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Military Law Questions & Answers
Q: Would use of military recruit traing Discipline fall under child abuse for mental and physical
William Head's answer
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.
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.
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
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.
Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.
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
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
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.
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.
Q: Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?
Robert Donald Gifford II's answer
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.
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.
Q: Our son graduated in May, turned 18 in June. Was sworn in the military while still in high school and getting paid from
Robert Donald Gifford II's answer
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.
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.
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
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
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.
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.
Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?
Ali Ebrahimzadeh, Esq.'s answer
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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
Q: Can I join the military?
Richard Hornsby's answer
It would be up to the military branch you are seeking to join. Candidly, I think you would have difficulty joining.
It would be up to the military branch you are seeking to join. Candidly, I think you would have difficulty joining.
Q: Will I need to retain a lawyer if my husband and I are divorcing and he is active military and deployed overseas?
Juan Antonio Lozada's answer
If you and your husband agree on everything (custody of children if any and division of assets) and you have a military legal assistance office nearby you may be want to consult with them, sometimes, they offer assistance with uncontested divorces. Having your husband deployed will certainly make things harder, if you need to hire an attorney, try to get an attorney that has been in the military or is familiar with the military system, it is not always something that most civilian attorneys...
If you and your husband agree on everything (custody of children if any and division of assets) and you have a military legal assistance office nearby you may be want to consult with them, sometimes, they offer assistance with uncontested divorces. Having your husband deployed will certainly make things harder, if you need to hire an attorney, try to get an attorney that has been in the military or is familiar with the military system, it is not always something that most civilian attorneys...
Q: My daughter's father is a marine, finishing training in California, I'm curious how would a child support case proceed?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Military Law
for
Illinois
on
Answered on Jul 6, 2017
Answered on Jul 6, 2017
Juan Antonio Lozada's answer
You may not need a lawyer to ensure that your daughter's father pays child support as long as you know his unit of assignment and have a phone number to his commanding officer. Under Navy regulations (see link below) military personnel has an obligation to pay adequate support to any a dependents. You must contact his chain of command and cite the regulation below, within a week, they should call him and read him a counseling about his family obligations, during that counseling session, he...
You may not need a lawyer to ensure that your daughter's father pays child support as long as you know his unit of assignment and have a phone number to his commanding officer. Under Navy regulations (see link below) military personnel has an obligation to pay adequate support to any a dependents. You must contact his chain of command and cite the regulation below, within a week, they should call him and read him a counseling about his family obligations, during that counseling session, he...
Q: I was tried by summary court martial and received a discharge of other than honorable conditions.
Patrick Korody's answer
I don't have enough information to answer your question, but generally administrative separation (which resulted in your OTH) is considered a separate process from a court-martial. However, if the court-martial was disapproved because of a lack of evidence, for example, that could impact the equity of the administrative separation for purposes of upgrading your discharge. Given that your upgrade basis may be more than the typical "I am really a good guy and this discharge is hurting me" you...
I don't have enough information to answer your question, but generally administrative separation (which resulted in your OTH) is considered a separate process from a court-martial. However, if the court-martial was disapproved because of a lack of evidence, for example, that could impact the equity of the administrative separation for purposes of upgrading your discharge. Given that your upgrade basis may be more than the typical "I am really a good guy and this discharge is hurting me" you...
Q: want to enlist in the military, but I have a pending car accident case pending against me. Can that affect me enlisting?
Peter Munsing's answer
You should be OK. It's not a criminal charge. Do let your lawyer and company know when you are actually enlisted. Thank you for volunteering.
You should be OK. It's not a criminal charge. Do let your lawyer and company know when you are actually enlisted. Thank you for volunteering.
Q: I was wondering if an Enlisted Marine could date an officer of another branch (Army).
1 Answer
| Asked
in
Gov & Administrative Law and Military Law
for
North Carolina
on
Answered on Jun 28, 2017
Answered on Jun 28, 2017
Patrick Korody's answer
Zero chance of it being legal (for either of you) - sorry! This would violate various regulations and the UCMJ. Unduly familiar relationship b/n officers and enlisted is prohibited, no exceptions.
Zero chance of it being legal (for either of you) - sorry! This would violate various regulations and the UCMJ. Unduly familiar relationship b/n officers and enlisted is prohibited, no exceptions.
Q: Army : Transfer from Active duty to Reserve
Terrence H Thorgaard's answer
You can ask, but you don't have a legal right to do so, if that's what you are asking.
You can ask, but you don't have a legal right to do so, if that's what you are asking.
Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?
1 Answer
| Asked
in
Gov & Administrative Law, Legal Malpractice and Military Law
for
Texas
on
Answered on Jun 25, 2017
Answered on Jun 25, 2017
Juan Antonio Lozada's answer
You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. Through our export control system. Under the current export control system, three different USG agencies have the authority to issue export licenses: the Departments of State, Commerce, and the...
You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. Through our export control system. Under the current export control system, three different USG agencies have the authority to issue export licenses: the Departments of State, Commerce, and the...
Q: I have a pending lawsuit against me that my insurance taking care of. Question is, can I still enlist in the military?
Sally A. Roberts' answer
Yes, having a car accident case pending is no reason you cannot enlist in the military. Presumably the pending lawsuit is for negligence while operating a motor vehicle.
Yes, having a car accident case pending is no reason you cannot enlist in the military. Presumably the pending lawsuit is for negligence while operating a motor vehicle.
Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have
Robert Donald Gifford II's answer
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.
1 Answer
| Asked
in
Military Law, Civil Rights and Criminal Law
for
South Carolina
on
Answered on May 20, 2017
Answered on May 20, 2017
Robert Donald Gifford II's answer
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?
1 Answer
| Asked
in
Family Law, Domestic Violence, Internet Law and Military Law
for
Indiana
on
Answered on May 20, 2017
Answered on May 20, 2017
Robert Donald Gifford II's answer
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
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