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Donald George Rehkopf

Donald Rehkopf’s Answers

190 total


  • Can the Army force me to extend my contract for deployment?

    My ETS date is October 26, 2015. my unit is scheduled to deploy during the Febuary-March time frame. My unit is telling me that I have no choice but to extend for the deployment. Every time I seek advice I am told the same thing, "Extend for 90 da...

    Donald’s Answer

    It's a bit more complicated and would require reviewing your enlistment/re-enlistment paperwork. Basically, when you enlisted, you enlisted for a period [set by law] of 8 years, of which you agreed to serve X years, e.g., 3, 4 or 5, on Active Duty. If you have not completed your initial 8 year enlistment, they can legally extend your ETS date up until that point, so your current ETS date is irrelevant. If you have completed your 8 year commitment and are on a subsequent enlistment contract, that will govern. Get all of your enlistment paperwork together and go to the Legal Assistance office on post. If you are deployed when your ETS hits, you will be extended until your redeployment and transition periods are complete. Good luck.

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  • What is likely when an officer with orders to be involuntary separated fails a random ua 3 weeks before outprocessing?

    The results are not back but will likely be positive. The separation is for non select and the discharge is to be honorable prior to this.

    Donald’s Answer

    It depends on how many years of commissioned service the officer has first of all. If less than 8 years, the officer is most likely to be "flagged" and put on legal hold. At that point probably an GO Article 15 for illegal drug use will be given, and if accepted by the Soldier, the discharge will no doubt be rescinded and then a new one for drug abuse substituted with less than an honorable being given. But, again, it first depends on the results and when they come back. But, I'd retain a competent/experienced military defense counsel to form an attorney-client relationship ASAP so as to be able to prepare for the various contingencies.

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  • Hello, The Indiana Courts (Elkhart Superior) have violated the constitution I believe. I have been denied a lawyer

    Elkhart Co Superior court has denied me a lawyer. I am disabled and cannot work at the present time. I asked 3 times for a lawyer, and it was taken up for advisement by the title IV D magistrate. I am sentenced to work release on October 29th o...

    Donald’s Answer

    Who was your lawyer before you were sentenced? That would be the first person I'd contact. Secondly, contact the Elkhart County Public Defenders office about having a lawyer. Finally, if they cannot help you, contact the ACLU of Indiana. Have you tried working out a payment plan on a weekly or monthly basis? The bottom line is that it is unconstitutional to imprison someone who cannot pay a fine. You'll need a letter from your doctor however, saying that you are presently disabled, why and that you cannot do any work and whether or not this is a temporary or permanent issue. Good luck.

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  • Military/ Is an ex-wife entitled to back retirement pay if the divorce stipulated that she must herself file for her share?

    Military/ Divorce indicated that wife must file for her share of the serviceman's retirement. Serviceman retired in October 2013, notifying ex-wife. Ex-wife then waited ten (10) months to file but started collecting as soon as the paperwork was ...

    Donald’s Answer

    No competent attorney can answer your question without reading your divorce paperwork, to include any and all property settlements and the Divorce Decree. You should talk to the attorney who represented you during the divorce or take your paperwork to the closest Military Legal Assistance Office. Without seeing the language either agreed to or ordered by the Court, any other answer would be pure speculation and do you no good. Good luck.

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  • I have been called by a CID agent who is investigating me about something from a few years ago. I am retired from the military.

    I told him that I do not want to meet with him without the advice of an attorney. What kind of attorney should I be looking for to represent me?

    Donald’s Answer

    As another poster noted, you need someone experience with military criminal law or commonly referred to as military justice from the Defense side of things. As Mr. Cassara pointed out, since you're retired, and CID is investigating this, it most likely involves something that allegedly happened before you retired. You didn't say how long you've been retired, but there are statutes of limitations to be aware of. The attorney should also be experienced in civilian criminal defense issues because the CID could in fact turn the case over to the civilians if they feel it's more appropriate.

    Bottom line, do NOT talk to CID without talking to a lawyer in detail about this. Even if you have to pay for a longer consultation, consider the money an investment in yourself! Good luck!

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  • CID involvment from this forum

    What is the level of service involvement from this site? I am concerned about CID, NCIS, or OSI type investigations because of UCMJ questions? I am not under investigation but want to ask a few questions and have concern about them phishing the s...

    Donald’s Answer

    This is a PUBLIC forum and nothing on it is legally privileged, which means if found, it could be used. Military Investigators routinely "troll" various social media sites looking for information or "dirt" on people. Even when they don't do that, most military prosecutors have them or their paralegals do so. If you're Army, go to the Army Trial Defense Services [TDS - Army defense counsel] at Bragg, or if Air Force, go to the AF Area Defense Counsel's office on the Pope Field side of things. I would NOT even try to do it anonymously, because they could always subpoena the digital records from AVVO and trace you.

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  • Is there a statute of limitations on a Veterans Constitutional Rights ?

    As a victim of financial fraud. Police misconduct and obstruction of Justice. Negligent Legal malpractice and violations of my rights as a victim of crime . Is there any hope for me ?

    Donald’s Answer

    First of all, members of the US Armed Forces do not have all of the same Constitutional rights that "normal" citizens have, e.g., your First Amendment rights are more limited and what is a "reasonable search" under the Fourth Amendment is different in the military. There are limitations on suing the government, e.g., for legal malpractice - a Notice of Claim must first be filed under the Federal Tort Claims Act, which is a complex process to do it right, and there is a 2 year statute of limitations. Find a lawyer who handles Federal Tort Claims and discuss it with him/her. As a victim, you may be entitled to restitution if the time limit hasn't passed.

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  • Will another state extradite for traffic violations?

    Got a few traffic tickets for no insurance, expired reg and failure to show proper reg. I already had a few continuances, we came to an agreement to either have the $997, total of all three tickets paid by Oct 7th or 30 days in jail. I lost my job...

    Donald’s Answer

    You should have had a lawyer before you entered into the "agreement." Now that you're unemployed, contact the local Public Defender's Office - they may either get you an extension to pay or revise your payment plan. While it is illegal to incarcerate someone who is financially unable to pay a fine, unfortunately, it happens far too often.

    Talk to a lawyer ASAP and work this out - you don't need this on your record.

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  • What kind of lawyer can help me with this issue?

    I re-enlisted in the navy and got a tax free bonus of $26000. 6 months later I was diagnosed with migraines and placed on medication which disqualified me from my job. After being turned down for another job in the navy I was discharged. A few mon...

    Donald’s Answer

    Well, it may be too late at this point to do anything about it. You should have received a notification that if you disputed the debt, where to mail your objections. However, without reading the paperwork that you actually signed for the bonus, i.e., your re-enlistment paperwork, it is impossible for any attorney to answer your question accurately.

    Good luck.

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  • Civil: What constitutes a Post-Trial Motion? Is there a compiled list of such? The judge solicited from the parties a ...

    stipulation on the day of the jury verdict that post-trial motions, if any, be filed within 30-days of civil trial verdict which was on August 29th. It appears Memorandum of Costs, Motion for New Trial, & Filing an Appeal (all of which I intend ...

    Donald’s Answer

    You don't specify if this is in State or Federal Court, but it sounds like a state court proceeding. And, you need to talk to someone licensed to practice law in California because if the Notice of Appeal is jurisdictional and cannot be extended, if it's not filed, it's almost impossible to get around that. If there is a Legal Aid office near you, contact them to see if they can assist and some Bar Associations also provide volunteer attorneys to answer questions such as yours.

    Good luck.

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