Lawyers, Answer Questions  & Get Points Log In
Virginia Military Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Virginia on
Q: Do military police count as “law enforcement”?

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?

Matthew Crowley
Matthew Crowley answered on Mar 30, 2021

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... Read more »

1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

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... Read more »

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: As a party to a conversation in the state of Virginia can i record a conversation if i have given consent to be recorded

As it pertains to Virginia Code 19.2-62 and 18 USC 251. also as it pertains to military matters not affecting national security

Shemeka C Hankins
Shemeka C Hankins answered on Feb 10, 2020

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... Read more »

1 Answer | Asked in Military Law for Virginia on
Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1st Sgt that the urinalysis batch has now come back with a tainted report. Do you think there is anything I can do.?

Robert Donald Gifford II
Robert Donald Gifford II answered on Aug 22, 2018

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.


Read more »

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Q: Can a Virginia lease be terminated by a military who wasn't the original lessee without a Military clause?

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... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 11, 2018

Only the lessee who is on military duty has the right to invoke such a termination provision.

1 Answer | Asked in Military Law for Virginia on
Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?
Patrick Korody
Patrick Korody answered on May 17, 2018

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.

1 Answer | Asked in Landlord - Tenant and Military Law for Virginia on
Q: Does a landlord in VA have to prorate the last date for a military family that is to be deployed to Florida.

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... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 9, 2018

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.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Q: What are my rights if 30 days notice wasn’t possible?

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... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 30, 2018

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.

1 Answer | Asked in Military Law for Virginia on
Q: I was discharged Honorably after 9.5 years of service due to PRT failures with a medical condition. Was it justified?

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%... Read more »

Patrick Korody
Patrick Korody answered on Mar 1, 2018

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... Read more »

1 Answer | Asked in Military Law and Tax Law for Virginia on
Q: Military member stationed in Virginia, looking to buy a home. Will I have to pay state income tax if a resident of NY?

Resident of NY, stationed in Virginia due to orders. Looking at purchasing a house in Virginia. Will I have to change residency if I purchase the home and pay Virginia income tax?

Michael Christopher Miller
Michael Christopher Miller answered on Jan 23, 2018

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...
Read more »

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: If a military command turns over books of mine to civ law enforcement, how do I guarantee integrity and accountability?

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... Read more »

Susan Fremit
Susan Fremit answered on Nov 25, 2017

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.

1 Answer | Asked in Military Law for Virginia on
Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?

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

Robert Donald Gifford II
Robert Donald Gifford II answered on Apr 20, 2017

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.

1 Answer | Asked in Military Law for Virginia on
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

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... Read more »

Patrick Korody
Patrick Korody answered on Mar 14, 2017

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.

1 Answer | Asked in Contracts, Landlord - Tenant and Military Law for Virginia on
Q: Can an apt owner renege on agreed upon rental terms after leasing agent and renter sign tentative agreement?

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... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 9, 2017

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.

1 Answer | Asked in Bankruptcy, Military Law and Divorce for Virginia on
Q: I'm military, divorced.I'm the cosigner on a vehicle,she's planning to file bankruptcy.Does that affect my credit?

Can I remove myself from the loan? Are there any military guidelines that protect me? The vehicle was purchased after the start of my service.

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on May 10, 2016

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.

1 Answer | Asked in Family Law and Military Law for Virginia on
Q: Does my ex-husband have a say in who I give custody of our child to if he was convicted of Child Abuse?

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... Read more »

Gary D. Godman
Gary D. Godman answered on Apr 20, 2016

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... Read more »

2 Answers | Asked in Criminal Law, Juvenile Law and Military Law for Virginia on
Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?

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... Read more »

Kristin Paulding
Kristin Paulding answered on Feb 11, 2016

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... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: FALSELY ARRESTED on 1-14-16 at J E B Fort Story because I asked a question ! Her words " DISORDERLY CONDUCT !"

I don't drive, I have to use cabs that have a Base pass to be allowed to drop me off at my residence On JEB Fort Story, here in Va Bch , Va.

On 1-14-16, came back from the Mall, as usual, I gave the cabbie my VALID military dependent ID to hand over to guard to scan. I expected the... Read more »

Steve Miyares
Steve Miyares answered on Jan 28, 2016

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... Read more »

1 Answer | Asked in Criminal Law, Divorce and Military Law for Virginia on
Q: Is this feasible? Rape allegations after divorce filed.

I'm in the military and have been going through a pretty nasty divorce. It's take over a year to get finalized and it's finally over. My ex wife extended the process in order to try and increase the alimony in the divorce agreement and keep insurance benefits as well as stay in the... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 14, 2015

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.