Angelina Bradley's answer 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 an attorney.
There’s not enough information here to know what service an attorney would provide. Discharge characterization upgrade? Records correction? You — or better, your son — are...
Angelina Bradley's answer The Uniform Code of Military Justice provides for specific instances when the code would apply to civilians. As a general rule, that civilian would need to be serving alongside the armed services (e.g. as a contractor). It's more likely that the Military Extraterritorial Judicial Act would apply for civilian misconduct.
Angelina Bradley's answer I see this as an Anti-Deficiency Act problem. If you feel strongly about it, contact your local Trial Defense Services office or Area Defense Counsel, and ask them to assist you in raising this issue to the command's JAG or IG. Listen carefully to the advice they provide you about going down that road prior to taking action.
Angelina Bradley's answer The Service Member's Civil Relief Act provides protections for deployed service members. You should head to your local base legal office to get assistance on how to invoke her rights under the SCRA. Most courts near military bases have a panel of pro bono attorneys who do this work.
If you can't get assistance that way, reach out to me directly and I'll see if I can connect you to a Texas lawyer.
Robert Donald Gifford II's answer Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is appointed as a Special Assistant U.S. Attorney and are normally just misdemeanors. Some bases will handle DUIs of service members thru the chain of command (UCMJ or administrative punishment). Some Air bases have...
Patrick Korody's answer Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is generally based on need and ability to pay. if the need and ability to pay has changed, a modification may be warranted. You should consult with a divorce attorney in the state/city where the divorce...
Patrick Korody's answer This is a very complex issue that I see all of the time. I am not a Utah lawyer - you need to speak to a Utah lawyer who has substantial experience in military retirement, how it is calculated, and how the it can be divided by a Utah court. Generally, different laws apply on whether the language was following a mediation/consent agreement or if the judge came up with it in an order following a trial. The specific language of the provision also matters. Chances of getting it thrown entirely...
Kiele Linroth Pace's answer Go to the Sheriff's Office in the county where this happened and ask to file a complaint. The complaint will probably be reviewed by a detective who will decide whether there is Probable Cause to seek an arrest warrant.
Peter N. Munsing's answer The estate would have a right to bring suit under the Federal Tort Claims Act. Contact a member of the Texas Trial Lawyers Assn who handles death cases involving the military. They give free consultations.
Terry Lynn Garrett's answer Whether you need to go to court to probate your husband's estate in an heirship proceeding or can file an Affidavit of Small Estate (available on your county probate court's website or from the court) depends on what your husband left. In Texas if he left no debts other than those secured by real estate, a home, no more than $60,000 in household goods and personal effects and no more than an additional $75,000 (for example, in bank accounts), you can file an Affidavit of Small Estate for a...
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...
Robert Donald Gifford II's answer Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.
Robert Donald Gifford II's answer Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most importantly you should be candid on the SF-86. Failing to provide complete and truthful information will only create more problems for you later.
Patrick Korody's answer Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.
Patrick Korody's answer The military will provide a JAG at no charge for a special or general court-martial. You also have the right to hire a civilian counsel at your own expense. Normally, the JAG stays as well, so you have two lawyers working on your case.
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