While on terminal leave, a friend of mine was charged with simple possession of a controlled substance on a federal property and had to appear in a federal magistrate court (where it was dismissed). His command found out about the incident and put him on legal hold just a few days before his EAOS... View More 
answered on Aug 22, 2018
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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.... View More
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... View More
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... View More
I am a infantryman in the Army.
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..............
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.
answered on Apr 16, 2018
You could if you are a lawful permanent resident of the United States.
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).
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... View More
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... View More
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.
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... View More
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... View More
Subdivisions...age of consent
possible prior conviction...
Does it depend on whether indoors/outdoors etc.
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... View More
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... View More
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... View More
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... View More
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... View More
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:... View More
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... View More
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... View More
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?
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... View More
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.
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,... View More
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