viewed by the court ? Can the lawyer argue that "those are not the exact words" ? WOuld the court agree ? How strong is this argument ?

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2023

The attorneys here who practice in criminal defense and military law could advise best, but your question remains open for two weeks. I could only speak in terms of general civil proceedings. When those words are used, it means the witness is paraphrasing, and partly using their judgment to relay... Read more »

2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 26, 2023

If you developed seizures while serving in the military, without any prior history of seizures, it may be possible that your seizures were caused by a service-related condition or injury. This could entitle you to certain benefits or compensation through the Department of Veterans Affairs (VA).... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2023

I recommend that you consult and have a lawyer prepare your will. You want a will so that your the distribution of your estate is as you desire and an estate planning or wills lawyer is the best person to accomplish this----please use the Justia Find a Lawyer tab and search for estate planning... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Military Law and Social Security for Louisiana on
Q: Need ask for assistance preparing a will
Christie Tournet
Christie Tournet
answered on Feb 24, 2023

Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... Read more »

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1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
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1 Answer | Asked in Military Law for California on
Q: What Title 10 12301 subsection ( for National Guard) does IET ( Basic Training ) fall under? Is it 12301(a), (b), etc.?
James L. Arrasmith
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answered on Feb 20, 2023

Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.

2 Answers | Asked in Probate and Military Law for Texas on
Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM

He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?

John Michael Frick
John Michael Frick
answered on Feb 19, 2023

Maybe.

A key question will be whether the judge judicially pronounced the divorce even though the decree itself isn’t signed.

If your son didn’t have any children or siblings, you may be entitled to inherit from him.

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2 Answers | Asked in Probate and Military Law for Texas on
Q: My son died before the judge signed his divorce decree. His wife wasn't contesting. He was military & stationed in NM

He passed away in his home in NM. There is no probate filed and he had no will. As his mother, do I have a case for his estate?

Hunter Reed Sargent
Hunter Reed Sargent
answered on Mar 2, 2023

If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.

If your son was not married at the time of his death and did not have...
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1 Answer | Asked in Military Law and Criminal Law on
Q: I need a lawyer. Legal advice about Military law

I am serious. I am in danger. Serious situation. It involved with US Army.

It urgent now. He is US Army Captain. He use extortion. Threat. Abused etc. he held personal and bank information. He use sexual images and video. Record and take videos and pictures. I have been forced by him. He... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 3, 2023

Not a good idea to name the captain on a public forum. You didn't ask a legal question. If you want to hire an attorney you will need to reach out to one directly. Find someone with experience in similar situations if possible.

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