The autopsy report shows that the following three drugs were in the patient's body: morphine, oxycodone, and heroin. The coroner did not state whether the amount of heroin was sufficient to cause death.
Only morphine and oxycodone were prescribed. The amounts of the opiods prescribed... Read more »
Theses are difficult cases given the way the law is written. The acquittals I have won in the past have usually been tied to the science and actual cause of death. Showing a particular action was not the cause of death or the only cause of death is critical.
I was discharged with a general discharge with honorable mentions for violating the curfew overseas and want to get it changed. The curfew was changed to no curfew only a few months after I left base. I have no blemish marks since getting out of the army and would love to have this black mark on my... Read more »
Each service has a Discharge Review Board. To obtain an upgrade you have to apply and provide sufficient evidence to overcome the "presumption of administrative regularity" which is the standard the Board will apply in reviewing your case. You should consider...Read more »
The typical response if you turn yourself in ranges from court-martial to administrative separation. If there are significant mitigating factors I would anticipate that an administrative separation could be negotiated. You should consider hiring an experienced attorney to...Read more »
There are several very good lawyers with military experience. For example I served on active duty for 11 years in the Air Force and have significant experience representing Marines. An important question is what legal issue are you dealing with. If you let me know the...Read more »
Great question. You want an attorney that has military experience as well as experience actually appearing before the Discharge Review Board. There are many attorneys that dabble in military law. You want someone with extensive military experience that practices before the Board frequently....Read more »
I went through the PEB and got my findings. They found me unfit and got medical retirement from the military. I have an EAS Date 45 days from now. My unit is pursing an AdminSep for pattern of misconduct. The characterization is General Under Honorable. Can the military hold me past my new EAS... Read more »
There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be...Read more »
Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... Read more »
It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had...Read more »
No. Lie detector test results are not admissible in court. But anything you say before, during, and after the test is.I would need more details to answer the second question. If your job requires a TS clearance then it is possible that refusing a lie detector related to a clearance screening...Read more »
You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.