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Military Law Questions & Answers

1 Answer | Asked in Criminal Law and Military Law for Georgia on

Q: Is it possible for a felony I recieved in the military to be expunged?

The felony is premeditated attempted murder.

Ecleynne Mercy answered on Apr 2, 2019

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 »

1 Answer | Asked in Constitutional Law and Military Law for Utah on

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 »

Mike Branum answered on Mar 14, 2019

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 »

1 Answer | Asked in Criminal Law and Military Law for Washington on

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?

Greg Freeze answered on Mar 1, 2019

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#...
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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.

Tim Akpinar answered on Feb 16, 2019

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 »

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on

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 »

Ali Shahrestani, Esq. answered on Feb 4, 2019

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...
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1 Answer | Asked in Contracts, Products Liability, Business Law and Military Law for Pennsylvania on

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.

Peter N. Munsing answered on Feb 4, 2019

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.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on

Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law

Tim Akpinar answered on Jan 24, 2019

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 »

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on

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

David Edward Boyle answered on Jan 22, 2019

If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on

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 ?

Kelli Y Allen answered on Jan 22, 2019

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.

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on

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 »

Richard Samuel Price answered on Jan 16, 2019

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 »

1 Answer | Asked in Employment Law and Military Law for Kentucky on

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

Robert Donald Gifford II answered on Jan 15, 2019

You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

1 Answer | Asked in Military Law for California on

Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?

Steven McNicholl answered on Jan 9, 2019

In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.

1 Answer | Asked in Military Law for Texas on

Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?

Angelina Bradley answered on Dec 18, 2018

Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

1 Answer | Asked in Military Law for California on

Q: Can I be discharged from military service because of a cancer diagnosis?

Angelina Bradley answered on Dec 6, 2018

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 »

1 Answer | Asked in Military Law for Indiana on

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?

Angelina Bradley answered on Dec 3, 2018

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...
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1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on

Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?

Timothy Denison answered on Dec 3, 2018

Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

1 Answer | Asked in Family Law and Military Law for Ohio on

Q: If I joined the military at 17, am I emancipated in the state of Ohio?

Joseph Jaap answered on Dec 3, 2018

Not necessarily. See this link for information.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

2 Answers | Asked in Employment Law and Military Law for New York on

Q: Do I have to provide my LES to my civilian employer after each drill?

I’m in the national guard. I’ve always submitted my orders and a “did preform” letter from my unit signed by my rediness NCO but now my employer wants my LES.

V. Jonas Urba answered on Nov 27, 2018

Have you asked HR why they need it? There might be a very legitimate reason and if they are requiring that from all reservists why object? If you needed a workplace accommodation and your employer kept requesting more and more clarification from your physician would you not have to provide that;... Read more »

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1 Answer | Asked in Military Law for Maryland on

Q: Joining the Army, but bump in the road. What should I do? Please read carefully

When I was 18 I tried to join the Navy. At the time, I was prescribed to Adderal. The military requires a waiver form in order to allow people who had ADHD to join. However, my Navy Recruiter at the time KNEW this and said “don’t worry, it’s just extra paperwork, if they ask you anything you... Read more »

Joseph D. Allen answered on Nov 15, 2018

It wouldn't help anything to lie about the previous incident. If you know the name of the Navy recruiter, it is odd that they can't find him/her. However, it is very unlikely they would support your story and admit they told you to lie, even if they found them. What doesn't add up here is why... Read more »

1 Answer | Asked in Military Law for Texas on

Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?

Angelina Bradley answered on Nov 2, 2018

What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and... Read more »

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