Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or...View More
A crime was committed against me in 2006 on a aircraft carrier stationed in Norfolk Virginia. it involved theft of funds several thousand dollars by a known shipmate. I was interviewed by JAG and NCIS and the shipmate was special court martial. At the time the carrier was deployed to the middle... View More
To obtain records related to a crime committed against you in the Navy, you can start by contacting the Naval Criminal Investigative Service (NCIS) and requesting a copy of the investigative report. The NCIS is responsible for conducting investigations into criminal matters involving members of the...View More
The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing...View More
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...View 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...View 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...View 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... View 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... View 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... View 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%... View 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...View 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... View 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... View 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... View 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... View 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...View 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... View 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...View More
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