Military Law Questions & Answers by State

Military Law Questions & Answers

Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?

1 Answer | Asked in Criminal Law and Military Law for New York on
Answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.
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Q: Class C felony forgery keeping me from enlistment of military

3 Answers | Asked in Criminal Law and Military Law for Arkansas on
Answered on Sep 30, 2017

If you get a pardon from the governor you might be able to reenlist, otherwise you would need to do a writ of error coram nobis because it has been so long.

A writ of error coram nobis is available for addressing certain errors that are found in one of four categories:

(1) insanity at the time of trial,

(2) a coerced guilty plea,

(3) material evidence withheld by the

prosecutor (or other government actor), or (4) a third-party confession to the crime...
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Q: Bad Background check.

1 Answer | Asked in Insurance Bad Faith, Criminal Law and Military Law for Missouri on
Answered on Sep 28, 2017

The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but you can apply and all they can say is "no."

You may want to have an attorney make the application for you - generally, well-organized, concise arguments for removal have the best success rates....
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Q: Will my naturalization be denied due to breaking the law when I was under 18? Can I reapply if I join the military?

1 Answer | Asked in Immigration Law and Military Law for Florida on
Answered on Sep 25, 2017

Thank you for your question.

You need to consult with an immigration attorney, but it sounds like the charges were dropped. Without knowing all the details in the case, however, it is really hard to tell what the impact on your application would be. It is likely that it would have none, because of the decision not to prosecute; however, depending on the circumstances, an adjudicator could determine that you have not shown yourself to be a person of good moral character for the five...
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Q: Custody issues in Michigan while father is in military

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Michigan on
Answered on Sep 24, 2017

Do you have a current custody order? Depending on what is really going on (I'm quite frankly astonished that a 5 year old could weigh 210 pounds), this could present substantial cause to warrant a custody change. If you don't have a custody order, you need to make that happen. Being in the military, you'll need a custody order to secure benefits and pay for your child.
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Q: As a widow of a 100% disabled veteran, I want to know my rights as my husband died without a will.

1 Answer | Asked in Military Law, Estate Planning and Probate for Texas on
Answered on Sep 19, 2017

Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a...
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Q: Is parole in place for military families still available to apply for as of september 2017?

1 Answer | Asked in Immigration Law and Military Law for Oregon on
Answered on Sep 18, 2017

As long as he is on active duty, you can still apply for parole in place.
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Q: I am being accused of sexual assault in the Navy. I am currently being investigated and may face a court martial.

2 Answers | Asked in Criminal Law and Military Law for California on
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 allegations with anyone.
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Q: Will a POA Delegation of Power from biological mother or a child granting guardianship to someone else transfer custody

1 Answer | Asked in Child Custody, Family Law and Military Law for Alabama on
Answered on Sep 16, 2017

Don't confuse child custody with a temporary guardianship. You can't transfer custody of a child from a parent to someone else without a divorce or child custody case. You can go to the Probate Court and establish guardianship wherein a parent gives another person the ability to care for a child while the parent is unable to. You can't draft a power of attorney -- or any other document which I suppose you got off the internet -- which will grant legal custody from a parent to some other person....
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Q: General Court Martial sentenced me. How can they then subject me to and admin board who issues a harsher sentence?

1 Answer | Asked in Military Law on
Answered on Sep 10, 2017

A conviction at GCM would likely be a "serious offense" for purposes of administrative separation. Since it is "administrative" vice "judicial" there is no double jeopardy. I agree with you - separation at an admin board seems unfair if you made it through a GCM without a punitive discharge. There are ways to win at an admin board after a conviction - hire a civilian lawyer or make sure your JAG has a strategy for the board.
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Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?

1 Answer | Asked in Family Law and Military Law for New York on
Answered on Aug 23, 2017

This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent, thus no larceny of BAH. There may be a separate crimes such as false statements, but that would require an in-depth review of the case.
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Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.

1 Answer | Asked in Military Law for North Carolina on
Answered on Aug 23, 2017

Yes - you cannot be involuntarily administratively separated after your EAOS absent a voluntary extension or agreement (like a separation in lieu of trial by court-martial). If you are not discharged at your EAOS, then you need a lawyer. if you were smart, you would have requested GCMCA review of your adsep to slow down the process. The could always prefer charges for court-martial and place you on legal hold.

Also, though there are requirements for separation, the 10 day letter is a...
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Q: Separated early to join reserves, never got orders for reserve unit, been a 5 years, can I still get my DD214?

1 Answer | Asked in Contracts and Military Law for Ohio on
Answered on Aug 18, 2017

Talk to the VA to try to find help. Check their web site.
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Q: Would use of military recruit traing Discipline fall under child abuse for mental and physical

1 Answer | Asked in Criminal Law and Military Law for Georgia on
Answered on Aug 10, 2017

Never heard of that, since the military does not take children. Plus, the contract for joining the armed services MAY protect the government. Additionally, the concept of sovereign immunity also gives the government protection from being sued.
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Q: Can I mount emergency lights in my POV only lights non sirens. I'm military police and just wondering if I can.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Military Law for Arkansas on
Answered on Jul 27, 2017

Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.
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Q: What are my 2nd Amendment rights with Article 128 GCM conviction AND an Honorable discharge? GCM was 2005.

1 Answer | Asked in Civil Rights, Constitutional Law and Military Law for West Virginia on
Answered on Jul 27, 2017

If you were taken to a General Courts-Martial (not a Special, Summary, or Article 15), then you have a felony conviction. That conviction will prevent you from ever possessing a firearm or ammunition. Possession of such is a federal (civilian) offense and a crime in all state jurisdictions.
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Q: Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?

1 Answer | Asked in Military Law for North Carolina on
Answered on Jul 27, 2017

He can, but it will take a doctor's work up on it. He may be given a waiver, but if the heart condition is dangerous and makes him non-deployable he will likely be discharged.
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Q: Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from

1 Answer | Asked in Family Law and Military Law for Alabama on
Answered on Jul 27, 2017

It is very specific to what your decree says. If it says until he turns 19 and living with the custodial parent, then you will. You may want to have an attorney look at your decree.
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Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.
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Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?

2 Answers | Asked in Military Law for New York on
Answered on Jul 25, 2017

He should hire an attorney to defend him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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