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Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?
2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More 
answered on Feb 8, 2025
1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.
2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More
I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More
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answered on Jun 26, 2024
This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:
1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies... View More
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?
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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... View More
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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
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
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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
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
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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... View More
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
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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
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
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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
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?
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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
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?
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
I received a court summons on 4/3/2025 regarding a credit card debt amounting to over $10,000, and I'm scheduled to report to army basic training on 4/23/2025. I haven't made any attempts to resolve the debt yet. Should I notify my army recruiter about this summons in addition to... View More
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answered on Apr 8, 2025
You should notify your recruiter about the summons for credit card debt. Being transparent about this situation is important as the military has specific regulations about financial responsibility. The recruiter may need to document this issue, and it’s better to address it now rather than have... View More
I asked my medical marijuana doctor for a letter stating I no longer need to use medical marijuana for military purposes. The letter included three symptoms added without my knowledge or approval, which I was told were necessary for the medical marijuana card but affect my military qualifications.... View More
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answered on Apr 8, 2025
You may have grounds for concern regarding the added symptoms in your medical marijuana record, especially if they were included without your knowledge or consent. If the doctor added symptoms that were not part of your original diagnosis, you could argue that this was a mistake or... View More
I am stationed on a military base and am experiencing harassment from my LPO, who has expressed a clear intention to target me for administrative separation. I have reported the issue, but my claims were not believed. There have been no conversations with legal personnel, and I am unaware of any... View More
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answered on Mar 23, 2025
The legality of recording conversations on a military base exists in a complex space between federal wiretapping laws, state consent laws, and military regulations. Your situation involves multiple layers - while federal law and many states allow "one-party consent" recording (meaning you... View More
The law was changed to read the last discharge must be honorable. ** When was the law changed?** He was enlisted then commissioned and while enlisted received 2 honorable DD 214's. A commissioned officer cannot receive a dishonorable discharge only can be dismissed. Anyway he is entitled to... View More
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answered on Aug 21, 2024
Your friend is likely eligible for VA benefits, even with the last discharge being a dishonorable one. The specific rule change you’re referencing, which affects VA benefits based on the character of the last discharge, does not necessarily bar someone from benefits if they have multiple periods... View More
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answered on Jul 28, 2024
Whether you receive 50% of your ex-husband's military retirement pay depends on several factors, including the length of your marriage overlapping his military service. Typically, the "10/10 Rule" applies, meaning you must have been married for at least 10 years, with 10 years of... View More
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
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.
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/
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.
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.
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
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
“ 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.
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... View More
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