I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?
Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set...Read more »
If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You...Read more »
Since you are able to do research, you should also consult 19.2-61 and 18.2-420.2 - while you can give consent in VA as a one party consent state, there are stricter guidelines if this is a telephone conversation versus an in person conversation and whether or not that type of evidence can be used...Read more »
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.
My tenant and her daughter were the original signers for a lease signed in November of 2016, they signed for a 2 year lease that would of ended on November 2018. The mother recently married in March of 2018, and she immediately wanted to add her husband to the lease. I added him to the lease, and... Read more »
They have paid the apartment complex the full amount for June but has to leave on the 7th. The apartment complex is trying to say that they cant prorate it. I have read the information on the Military and breaking a lease. It said that the lease is to be prorated. So just to double check I am... Read more »
I recently separated from the navy (March 23 to be exact). It was an admin separation and I didn’t have a for sure final day so there was no way for me to give a 30days notice. I brought my orders to Remax Alliance and they informed that even though I was moving out on the 16th I would have to... Read more »
I was diagnosed with an abnormality in my lungs 1 year and 2 PRTs before i was separated from the military due to PRT failures. I was not given a Medical Review Board and was given a no PT chit without a expiration date on it. This was after i had re-enlisted for 6 years i am now separated with 80%... Read more »
This a complex issue - I have fought it before. You can apply to the Board of Corrections alleging that you should have been, based on your condition, referred to the PEB, and ask them to refer you to the PEB. If you get to the PEB, the PEB will determine whether you are fit or unfit and should...Read more »
My navy command seized notebooks of mine (not really legally), and haven't said they found anything they were looking for. They turned the situation over to ncis, and I signed a release for them to search my house and my computer. Didn't find anything. I was told my notebooks would be... Read more »
Me and my battle buddy got in trouble for vaping in the barracks and we both recieived a recommendation for ucmj on Friday. However he left this Monday on the 17th of April, today is the 18th and leave the 21st I just want to know if they will pull my orders to leave! We are in AIT
It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
Difficult time with GM Financial honoring this program for service members. The program is supposed to be an on and off process for Active Duty and for Reserve Component who is call back to active duty. They are saying because I bought the a vehicle using there financing in an active duty status... Read more »
If you are on active duty, you are entitled to military legal assistance services. Go see the base legal assistance office to review your case. If you are entitled to the reduced rate, the base legal office will draft a letter on your behalf.
I am a military member (in Virginia) renewing a lease under the Rental Partnership Program (govt offers landlord priority recommendation and positive endorsement in exchange for 5% rent discount to military members). Leasing agent and I agreed upon specific terms and signed a Letter of Intent to... Read more »
Generally, a letter of intent is not a binding contract. In addition, it sounds like if the landlord had not signed the lease with the terms that your proposed, the landlord did not make a formal commitment but the lease was still subject to further negotiation.
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.
I am trying to enlist in the Navy and since I am a single mother, I would have to give up custody of my child. I would like to give up custody to a family member, but I am concerned that my child's father may try to prolong the process. He was convicted of felony child abuse and has no custody... Read more »
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...Read more »
Fell asleep at a red light, failed field sobriety tests, blew a .007 at station but I'm 19 charged with DWI . I'm an active duty marine , already got NJPd for it .military is also making me go to alcohol classes. This is my first offense . Is there anyway I can get out of this without to... Read more »
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...Read more »
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...Read more »
I'm in the military and have been going through a pretty nasty divorce. It's take over a year to get finalized and it's finally over. My ex wife extended the process in order to try and increase the alimony in the divorce agreement and keep insurance benefits as well as stay in the... Read more »
You need to stop posting things on the internet and go to speak with a criminal defense attorney in your area. Do not speak with anyone else about this, and get copies of all the posts she has made on social media about this to take to the attorney. The attorney will be able to have a full...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.