Get free answers to your Military Law legal questions from lawyers in your area.
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
answered on Mar 6, 2023
You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... View More
In summary:
I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication... View More
answered on Mar 4, 2023
I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you.... View More
answered on Feb 20, 2023
Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.
What’s the max capacity magazine for a pistol?
answered on Dec 20, 2022
If you live on a military base, the answer is almost always yes.
While I am not a CA attorney, perhaps this statute can assist you: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17000.
If you live off base, I'd recommend a brief... View More
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
answered on Dec 5, 2022
Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... View More
I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.
answered on Aug 22, 2022
This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... View More
Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.
1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... View More
answered on Jul 22, 2022
1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)
2) you must serve defendant's counsel with all papers in the case, not the defendant himself
3) service deadlines mean the documents must be... View More
One of the services I am eligible for is the VA RideShare Program. Staff at the Medical Center arrange transportation for veterans ( Dr. appts and other necessary trips ). I discovered soon after using the service, that the cost of many of the trips had been debited from my personal bank... View More
answered on Jun 22, 2022
you need a lawyer who specializes in Veterans Benefits, not just a personal injury lawyer. Google that if you don't get an answer on this site.
A PI is more like car accidents and slip and falls.
Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?
answered on Jan 4, 2021
If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to... View More
If its not stolen valor, would it be a violation of any other law? Sources would be appreciated. Thank you.
answered on Jul 16, 2020
Even if it is not stolen valor, if you are not a veteran it would be fraud.
In our final amount owed statement our current mortgage company is adding the $16,000 to our current home loan amount. Now our refinance loan will be $16,000 higher than our current home loan.
answered on Apr 8, 2020
Unless your matter involves military legal issues, you could try reposting under Banking and Real Estate. There's no guarantee that every question is picked up, but your question remains open for five weeks and could have better chances of being seen in those categories. Good luck
Tim Akpinar
I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished
answered on Mar 3, 2020
The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... View More
It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... View More
answered on Oct 29, 2019
No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... View More
Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"
answered on Oct 18, 2019
Yes, you are a veteran. You should visit the VA's website (https://www.va.gov) to determine what, if any, benefits to which you may be entitled. Thank you for your service.
answered on Oct 15, 2019
more info needed.
probably a labor/employment law litigator.
my concern is whether they would do it on a contingency or hourly............i suspect hourly.
the issue may be damages
It has been 18 months now and still no resolution. I am not being prioritized. delay over delay. I need help.
My private Dr cleared me to go back. I might also need an age waiver.
answered on Jul 10, 2019
Speak with a recruiter. Their job is to get people to enlist. They can educate you on the current waivers available. Keep in mind each of the services have different recruitment policies so you may want to check with each of the branches of the US Military. Good luck.
that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... View More
answered on Feb 4, 2019
CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.
As for information in a background check, typically such checks uncover all arrests that... View More
His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't... View More
answered on Jan 16, 2019
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was... View More
answered on Jan 9, 2019
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.
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