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Questions Answered by Robert Donald Gifford II
1 Answer | Asked in Military Law on
Q: I have an article 15 in my OMPF that is preventing me from positions and assignments. How do I get it removed?

I was given a Field Grade Article 15 for Adultery which Trial Defense Services told me not to accept. I knew I had done the act and felt it was wrong (morally) not to accept the ART 15. Now I am unable to be an instructor, recruiter, drill SGT as I have an adultery article 15. I really would like... Read more »

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

Each branch of service has some form of board of corrections for military records. For example if you're in the Army (as it appears you are), you might want to consider getting relief through the Army Board of Corrections for Military Records. A simple internet search will take you to the... Read more »

2 Answers | Asked in Military Law and Immigration Law for New Jersey on
Q: Hello ! Heres my question i recently found out my girlfriend is undocumented but i want to marry her can i get bah?

We have been together for a year now and she told me that she is undocumented now when i asked her if she wanted to marry me? I really love her and I always gave her everything? Will it mess up my security clearance as well ? Will i get bah based on that she is my dependent ? Will there be any... Read more »

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

In regards to the BAH, you are still entitled to receive it regardless of her immigration status. Just ensure you have proof of a lawful marriage.

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1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Q: How can I force my ex spouse to appear in court?

I filed a modification/registration of custody in GA, ex wife claimed AL residency on military orders in GA although I found the deed to the home she purchased in GA. She now lives in LA (moved the wk of court) and is saying she cannot travel due to high risk pregnancy for court where I have now... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 28, 2017

You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: pretending to be Dr's nurse,calling in Loritab Rx to pharmacy. That now old felony and person cleaned up. If surrenders

What happens? Person raising two children and no longer abusing Loritab. Oklahoma

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 28, 2017

If I understand what you are asking, this is an old charge that is still pending - but your life has cleaned up and have a lot to lose. If there are pending charges, I would recommend you speak with an attorney in person immediately so that he or she arrange for a self-surrender, an OR/PR bond (no... Read more »

2 Answers | Asked in White Collar Crime for New York on
Q: Can someone go to jail for using a stolen prescription pad?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 28, 2017

Absolutely. It is a crime in every jurisdiction. It is another person's property, as well as may be viewed as an "attempt" to commit further fraud.

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My husband and I had an argument. I was talked into filing a protective order. I'd like to attend mariage counseling how

How do I cancel the order it has not been served at this time. But I think it would be of a better benefit to myself and my husband if we we're to take some marriage counseling and some anger management classes together. Rather than be away from him and him not be able to come home. This order... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 23, 2017

You can wait until the hearing and request it be withdrawn, or some court clerk's offices can assist you in getting a court minute to the judge. I would call the court clerk to see if you can withdraw it - you may have to wait until the court has a hearing.

1 Answer | Asked in Divorce and Military Law for Texas on
Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can... Read more »

1 Answer | Asked in Immigration Law and Native American Law on
Q: In a compact of free association, can congress give US citizenship to the people of a sovereign country?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

I am unsure of your question, but generally yes. The US can dictate who can become a citizen or not.

1 Answer | Asked in Military Law for Virginia on
Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?

Me and my battle buddy got in trouble for vaping in the barracks and we both recieived a recommendation for ucmj on Friday. However he left this Monday on the 17th of April, today is the 18th and leave the 21st I just want to know if they will pull my orders to leave! We are in AIT

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

It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: My charges were filed as "omitting an unlicensed driver" to "permitting and unlicensed" is that illegal?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

Generally, the state (or city) prosecutor can amend charges up to a certain point. It is not uncommon for a police officer to incorrectly cite to a wrong charge that is similar, thus the attorney for the state/city can amend as appropriate.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hey there I just bought a "Brutus the Bulldog" defense keychain. Is this considered as brass knuckles since its plastic?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 7, 2017

The statute states that the prohibited "knuckles" are "metal" - thus you should be fine. Be advised that some municipalities may have more stringent laws that prohibit even plastic brass knuckles. With that being said, is it worth having to mess with even the risk of dealing... Read more »

1 Answer | Asked in White Collar Crime for Illinois on
Q: Under what circumstances do corporate accounting errors rise to the level of criminal activity?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 7, 2017

Mistakes happen - it's the cover up that becomes the crime. Depending on the nature of the error, it's always better to correct immediately. If there is a reporting requirement (shareholders, SEC, etc.), then don't hesitate. There may ( or may not) be a civil/administrative fine... Read more »

1 Answer | Asked in Native American Law for Arizona on
Q: How do I get a post storage hearing on my vehicle which was towed without notice on tribal land

I have been denied a post storage hearing on my vehicle which was towed and now seized on tribunal land. I am the owner I was not the driver. No crime was committed, the driver was parked at a lake in the reservation, game and fish ran his ID, he had warrants,was taken into custody, I later learned... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

This answer may vary depending on the state that you are in, but generally the state statutes have no effect on trust land. You need to look to the tribal code for your remedy. You may need to hire an attorney familiar with that tribal court.

1 Answer | Asked in White Collar Crime for Illinois on
Q: Can someone be criminally charged for knowingly writing bad checks to a business?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

Most states have a "bogus check" or "hot check" charge - it's no different than a type of fraud. If you have any checks that bounce, it's better to be on the front end of it and pay it off immediately. The court costs, conviction and restitution is not worth "hanging paper."

1 Answer | Asked in White Collar Crime for New York on
Q: Can victim's restitution touch your social security income and pension?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

Yes it can. It will not take all of your Social Security, but they will take some. If it's a state order, then it may not.

1 Answer | Asked in White Collar Crime for Illinois on
Q: What should you do if it seems like a medical office is overbilling an insurance company for routine services?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

You should notify your insurance company of your concerns. You may want to contact the state medical board or insurance board, but I would start with your insurance carrier.

1 Answer | Asked in White Collar Crime for Oklahoma on
Q: I have lost my job and can't afford my lawyer fees.. Will I be able to get representation.

Oklahoma City, ok.

Will I be able to get a state attorney to defend me

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

If it is a federal case, you will likely qualify for a federal public defender/CJA attorney. If you are at the state level and you have bonded out of jail, there is a fair chance the court will not give you a public defender (or the Oklahoma Indigent Defense System attorneys

1 Answer | Asked in Child Support, Divorce and Military Law for Pennsylvania on
Q: What are my benefits as a spouse of my husband of the military army branch incarcerated for many years with a child

And married for ten yrs

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

If he is incarcerated with the military, you have likely lost any pay and benefits.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a 16 year old female that is emancipated starts a fight with a 21 year old female will the 21 year old go to jail?
Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

A person always has a right to self-defense. Once the situation is under control, any "beat down" by the 21 year old must stop. Make a police report immediately to document what happened and to protect yourself.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it denial of due process?

My son was found NGRI in the same order the court ruled him to be a danger & committed him to the Dept of Mental Health. He was then given a hearing to determine if he was dangerous. So my question is can he be ruled a danger, then given a hearing afterward?

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 3, 2017

He will receive a periodic review to see where he is mentally and if he is considered a danger. If he begins to do better, they will lessen their determination.

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