Get free answers to your legal questions from lawyers in your area.
These officers reports were undisclosed by prosecutor and have been suppressed since 2004
answered on Nov 20, 2024
It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More
What can I do about getting my daughter's benefits from his death for support for my child his name is xx
answered on Jan 9, 2024
Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More
answered on Jan 15, 2019
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
answered on Oct 24, 2018
It's a "motion to accelerate" - which is to move a deferred sentence to a suspended sentence. The latter is a conviction, while the former is not. A judge can choose not to accelerate, however it is recommended you have counsel with you to protect yourself.
answered on Aug 22, 2018
If the zip-its were found with other narcotics (or had evidence of residue in them) they are considered paraphernalia as they are often associated with illegal drug sales/possession. Having them by themselves (with no residue) is not paraphernalia in of itself.
1st Sgt that the urinalysis batch has now come back with a tainted report. Do you think there is anything I can do.?
answered on Aug 22, 2018
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.
See: http://arba.army.pentagon.mil/adrb-faq.html
and... View More
While on terminal leave, a friend of mine was charged with simple possession of a controlled substance on a federal property and had to appear in a federal magistrate court (where it was dismissed). His command found out about the incident and put him on legal hold just a few days before his EAOS... View More
answered on Aug 22, 2018
If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.
answered on Aug 22, 2018
Absolutely. It is pretty much a military career killer. The only "exception" is when the service member is a junior enlisted. The military leadership recognizes that a young soldier (or marine, etc.) will make mistakes. If that junior enlisted member is an otherwise good troop, a... View More
I leave the 10th of this month and have been told that i shouldn't be held in my lease for any longer after i ship but my property manger states different. He say that i am still stuck into my contract until june or later and i dont understand who is correct.
answered on May 7, 2018
You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest... View More
answered on Apr 29, 2018
It does not. The military is a "command driven system," in that the commander (with the advice of his legal advisor/Judge Advocate) can use the other tools in his tool box for punishment and correction (non-judicial punishment, counseling, letter of reprimand, administrative separation, etc.).
answered on Apr 13, 2018
If there are charges for "wire fraud," "bank fraud," false statements to investigators, etc. Those are generally "white collar" type of charges that could be involved with human trafficking types of charges.
answered on Apr 13, 2018
Generally it is, but there are some exceptions to it. Bottom line is the because both are separate sovereigns, thus the double jeopardy clause does not apply. Most jurisdictions try to avoid doing this as it complicates trial dates and availability of witnesses.
answered on Apr 13, 2018
It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
answered on Apr 13, 2018
Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is... View More
answered on Apr 13, 2018
The answer is generally no. No jurisdiction over civilians, with a few rare exceptions. The exceptions are generally if it is a civilian accompanying a force onto a battlefield (like a contractor).
answered on Apr 7, 2018
Your question is a bit vague, but if a crime occurs in Oklahoma - or affects the jurisdiction of Oklahoma (i.e. by means of computer, internet, wire, phone, etc.)
answered on Apr 7, 2018
Not really, unless they were using the vehicle without authorization. Law enforcement uses unmarked vehicles on a regular basis.
While dating I made an account on my boyfriend’s Mac computer. After the breakup he went into my profile to get my iMessages. Once inside my profile (on his computer), without my permission. he found sexual fantasy text messages and is threatening to send them to my parents or destroy my chances... View More
answered on Apr 7, 2018
It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.
While booking
answered on Apr 7, 2018
Generally, an individual has no right to privacy while being booked into a jail and can be asked administrative questions (identity, health, medicines, next of kin). If the questions become an interrogation regarding the alleged crime, government officials are required to advise of Miranda rights.
The crime took place in 2009 when he was 18. He is serving his 9th year now and has participated in several programs to better himself and his life. Is there anything he can do to be released sooner? This crime is his only offense and the judge continues to deny his release. Can he request a new... View More
answered on Apr 7, 2018
While there could be a variety of things that could looked at, a commutation of the sentence is a possibility. They are not easy to obtain, so if one is pursued it is recommended to ensure it is done carefully.
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.