Ali Shahrestani, Esq.'s answer 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 are publicly listed; but it depends on the thoroughness of the background check and the entity running the check. As for whether it will preclude you from a particular job with the US government, for...
Richard Samuel Price's answer 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 married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
Angelina Bradley's answer If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the VA) you could be either retired or separated with a severance.
My office practices in this area. If you need additional assistance, please reach out to me.
Angelina Bradley's answer Hello. Yes, you can ask for a hardship separation from the Naval Reserve. Depending on where you are in your contract, you can also request to be transferred to the IRR so your drilling requirement would be eliminated -- you'd just have an annual check-in (and you'd still be subject to recall to active duty).
Please feel free to reach out for a consult. I do this sort of work often, and I am also here in San Diego (don't let the number fool you): 323-487-1171.
Angelina Bradley's answer Where do you think the abuse occurred? If off-base, you should contact local PD for the criminal investigation, then contact your base Family Advocacy Program to report the abuse.
I specialize in Military Victim Rights. If it's sexual abuse, and the case heads to military criminal trial, your daughter will be appointed a victim rights attorney at no charge to you. Outside of that, if you need legal assistance, please feel free to reach out and I can help with your daughter's military...
Angelina Bradley's answer You’re going to need to be more specific. “Mass punishment” is what? Removal of privileges may be just fine depending on how it was done. Or it could be hazing. Or it could be the command actually enforcing existing policy. Without more facts, I cant make an assessment.
Robert Donald Gifford II's answer 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.
Robert Donald Gifford II's answer 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 work to rehabilitate him/her and keep them "in the fight."
Angelina Bradley's answer It depends on your service branch. In the Navy, if you're attached to a ship, you're going toArt 15/ NJP/Captain's Mast because you can't refuse. Otherwise, your command may try to take you to NJP or elect to take you to court-martial. They may elect to administratively separate you from the service. It's at your commander's discretion.
You should contact your local Defense Service Office/Area Defense Counsel for free advice. There are also many civilian attorneys (myself included) who...
1) If you didn't pay your insurance bill, then yes, you were uninsured at the time of the accident and they would not directly pay you to replace the totaled vehicle.
2) Yes, you can hire a personal injury attorney and sue your buddy for the damages and losses related to your vehicle. The attorney would likely collect a portion of the judgment, and you would get the remainder.
3) Yes, you can file a police report, explain you were on...
Angelina Bradley's answer There is a possibility of early release, but it's unlikely it will be granted. Guard service, like active duty service, is a contract that is not easy to get out of. There are hardship options out there. But if you're in an undermanned MOS, it's unlikely they'll release you.
That said, most employers are subject to USERRA and will work with you on your Guard service. It doesn't have to negatively interfere with your civilian job.
Tobie Brina Waxman's answer Who is "us"? Do you have an attorney? What do you mean that she served papers for you to calculate the percentage. It doesn't work that way. If there is a retirement account to be divided because of a divorce judgment or court order, the retirement account at issue is divided by QDRO. Whether the Brown formula even applies depends on the type of retirement account you are talking about. Using Brown, the interest owed to the alternate payee is calculated using the actuarial equivalent of...
Robert Donald Gifford II's answer 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).
David Earl Phillips' answer See if Section 707(b)(2)(D) of the Bankruptcy Code applies to your situation. If so, you may avoid the means test. Best to see a bankruptcy lawyer near you as the means test is only part of what the US Trustee looks at when reviewing cases for abuse. Thank you for your service to our country. Hope it works out.
Robert Donald Gifford II's answer 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.
William N. Sosis' answer The amount of available funds for pensions, 401k's, and most retirement plans are generally determined by plan administrators and paid through a qualified domestic relations order (QDRO). The percentage of what you're entitled to receive following a divorce is determined and fixed through equitable distribution, the coverture, and anything that may have been negotiated in your property settlement. In other words, if you negotiate 50% you will likely get 50% (providing he doesn't wrongfully...
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