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

1 Answer | Asked in Military Law for California on
Q: What happens if you get busted for something while stationed overseas? Like a DUI?
Angelina Bradley
Angelina Bradley
answered on Jul 10, 2018

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... Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for California on
Q: Currently on deployment so I left my vehicle back in the states with a buddy. Another service member who I have let use

My vehicle before got ahold of my keys from 9my buddy and was using my vehicle almost every day. Im still paying on the vehicle with a loan through my credit union. The guy flipped my vehicle and decided to leave it where it was never told me about it. I learned of this information from my Higher... Read more »

Angelina Bradley
Angelina Bradley
answered on Jun 26, 2018

It's a multi-part question:

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...
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1 Answer | Asked in Military Law for California on
Q: Just got done with Active duty Military. Just got done with leave my guard unit wants to meet in two weeks to do

Paperwork so I can be integrated into the unit. I haven’t gone to basic I switched my mos. I don’t want to be in the guard. I have a good job and it’s 91 miles away from where I live. I did my time active got out with a honarble an I only joined tHe guard because I didn’t have a job at the... Read more »

Angelina Bradley
Angelina Bradley
answered on Jun 26, 2018

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.... Read more »

1 Answer | Asked in Family Law and Military Law for California on
Q: What % of retirement is the ex wife entitled to using the Brown law/Brown Formula, in California. 9 years married

The ex-wife served us with papers recently to calculate a percentage of his retirement to go to her based on the Brown Formula. What percentage does she get of his retirement, and for how long? He took all of the debt when they divorced and he paid 4 years of spousal support. How much does he... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 12, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Military Law for California on
Q: Is there anyway I can legally carry a Expandable Baton on my person for self defense and what would be the restrictions?

I am a infantryman in the Army.

Dale S. Gribow
Dale S. Gribow
answered on May 23, 2018

not sure

i would check with local police station but i assume it will be a deadly weapon that police would not want in the hands of a non police officer..............

1 Answer | Asked in Immigration Law and Military Law for California on
Q: Could I become a US citizen through the military?

I came to the United States when I was 5 (currently 17) and wanted to know if I could become a citizen through the military.

Carl Shusterman
Carl Shusterman
answered on Apr 16, 2018

You could if you are a lawful permanent resident of the United States.

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

2 Answers | Asked in Bankruptcy and Military Law for California on
Q: If I am Active duty military, am I exempt from the means test for bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Mar 23, 2018

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... Read more »

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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
PREMIUM
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 Divorce and Military Law for California on
Q: My soon to be ex husband of 35 years retired as an 0-6. All of his service was while married. I was awarded half

the pension but now that he's gotten a VA rating of 80%, am I negatively affected? If disability is not a marital asset or is not "disposable", am I protected? Someone said I'm okay as long as his rating was over 50%. And I'm a veteran myself but never believed if you... Read more »

William N. Sosis
William N. Sosis
answered on Jan 23, 2018

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... Read more »

1 Answer | Asked in Federal Crimes, Legal Malpractice, Military Law and Municipal Law for California on
Q: Is pepper spray illegal? If not then what other legalities are connected to it? Aka subdivisions.

Subdivisions...age of consent

possible prior conviction...

Does it depend on whether indoors/outdoors etc.

William John Light
William John Light
answered on Jan 10, 2018

Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear...
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2 Answers | Asked in Criminal Law and Military Law for California on
Q: I am being accused of sexual assault in the Navy. I am currently being investigated and may face a court martial.

Should I retain a civilian military attorney to assist me at this point in time? I do not know if I will be charged with a court martial, but these charges were filed over a year ago and they claim they have been investigating ever since. Recently they told me that I was being officially... Read more »

William Mihrtad Paparian
William Mihrtad Paparian
answered on Sep 16, 2017

Yes, your definitely should retain civilian counsel because you could be facing criminal charges "in town" if this alleged

assault occurred in the CONUS. You should not be answering any questions about the allegation before you have consulted with an attorney. And talk about the...
Read more »

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2 Answers | Asked in Military Law for California on
Q: I divorced my husband 15 years ago. He just retired from the military - am I entitled to any of his pension?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on May 16, 2017

What did the court order in your divorce say re: split of his pension? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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1 Answer | Asked in Military Law and Criminal Law for California on
Q: My boyfriend is in the military he is 19 and im 16 is it legal for us to have sex
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Apr 27, 2017

Sex with a minor is statutory rape.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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1 Answer | Asked in Employment Law, Education Law and Military Law for California on
Q: Am I eligible for Readmission to my University after serving in the Army 1y?

I had official military orders to report to a Army base, for 8 months. Upon arrival back at my University the school stated I would have to reapply because on my form requesting a leave of absence, my GPA was 1.03 before heading to the military. But according to:... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Apr 14, 2017

Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.

See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
Read more »

1 Answer | Asked in Military Law for California on
Q: For a DUI do you go to civilian court?
Robert Donald Gifford II
PREMIUM
Robert Donald Gifford II
answered on Mar 31, 2017

Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a... Read more »

1 Answer | Asked in Military Law for California on
Q: Can I quit delayed entry program for army?

I was going to join the army reserve after I graduated from high school. I changed my mind during the DEP. I want to quit but I had done all my tests and signed contracts. Can I quit right now? What should I do?

Robert Donald Gifford II
PREMIUM
Robert Donald Gifford II
answered on Mar 25, 2017

I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would... Read more »

1 Answer | Asked in Civil Rights, Domestic Violence and Military Law for California on
Q: I need assistance with filing a Civil Harassment Restraining order against my sister-in-law. How can I get assistance.

I am 100% disabled and she harassed me and I feel unsafe in my own home. She's also antagonizing my nine year old son and he is afraid of her as well.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Mar 12, 2017

See the free court forms on the CA courts website: http://www.courts.ca.gov/1044.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Medical Malpractice and Military Law for California on
Q: would you be able to assist me with finding out which codes would be appropriate for my case?

this is about a malpractice suit; regarding a circumcision that was preformed on my infant son.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Mar 9, 2017

You can research such laws for free at your local law library. Many medical malpractice lawyers handle such cases on a contingency. You may want to contact one. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... Read more »

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