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Texas Military Law Questions & Answers
1 Answer | Asked in Military Law for Texas on
Q: Can tax problems from before you were in the military affect your standing in the service?
Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

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... Read more »

2 Answers | Asked in Military Law for Texas on
Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

- is that true?

Patrick Korody
Patrick Korody answered on Mar 14, 2017

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.

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1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?
Patrick Korody
Patrick Korody answered on Feb 7, 2017

The age of consent under the UCMJ is 16 years old. However, state law would also apply.

1 Answer | Asked in Military Law for Texas on
Q: Does a person facing a court-martial have the right to an attorney?
Patrick Korody
Patrick Korody answered on Feb 3, 2017

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.

1 Answer | Asked in Military Law for Texas on
Q: If I need to be represented in military court, can I use a regular attorney or do I need a JAG officer?
Patrick Korody
Patrick Korody answered on Feb 3, 2017

You can use a civilian, but the rules and practice is substantially different. You would be well-served to have a civilian attorney with former JAG experience.

1 Answer | Asked in Criminal Law, Family Law and Military Law for Texas on
Q: Wife charged with assault with a deadly weapon on me from a mental breakdown. Shes been gone 3 months. What now? Help?

Okay. This was due to a mental break that actually gave her symptoms of serious mental disorders. The thing is, ive known my wife my WHOLE life. Weve grown up together, and I know her very well. The incident that accrued was certainly not by her negligence or free will. But, State takes over and... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 9, 2015

It takes many months to resolve criminal cases. You have done what you can do for now. See if you can get permission to go visit her from your superiors.

1 Answer | Asked in Military Law for Texas on
Q: If you commited a felony while active duty. Get out with benefits, do you & your family loose all military benefits?

Arrested after out of military but commited crime while still a soldier and active duty.

Philip D. Cave
Philip D. Cave answered on Apr 2, 2015

You military benefits are based on the discharge you received, independent of the conviction.

If you got an Honorable then you get all of your benefits. A general you get most, except education and home guarantee. With an OTH its harder to have any benefits.

1 Answer | Asked in Military Law for Texas on
Q: Does a Trial Counsler have to review personnel files(counselings, evaulations,etc)an investigator before a court martial

Does a Trial Counsler have to (or have the right) to review personnel files (counselings, evaultions, etc.) prior to a court martial for a subject that was interviewed and processed by that investigator?

Bradley M. Glaze
Bradley M. Glaze answered on Apr 26, 2011

There are a few words and phrases that you use that really need defining to provide you with the best answer to this question, but I'll give you my opinion, based upon what is asked here. As with all of the answers provided here, this answer does not constitute legal advice, and you should... Read more »

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