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Questions Answered by Robert Donald Gifford II
1 Answer | Asked in Employment Law and Military Law for Kentucky on
Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie
Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 15, 2019

You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is a motion to excel?
Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I need to find out how zip-its is drug paraphernalia and what is the amount that makes methamphetamine a felony
Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Military Law for Virginia on
Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1st Sgt that the urinalysis batch has now come back with a tainted report. Do you think there is anything I can do.?

Robert Donald Gifford II
Robert Donald Gifford II 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...
Read more »

1 Answer | Asked in Military Law for California on
Q: If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?

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... Read more »

Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Military Law for California on
Q: How can a DUI affect your chances for promotion?
Robert Donald Gifford II
Robert Donald Gifford II 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 commander will... Read more »

1 Answer | Asked in Military Law for Washington on
Q: Can I leave my current apartment lease with official orders to ship to Naval RTC?

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.

Robert Donald Gifford II
Robert Donald Gifford II 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 termination... Read more »

1 Answer | Asked in Criminal Law and Military Law for Colorado on
Q: Does violation of a punitive article of the UCMJ *require* a court-martial?
Robert Donald Gifford II
Robert Donald Gifford II 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.).

1 Answer | Asked in White Collar Crime on
Q: Is prostitues related to white collar crime ? Is it yes then how ?
Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in White Collar Crime for California on
Q: Is it possible for a defendant to face charges in both federal and state court?
Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in White Collar Crime for New York on
Q: Can someone go to jail for making false statements during a federal investigation?
Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Military Law for Texas on
Q: What happens if my husband got a DUI on the base?
Robert Donald Gifford II
Robert Donald Gifford II 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 appointed as a... Read more »

1 Answer | Asked in Military Law for California on
Q: Can a civilian be tried in military court?
Robert Donald Gifford II
Robert Donald Gifford II 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).

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the summary of okla jurisdiction law
Robert Donald Gifford II
Robert Donald Gifford II 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.)

1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: So could police officers get into trouble pulling a citizen over in a unmarked car?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 7, 2018

Not really, unless they were using the vehicle without authorization. Law enforcement uses unmarked vehicles on a regular basis.

Q: While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?

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... Read more »

Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Contraband by inmate Oklahoma Delaware county jail. Found while booking in. What's the procedure as far

While booking

Robert Donald Gifford II
Robert Donald Gifford II 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.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I have a question about a close friend currently serving in prison for armed robbery of a business with a firearm.

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... Read more »

Robert Donald Gifford II
Robert Donald Gifford II 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.

2 Answers | Asked in Criminal Law and Immigration Law for Oklahoma on
Q: In Oklahoma does a drug felony result in deportation even if your a green card holder?

Husband is in OKC for drug trafficking he was sentenced to 4 years and wasn’t told about deportation once time is served. Will he be deported or would he have been told during his sentencing?

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 4, 2018

It is very likely. A drug trafficking offense is one that will get you deported, however, and assuming he pleaded guilty rather than taking it to trial, the United States Supreme Court stated in Padilla v. Kentucky that a plea is not a knowing and voluntary one if he was not advised of the... Read more »

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1 Answer | Asked in Contracts, Banking and Military Law for North Carolina on
Q: Drive Time and SCRA

My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Feb 4, 2018

You need to put it in writing. Here is some suggested language:

Dear Sir or Ma’am:

Pursuant to the Servicemembers’ Civil Relief Act (“SCRA”) 50 U.S.C. App. Section 527,

this letter is my formal written request to reduce the rate of interest to six percent (6.0%) for...
Read more »

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