Military Law Questions & Answers by State

Military Law Questions & Answers

Q: Can an 18 year old Marine get in trouble for getting both a 17 year old and 16 year old pregnant?

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for Michigan on
Answered on Oct 9, 2016

So you want to get him in trouble out of revenge? That vindictiveness is short-sighted. How will he support his two illegitimate children without a job?
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Q: Is there a law or rule stating national guard members get 24 hours before returning back to work from training?

1 Answer | Asked in Employment Law and Military Law for Rhode Island on
Answered on Sep 19, 2016

That is an excellent question. Here is a link to some of the NATIONAL GUARD/ ARMY Regulations to help you get started on your research.. (116 Pages)
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Q: I'm in military fiancée has primary residency what restrictions are there from us leaving New Jersey with her daughter

1 Answer | Asked in Child Custody and Military Law for New Jersey on
Answered on Sep 12, 2016

It is not a question that can be simply answered in an online forum. You need to meet with an experienced matrimonial attorney and bring in all your documents to be reviewed, so that you can be given meaningful advice. Good luck.
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Q: Im in the military and stations in NC but my hometown is in Alabama.

1 Answer | Asked in Divorce, Domestic Violence and Military Law for North Carolina on
Answered on Sep 1, 2016

Depends on Alabama law. If you OR your spouse have resided in NC for at least 6 months and you have been separated for at least one year, you are likely eligible to file here in NC and it would likely be much less expensive. Our firm handles uncontested divorces for a total of $395 which often works out to be less than you could do it yourself. Feel free to contact us if you have other questions.
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Q: I am experiencing dress symptoms from zyprexa and want a lawsuit do you know anyone who takes these lawsuits

1 Answer | Asked in Products Liability and Military Law for New Jersey on
Answered on Aug 11, 2016

I assume you've spoken with your doctors and are no longer on it.Much will depend on how long your symptoms last.If by "dress" symptoms you mean depression I doubt that most attorneys would take the case as depression can arise without any drugs and it'd be viritually impossible to show that depression was caused soley by a drug. Otherwise look for members ot the NJ Assn for Justice who handle drug litigation.
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Q: Where can a 17 and 15 year old couple run away legally without any trouble?

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Military Law for Tennessee on
Answered on Aug 8, 2016

If the question is "where, " then the answer is NEVER. A minor can't give consent. Rather than "run away" perhaps you should try filing a lawsuit asking the Judge to declare you (each of you will have to file separately) "emancipated." In other words, A Judge ( and only a Judge ) can declare that you can be considered an adult, even though you are still under 18. You have to convince the Judge that you are mature enough to take on adult responsibilities ( running away is not a good idea if...
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Q: If on active duty can you be served for a civil law suit in nc

1 Answer | Asked in Car Accidents and Military Law for North Carolina on
Answered on Jul 16, 2016

Your lawyer can still make the claim. The soldiers sailors relief act doesn't mean you don't have a claim. Use the time to adequately document your injuries. The insurance company doesn't want to keep it open forever--they will settle.
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Q: Has there been a lawsuit against the US Army over the legality of the 2014 Officer Separation Board for Majors?

1 Answer | Asked in Gov & Administrative Law and Military Law for Colorado on
Answered on Jul 10, 2016

You question is reasonable and very clear (a rarity). Unfortunately, I am not aware of any lawyers at Justia that have extensive knowledge of military law (98% of all law schools don't offer classes on military law). You can try Avvo (again, lawyers familiar with military law a few and far between in the civilian world). For a definitive answer you will need to contact a local lawyer with experience in military law. Many attorneys offer free consultations; if not, your case can be carefully...
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Q: Does the SCOTUS have jurisdiction over the military courts? Could SCOTUS move sexual assault cases into civil court?

1 Answer | Asked in Constitutional Law and Military Law for Ohio on
Answered on Jul 5, 2016

That's a rather complex question as jurisdiction would depend upon how the case arrived in the Supreme Court and what constitutional issues are implicated. The short answer, however, is that SCOTUS will not decide sexual assault cases are to be decided in civil court.
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Q: Looking for information

1 Answer | Asked in Juvenile Law and Military Law for Ohio on
Answered on Jun 3, 2016

No. The only automatic emancipation in Ohio is turning 18.
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Q: I'm military, divorced.I'm the cosigner on a vehicle,she's planning to file bankruptcy.Does that affect my credit?

1 Answer | Asked in Bankruptcy, Military Law and Divorce for Virginia on
Answered on May 10, 2016

You are, unfortunately, still on the hook for the loan until it has been refinanced. Her entering Bankruptcy may very well negatively impact you. The terms of your divorce may aid you in resolving this matter, but you will need to hire Counsel on this one.
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Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?

1 Answer | Asked in Family Law and Military Law for Virginia on
Answered on Apr 20, 2016

While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar with how military service affects custody and family issues. Good luck to you.
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Q: MILITARY / UCMJ QUESTION If a sailor is found guilty of a charge in a general court martial, and handed a NO punishment

1 Answer | Asked in Military Law for Florida on
Answered on Feb 28, 2016

Military attorneys generally do not participate on this website. I suggest you contact your local JAG office as soon as possible.
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Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?

2 Answers | Asked in Criminal Law, Juvenile Law and Military Law for Virginia on
Answered on Feb 11, 2016

There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500 fine. It sounds like your BAC of .007 is below that. I would recommend talking to an experienced criminal defense lawyer because you may have some defenses to this charge.
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Q: FALSELY ARRESTED on 1-14-16 at J E B Fort Story because I asked a question ! Her words " DISORDERLY CONDUCT !"

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Answered on Jan 28, 2016

You should not discuss any more details about your case on this or any other public website. Anything you say here is not protected and could be used against you. You should consult with a criminal defense attorney in your local jurisdiction to confidentially discuss the specific facts and circumstances of your particular case.
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Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?

1 Answer | Asked in Employment Law, Military Law and Traffic Tickets for Missouri on
Answered on Jan 20, 2016

This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell them you have received a citation.
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Q: Is there a way to apply to remove condition on my green card early? or any other options?

1 Answer | Asked in Immigration Law and Military Law for Illinois on
Answered on Jan 19, 2016

You can get a re entry permit which will allow you to stay out of the US for 2 years without abandoning your green card. Being a green card holder for one year might make the removal of conditions petition a little hard but you should talk to an attorney to get you started with the procedure as soon as possible so you can get it approved before your husband leaves to korea. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney...
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Q: Are you allowed to apply for a us passport as soon as you get your citizenship or is there a wait time?

1 Answer | Asked in Immigration Law and Military Law for New Jersey on
Answered on Jan 3, 2016

Once you get your certificate of citizenship at the ceremony for citizenship, you can immediately apply for a passport in fact they give you the form to get one when you go for your naturalization ceremony. Good Luck
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Q: Does enlisting in the Army National Guard at 17 emancipate a child from his parents?

1 Answer | Asked in Family Law, Juvenile Law and Military Law for New Jersey on
Answered on Dec 8, 2015

Despite his enlisting in the Army National Guard, he is not automatically emancipated. You need to retain an experienced matrimonial law attorney, who will bring an appropriate motion before the Court. Good luck.
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Q: Is there a way to get out of the army national guard without penalties and it stuff being put on my record??

1 Answer | Asked in Military Law for Nebraska on
Answered on Nov 9, 2015

You need to have a full discussion with a local military law attorney.
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