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Donald George Rehkopf's Answers
- 107 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Court appearance ticket issued for petit larceny while on probation."...soooo is gusted, HELP!
You have 2 issues - the probation issue and the larceny issue. You really need to work with your lawyer on both of them. If you haven't notified your PO about this yet, have your lawyer do so for you, because if you don't they'll no doubt add a "technical" charge of not reporting the arrest. You need to get all of your documentation together for your lawyer - s/he MIGHT be able to work out a "package deal" that covers both issues AND keeps you out of jail. Make sure that you sign a release...
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3
Attorney answers:
What is a field grade article 15-6 investigation and what are possible consequences under military law
Run, don't walk to the closest Army Trial Defense Services [TDS] office and talk to an Army Defense Counsel. Do NOT agree to talk to anyone, your First Sergeant or the AR 15-6, Investigating Officer [IO] about any of this, without having a Defense Counsel to assist you. You could also be court-martialed depending on what the IO recommends! Don't presume that they - chain of command - are your friends, they are not under these circumstances!
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2
Attorney answers:
What type of lawyer do I need?
First, while the media may be an option, it is a very poor one which will accomplish nothing (even if anyone in the media is interested) except to further antagonize your chain-of-command. You need to consult with someone experienced in both military law in general and medical discharge boards in particular. There are a number of former military lawyers in your area. Contact the Texas Bar Association's Lawyer Referal Service at: http://www.texasbar.com/am/template.cfm?section=home...
4 lawyers agreed with this answer
3
Attorney answers:
A question about the 4th Amendment of the United States Constitution
First of all, any experienced attorney would begin by reviewing what the Lease says about the landlord's ability to enter, inspect, monitor etc. the dwelling. Then, one would have to ascertain whether or not there was an actual "Warrant" signed by a Judge. If this happened to you or someone close to you, you really should contact an experienced attorney as quickly as possible. Waiting is not going to make this go away or get better. And without specifics, which should not be disclosed in...
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4
Attorney answers:
My car was broken in to a couple of days ago, my window was smash and my whole wallet was taken,
Unfortunately, the answer is a tad more complex than some of the responses you've received. However, due to the lack of attorney-client confidentiality on this site, information essential to adequately responding to your question isn't available. If you didn't report it to your insurance company when it happened, do so immediately - they may require a police report before they'll approve replacing the window. Second, from the language of your question, it appears that there is some "bad...
1 lawyer agreed with this answer
1
Attorney answers:
How is a general discharge from the air force going to affect my life
Good question. I am assuming that you have a JAG Defense Counsel at the Area Defense Counsel's office. I am also assuming that your commander decided to discharge you - and there can be multiple reasons for that, and it should be on your "Notification" paperwork informing you why he or she is recommending you for discharge. Remember that you are being discharged with a General Discharge (under honorable conditions). Depending on how long you have been on active duty, it MAY affect some of...
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1
Attorney answers:
I am a divorcee of an Air National Guardsman and I am to recieve some of his retirement pay. How do I start the process?
Unfortunately, there is no easy answer here. You need to go back to your divorce lawyer [yes, I realize that this is going to cost you money], and s/he needs to obtain a certified copy of the Divorce Decree from the Court that divorced you which contains your retirement entitlements, that then needs to be served upon the appropriate military "Defense Finance and Accounting Service" [DFAS] office and find out what other information they require to begin your allotment. There is a DFAS office...
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3
Attorney answers:
Is there a grievance/action to invoke release from military service if you have been held beyond your ETS date?
First of all, do you have any time "owed" on your Military Service Obligation [MSO]? For enlisted members, that is normally 8 years, but can be extended by virtue of certain schools / courses attended, PCS moves etc. If not, then you are "eligible" for separation, but not necessarily entitled to it. The military can - as you've found out - involuntarily extend your enlistment for a number of reasons, one of which is to investigate alleged misconduct. When does your current enlistment...
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4
Attorney answers:
Military divorce
You really need to retain a local attorney who has experience in military divorces. As the prior poster notes, there are numerous issues / hurdles that you must overcome. You don't say how long you were married to him, how long he's been in the military, etc., things that are important in ascertaining if you have any entitlements. I would start by contacting the NC Bar Association's Lawyer Referral Office: http://www.ncbar.org/public-pro-bono/lawyer-referral-service.aspx Tell them...
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2
Attorney answers:
I was dishcarged with an other than honorable discharge from the Army. Is there any way to get my discharge upgraded
Generally - there are some exceptions - you must seek correction of your military records within 3 years of the "event." In your case, 3 years from the date you separated. This is a complex area and to answer your question properly, a lawyer would have to know why you were discharged in the first place, what (a) your military record was before then; and (b) what you have done to "rehabilitate" yourself since then. Also, if you did not have a lawyer to assist you in the discharge process,...
4 people marked this answer as helpful