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Questions Answered by Robert Donald Gifford II
1 Answer | Asked in Military Law for Pennsylvania on
Q: Can you get introuble for prescribed marijuana? In the army
Robert Donald Gifford II
Robert Donald Gifford II answered on Feb 4, 2018

Yes. Marijuana possession is still a violation of federal law (and the UCMJ). Marijuana use (as discovered by drug testing) is a crime in of itself under the Uniform Code of Military Justice.

1 Answer | Asked in Immigration Law for Texas on
Q: my boyfiend is a pakistani and im an american... we want to marry but he cant enter USA. so how to get marriage licence
Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

Most jurisdictions do not allow for marriage by proxy, but there would appear to be no prohibition of you traveling to him (or another country) to meet and marry. For you to have him to be able to enter the U.S., you will still need to go through immigration and file paperwork.

1 Answer | Asked in Divorce, Appeals / Appellate Law and Military Law for Texas on
Q: Is it unethical to request a statement from an ex-husband's lawyer?

I am pro se appellee. My ex-husband is appealing the judgement against him to pay what was suppose to be military retirement, but the ex opted for disability pay. Divorce Decree did not allow him to change or stop payment when he was eligible to receive retirement. Judge did not order him to pay... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

Your ex-husband's lawyer will likely not assist, and may be concerned about violating an attorney/client privilege or other professional responsibility obligations.

1 Answer | Asked in Child Support, Divorce and Military Law for California on
Q: my spouse join military 7 years ago,we dont live together since he started his service. are we legally separated?

i am working at the time thats is why my child and i can not move with his service state station. he only give little amount monthly for shelter because he said i am also working. and now that i am sick he wants a divorce. once legally divorce: can i ask a judge on a back payment for the past... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

You are not legally separated, however ever branch of service requires support to be provided. For example, pursuant to AR 608-99 the Army requires that the military member provides an amount equal to his/her Basic Allowance for Housing.

1 Answer | Asked in Military Law for Missouri on
Q: With a chapter 5-17, is someone eligible for 100% GI Bill or only after VA claims prove service connected disability?

My wife is currently being separated under a chapter 5-17 due to a really bad break in her femoral neck. She went on con leave and was told she was getting a chapter 5-17 when she returned. She was never offered a MEB, however with such an injury, is that common? What benefits will she be eligible... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

The VA will establish the percentage of disability. There is an appeals process should you disagree with it.

1 Answer | Asked in Military Law for Washington on
Q: Can i sue the va for giving me all male providers when i have documented Military sexual trauma? Im a female veteran.

Im a disabled female veteran with documented Military sexual trauma from being raped in iraq by our own soldiers... The VA knew about my sexual trauma and still only provided me with all male providers. Just going to an appointment is a trigger for me and ends up being very traumatic, especially... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jan 26, 2018

You likely do not have grounds for a lawsuit unless you could establish it was done intentional to cause you emotional pain. Your better route is to make a complaint within the VA, to the VA OIG, or through a congressional inquiry/complaint.

1 Answer | Asked in Criminal Law and Probate for Ohio on
Q: Can my probation officer physically check me, is that common?

I am under 18 and they charged me with driving under suspension, drug paraphernalia, and drug possession. They were all misdemeanors though and they gave me a probation officer and suspended license for 6 months. I just don't know what to expect from having a probation officer.

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

Most probation officers are required to ensure that you are in compliance, haven't fled the jurisdiction, have not been charged with any new crimes, and some conditions of probation require employment, residence, etc.

1 Answer | Asked in Criminal Law for Texas on
Q: I got in to a fight at my boyfriend house and he got violently abusive. I called the police.

He is trying to lie about the event and also has a prior case last yr on the same assault.

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

You need to make a full police report, and if necessary seek a protective order from your local court.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Military Law for Arkansas on
Q: Can I mount emergency lights in my POV only lights non sirens. I'm military police and just wondering if I can.
Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.

1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

I was convicted under Article 128 at General Court Martial. Sentence consisted of Rank reduction, forfeiture of pay and 90 days hard labor without confinement. After conviction, my enlistment was extended 297 days under 10 U.S.C. 12305 in order to deploy to Iraq for a second tour of duty. I... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.

1 Answer | Asked in Military Law for North Carolina on
Q: Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?

My fiancé went to basic at Fort Benning and the Airborne at Fort Bragg where he is stationed now. He has an irregular heartbeat (his mom has the same condition that caused her to have a heart attack at a young age, around 45) that sometimes interferes with PT. Can he get medically discharged (or... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

He can, but it will take a doctor's work up on it. He may be given a waiver, but if the heart condition is dangerous and makes him non-deployable he will likely be discharged.

1 Answer | Asked in Family Law and Military Law for Alabama on
Q: Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from

the military because he was going to training every other weekend. Will we still have to wait until he turns 19 before child support stop.

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

It is very specific to what your decree says. If it says until he turns 19 and living with the custodial parent, then you will. You may want to have an attorney look at your decree.

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?
Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on
Q: In the SF 86 investigation process, does the police record check with federal, state, and local agencies include -

Non-criminal/ nonpublic records such as a police report of a police transport to an emergency room for a mental health hold? I am needing help interpreting 5 U.S. Code § 9101 specifically.

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

They do a pull of the NCIC, so if it is reflected there it will show up. I do believe there is a question on the SF-86 on mental health, so make sure you answer it fully and completely. It's the cover up that always gets people.

1 Answer | Asked in Civil Litigation and Criminal Law for Oklahoma on
Q: Can law enforcement pursuit a search warrant on a residence if nobody was at residence at time of search and seizure
Robert Donald Gifford II
Robert Donald Gifford II answered on May 21, 2017

Yes. There is no requirement for anyone to be at home, and is often preferred by law enforcement for safety. A search warrant is only for a location that has been allowed by judicial review and probable cause.

1 Answer | Asked in Military Law for Georgia on
Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have

My commander told my father 1 to 2 weeks I could be out.

Robert Donald Gifford II
Robert Donald Gifford II answered on May 21, 2017

That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.

1 Answer | Asked in Native American Law and Constitutional Law on
Q: Is Trump suable by Natives over "Pocahontas" insults to Warren? He clearly intends it as a slur, & I am so offended.

This derogatory term been picked up by alt right. As a Native, I find this to be a racial slur & indefensible. Used to demean Warren, showing contempt for Natives. I am far beyond tolerating sports teams and fashion that misappropriate my culture in disrespect and disdain. Trump obviously sees... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on May 20, 2017

There are no grounds for a lawsuit as he does have a First Amendment Right to say things that are offensive to others. While one cannot "yell fire in a crowded theater," a person has a right to say inappropriate things without being sued.

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on
Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

Now we have to get a concealed weapons permit. IS that going to be a problem for me? I am just confused on exactly what all a pardon restores.

Robert Donald Gifford II
Robert Donald Gifford II answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

I made a visit to my brother and grandmother and she threatened me the first time because my nephew was their. I have rarely and even so never really talk to her. Now she has used a different account from a friend of hers, on facebook after i blocked, to message and tell me to kill myself. I dont... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on May 20, 2017

It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of... Read more »

1 Answer | Asked in Military Law for Pennsylvania on
Q: I need to know how long it takes to be separated from the national guard in PA if I popped hot for hydrocodone

I put in my packet that I will forgo my hearing if I get a general discharge

Robert Donald Gifford II
Robert Donald Gifford II answered on May 20, 2017

You will be given notification of separation, and depending on how many years of service you have and the characterization of the discharge they are seeking (General, OTH...), you will have an opportunity to contest it at an Admin Board or waive the board and be processed out. With the Guard, I... Read more »

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