Military Law Q&A by State
Your current state is Virginia
Military Law Questions & Answers
Q: A friend joined the guard a few weeks ago. Has not been to drill or basic training. She wants out because of her
Recruiter made her lie at meps and trying to date her. Now she’s being threatened with going to jail if she doesn’t come to drills or go to basic training. Can that happen?
Yes. Joining the Military is a very serious matter. Going AWOL is seriously frowned upon by the Court and Prosecutor if her National Guard Commander swears out a Warrant. She also does not want an Other Than Honorable Discharge as it will ruin her life. A Dishonorable Discharge or Bad... Read more »
Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .
I have submitted hazardous duty tax documents.
Can't tell what your question is.
Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.
Am I required to still pay the alimony as she has remarried?
This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »
Q: Is it possible for a felony I recieved in the military to be expunged?
The felony is premeditated attempted murder.
There is NO expungement of military court-martial records, even if you are acquitted at trial. Here is a recent case of a person who sought to have his court-martial conviction expunged.
The United States Department of the Navy (Navy) dishonorably discharged Jerome Randolph, the pro se... Read more »
Q: I run a charity for military families. We wear multi-cam's with our patches fully identified upon them.
We work directly with the military and members of my team are both military veterans and civilians trained alike. We have been doing this for 10 years. A group of people have gotten together to stop the work that we are doing and asked the State of Utah to have our uniforms taken off. Like the... Read more »
I can not think of a law which would allow them to take action against you to restrain you from wearing an article of clothing merely because it resembles a military uniform. To provide you with more constructive legal advice I would need more information about who "A group of people" are and what... Read more »
Q: I am researching a double murder case from 1992 involving a US Army member shooting and killing 2
Other US Army members. I can not find any information on it, why?
If you are trying to research something somewhat vague, it can be difficult to find it. If you knew who and where, that would certainly help.
You didn't say how you were researching.
Here is an interesting website that might help you in some way. cite: www.jagcnet.army.mil/ACCA#... Read more »
Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?
As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.
People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »
Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney
that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... Read more »
CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.
As for information in a background check, typically such checks uncover all arrests that are... Read more »
Q: Can I use my military ID/base access as a job recruiter or does this violate any laws regarding financial gain?
I am an Army officer, federal subcontractor and private business owner. Interested in attending school graduations at a base with the intent of hiring.
Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... Read more »
Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?
I’m currently on active duty order in a foreign country and would like to be able to buy one and have it shipped to my house
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?
My family member was recently detained by the police and he’s in the process of getting deported is there any way with me in the military do anything to help? If so what should I do ?
Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.
Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits
His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't know... Read more »
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was... Read more »
Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.
Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.
To see how it applies to you, consult with a family law attorney.
Q: Can I be discharged from military service because of a cancer diagnosis?
If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the... Read more »
Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.
More likely is that they’ll administratively separate you, asking for... Read more »
Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.
Q: If I joined the military at 17, am I emancipated in the state of Ohio?
Not necessarily. See this link for information.
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
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