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Military Law Questions & Answers
1 Answer | Asked in Criminal Law and Military Law for Tennessee on
Q: My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?

I am a 62 y/o Veteran with no prior criminal record. Upon advice from my court appointed lawyer, who did not want to take my case to court.

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2020

Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is to... Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I’m trying to get into the military and 2 felonies are keeping me from it. I wanted to know even though my case is done

can I have them dropped to misdemeanors, if not what can I do?

Jonathan Blecher
Jonathan Blecher answered on Jan 22, 2020

Possibly. You’ll need a good lawyer to make it happen for you and the backing of a recruiter

1 Answer | Asked in Family Law and Military Law for Florida on
Q: Can a married military member file CS on their spouse who’s also a military member. Wife lives in AL, husband in FL?

They are still married, neither has filed for legal separation or divorce. They have 2 kids wife is Army, husband is Airforce.. wife is stationed in Enterprise Alabama but filed from Montgomery county. Husband stationed in Florida. the father pays half of daycare and provides extra money for food,... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

Child support can always be requested, even if the parents are still married. But it sounds like the jurisdiction on this case may be incorrect as child support must be filed where the paying parent lives, not where the children live. An attorney should be consulted to see if the case can be... Read more »

1 Answer | Asked in Criminal Law and Military Law for Texas on
Q: Accused of drug use military

If someone in a drug investigation, more notably someone who failed a UA or got caught in possession, says that he knows other people who do drugs or says he saw them do them and names them, can the other parties be discharged by the military or charged if their is no positive UA or they have never... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 12, 2019

This is a question of military law rather than civilian criminal law.

1 Answer | Asked in Military Law for Georgia on
Q: Can my job use my Military leave without my permission?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to provide you with an accurate answer. Please provide clarification. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Military Law and Immigration Law on
Q: I want to attend to my sons military basic train in Texas this coming December , how can I travel my GC is not aprov

I applied I-131 with my green card applications last April 29,2019.

How can I expedite the process .can I use my sons graduation as my reason to go?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You can travel inside of the United States while you are waiting for your green card to be approved. You do not need an I 131 travel authorization. The I 131 (in your case advanced parole) allows you to travel outside of the U.S. and re-enter while the process is ongoing. Since Texas is inside... Read more »

2 Answers | Asked in Criminal Law and Military Law for California on
Q: Active duty member. I was called into osi for the suspicion of violating 112 of the ucmj

It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... Read more »

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1 Answer | Asked in Family Law, Child Custody and Military Law for Arizona on
Q: What rights do I have to keep and maintain my children's military dependent ID cards?

My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary physical custody... Read more »

Mike Branum
Mike Branum answered on Oct 24, 2019

Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.

If option A is not possible, you might ask the...
Read more »

1 Answer | Asked in Civil Rights and Military Law for California on
Q: D/C'd Honorably from Navy in 1986 after confessing to ships chaplain that I was gay. Time served: 8/1985 - 6/1986.

Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"

Louis George Fazzi
Louis George Fazzi answered on Oct 18, 2019

Yes, you are a veteran. You should visit the VA's website (https://www.va.gov) to determine what, if any, benefits to which you may be entitled. Thank you for your service.

1 Answer | Asked in Military Law for Florida on
Q: I was married for 14 years with a military man, I allowed to have part of his retirement?

He when to Dominican Rep and put the divorce there and he doesn't add anything on the divorce paper, Im allowed to have some of his retirement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

You probably need to seek a modification of the DR divorce decree. For that you will need to consult an attorney in the Dominican Republic.

1 Answer | Asked in Personal Injury and Military Law for California on
Q: What kind of a lawyer should I get to sue the California Labor Board for gross mishandling of my complaint?
Dale S. Gribow
Dale S. Gribow answered on Oct 15, 2019

more info needed.

probably a labor/employment law litigator.

my concern is whether they would do it on a contingency or hourly............i suspect hourly.

the issue may be damages

1 Answer | Asked in Military Law for Arkansas on
Q: Does the misdemeanor Possession of sexually explicit digital material disqualifies me from military
Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

Speak with a recruiter. They understand what will disqualify you from military service and what will not. These requirements change overtime and sometimes they can secure waivers to allow enlistments that would otherwise not be allowed. Good luck.

1 Answer | Asked in Military Law for North Carolina on
Q: Are there any lawyers available to that deal with military law

I'm a overseas contractor and my unit is forcing me to quit my current job.

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

You could search for lawyers on this site under that category. You could conduct your own independent search, or you could check with the North Carolina Bar Association whether they have lawyer referral resources in that area. Good luck

Tim Akpinar

1 Answer | Asked in Military Law for Illinois on
Q: In search of a military lawyer
Tim Akpinar
Tim Akpinar answered on Oct 1, 2019

There are military lawyers on this site. You could use the Find-a-Lawyer tab above, you could conduct your own independent searches, or you could contact the Illinois State Bar Association to see if they have any resources that might be helpful. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Military Law for Ohio on
Q: Do the statue of limitations apply for wrongful demotion E4 to E1 while on bedrest for pregnancy and dr’s notes proof?

I was in the National Guard 2008-2011, during 2010 I was pregnant with my first child, and put on bedrest, first sgt was real difficult about it and would harass me. 2011 I unexpectedly got pregnant again and was on bed rest. I sent in my doctors notes and received nothing after, until after her... Read more »

Matthew Williams
Matthew Williams answered on Sep 24, 2019

If the statute of limitations has passed, your chances are poor to none. You should sit down with a lawyer and go through it. But the SOLs are pretty serious and there are few ways around them.

1 Answer | Asked in Military Law, Contracts and Business Law for New Jersey on
Q: Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Paul J. Riviere
Paul J. Riviere answered on Sep 19, 2019

If you have orders for either a PCS or a deployment longer than 90 days federal law, will let you terminate your lease. If this is the case just let your landlord know as soon as you can.

1 Answer | Asked in Military Law and Criminal Law on
Q: What is the procedure to file a case against Military Personnel who have broken a military law?

For a test.please be detailed

Gary Kollin
Gary Kollin answered on Aug 18, 2019

This sounds like a violation of the HOnor Code.

You are required to do the work, not asking someone else to do the work for you.

This is a public forum. I hope your instructor is not reading this

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Could VA disability be deducted if child support isn’t being paid?
Homer P Jordan IV
Homer P Jordan IV answered on Aug 12, 2019

There are some particular cases where they can garnish for child support payments, but it depends on the factors involved in the case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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