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Florida Military Law Questions & Answers
1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

James L. Arrasmith
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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: When is a DA Form 3881 (rights warning procedure/waiver certificate) required in conjunction with a DA Form 2823?
James L. Arrasmith
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answered on Mar 26, 2024

When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More

2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

Rod Caruco
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answered on Feb 29, 2024

From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of...
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2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

James L. Arrasmith
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answered on Mar 1, 2024

It sounds like you've been through a tremendously difficult situation, dealing with abuse from your ex-husband and feeling unsupported by the military. It's unfortunate that despite your efforts to seek help and provide evidence, you weren't believed or supported by the authorities.... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, you must be 21 years old to purchase a handgun from a licensed firearms dealer. However, federal law allows individuals aged 18 to 20 who are serving in the military to purchase handguns from licensed dealers. This means that as a member of the Florida National Guard, you may be... View More

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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

James L. Arrasmith
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answered on Dec 4, 2023

Under Title 10, Section 246 of the United States Code, the unorganized militia is composed of individuals who are at least 17 years old and, except as provided in Section 313 of title 32, not more than 45 years old, and are citizens or have made a declaration of intent to become citizens. It... View More

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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2023

The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are... View More

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2 Answers | Asked in Gov & Administrative Law, Military Law and Criminal Law for Florida on
Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.

I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps?

James L. Arrasmith
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answered on Sep 11, 2023

The process of expunging an arrest record can vary significantly based on jurisdiction, the nature of the offenses involved, and other factors.

In general, to pursue expungement, you would likely want to take the following steps:

Review your Eligibility: Different jurisdictions have...
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3 Answers | Asked in Criminal Law and Military Law for Florida on
Q: In Florida, can a National Guard commander have a warrant put in for my arrest if I don’t show up for Annual Training?

Can a National Guard commander have a soldier arrested for not showing up to Annual Training orders? Haven’t been able to find any answers on AWOL in the 2022 FL Statutes.

James L. Arrasmith
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answered on Jun 18, 2023

Yes, a National Guard commander can initiate a warrant for your arrest if you fail to show up for Annual Training. Under federal law, failure to report for duty or unauthorized absence from the National Guard can be considered a violation of the Uniform Code of Military Justice (UCMJ), which is the... View More

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1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

1 Answer | Asked in Military Law for Florida on
Q: Is it legal for the VA to keep my entire disability pension check to satisfy a debt they determined I owe. I can't live
Gregory M. Rada
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Gregory M. Rada
answered on Sep 16, 2022

You can request to be put on a payment plan by calling VA at 800-827-0648 or by going to this website: https://www.va.gov/manage-va-debt/

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
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answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... View More

1 Answer | Asked in Military Law for Florida on
Q: There is a Florida statute that says all able-bodied citizens of this state are in the militia. Is there an age range?

“ The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.” Does this mean that there is no defined age range? I’m 15 years old, and I’m curious if I’m legally part of this militia.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 1, 2022

Florida Statute 0.02 Militia.— (the statute from which you have quoted) provides that

(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens. ... ".

Correct. There seems...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: No Prior Criminal Record a Disabled Veteran with PTSD and Mild TBI served in Combat after september 11. Honorable

Charged with F2 Laviscious battery in Florida. Met person in an adult website that promised is only adults within their regulations. Person faked age and mother pursuing for this veteran to be charged. I did not know.

Henry George Ferro
Henry George Ferro
answered on Jan 4, 2022

First thing for you to do is to hire a competent and aggressive criminal trial lawyer...and refrain from discussing the facts of this case on the internet...These charges are extremely serious and you are facing severe consequences if convicted. My former partner, Bruce Lehr, is a very effective... View More

1 Answer | Asked in Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... View More

Tami Lane Augen
Tami Lane Augen
answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... View More

1 Answer | Asked in Products Liability and Military Law for Florida on
Q: I am a living parent of a veteran that was heavily exposed to Agent Orange on Vietnam he has 4 other children who was or

He was named in a class action suit that was settled after he died and at the time all the children were minors and we never married. How can they find out what happened to this money that they should be entitled too.

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2020

I'm very sorry for your loss and your family's loss. This is something that the military law attorneys or veteran's benefit's attorneys here would know the most about. But you await a response for two weeks. There is a nonprofit organization that deals with veteran's rights... View More

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan
answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... View More

2 Answers | Asked in Divorce, Family Law and Military Law for Florida on
Q: What can my girlfriend do if her husband doesn’t want to get a divorce and he is blackmailing her to stay with him?

My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2020

Get her an attorney.

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