Virginia Military Law Questions & Answers

Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1 Answer | Asked in Military Law for Virginia on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
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.

See: http://arba.army.pentagon.mil/adrb-faq.html

and

http://arba.army.pentagon.mil/abcmr-overview.html

Q: Can a Virginia lease be terminated by a military who wasn't the original lessee without a Military clause?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Jul 11, 2018
F. Paul Maloof's answer
Only the lessee who is on military duty has the right to invoke such a termination provision.

Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?

1 Answer | Asked in Military Law for Virginia on
Answered on May 17, 2018
Patrick Korody's answer
You really need to talk an attorney if you are asking yourself this question. That is a lot of money to not be sure of the consequences.

Q: Does a landlord in VA have to prorate the last date for a military family that is to be deployed to Florida.

1 Answer | Asked in Landlord - Tenant and Military Law for Virginia on
Answered on May 9, 2018
F. Paul Maloof's answer
I am not sure what you mean by the "information on the Military...." Generally, any issue that deals with prorated rent for a person in the Military will be addressed in the body of the lease.

Q: What are my rights if 30 days notice wasn’t possible?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Mar 30, 2018
F. Paul Maloof's answer
It is unfortunate that the folks at Remax took that position. Your recourse would be to file a suit in court to claim that they were in error and let a Judge decide.

Q: I was discharged Honorably after 9.5 years of service due to PRT failures with a medical condition. Was it justified?

1 Answer | Asked in Military Law for Virginia on
Answered on Mar 1, 2018
Patrick Korody's answer
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 be medically retired.

Q: Military member stationed in Virginia, looking to buy a home. Will I have to pay state income tax if a resident of NY?

1 Answer | Asked in Military Law and Tax Law for Virginia on
Answered on Jan 23, 2018
Michael Christopher Miller's answer
50 U.S. Code § 4001 - Residence for tax purposes

(a) Residence or domicile

(1) In general

A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.

Q: If a military command turns over books of mine to civ law enforcement, how do I guarantee integrity and accountability?

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Answered on Nov 25, 2017
Susan Fremit's answer
I suggest you speak to a base JAG attorney where you are situated. This is not a situation where you want to go this alone.

Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?

1 Answer | Asked in Military Law for Virginia on
Answered on Apr 20, 2017
Robert Donald Gifford II's answer
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.

Q: I am in the Military and have used the SSCRA in my past deployments for many of my Creditors. I am having such a

1 Answer | Asked in Military Law for Virginia on
Answered on Mar 14, 2017
Patrick Korody's answer
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.

Q: Can an apt owner renege on agreed upon rental terms after leasing agent and renter sign tentative agreement?

1 Answer | Asked in Contracts, Landlord - Tenant and Military Law for Virginia on
Answered on Mar 9, 2017
F. Paul Maloof's answer
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.

Q: I'm military, divorced.I'm the cosigner on a vehicle,she's planning to file bankruptcy.Does that affect my credit?

1 Answer | Asked in Bankruptcy, Military Law and Divorce for Virginia on
Answered on May 10, 2016
Matthew Lane Kreitzer's answer
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.

Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?

1 Answer | Asked in Family Law and Military Law for Virginia on
Answered on Apr 20, 2016
Gary D. Godman's answer
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 with how military service affects custody and family issues. Good luck to you.

Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?

2 Answers | Asked in Criminal Law, Juvenile Law and Military Law for Virginia on
Answered on Feb 11, 2016
Kristin Paulding's answer
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 fine. It sounds like your BAC of .007 is below that. I would recommend talking to an experienced criminal defense lawyer because you may have some defenses to this charge.

Q: FALSELY ARRESTED on 1-14-16 at J E B Fort Story because I asked a question ! Her words " DISORDERLY CONDUCT !"

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Answered on Jan 28, 2016
Steve Miyares' answer
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 circumstances of your particular case.

Q: Is this feasible? Rape allegations after divorce filed.

1 Answer | Asked in Criminal Law, Divorce and Military Law for Virginia on
Answered on Aug 14, 2015
Robert Jason De Groot's answer
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 discussion with you about the issues, and will determine the best things to do at this stage.

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