Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Can i get dui in nj with bal of .79

    Answered about 2 years ago.

    1. Eric M. Mark
    2. Christopher T Campbell
    3. Joseph J Rodgers
    4. James Alexander Abate
    5. Philip Douglas Cave
    6. ···
    7 lawyer answers

    You don't mention whether you had to perform a field sobriety or other form of test before the breath test. This along with the officers observations and "experience" may well be part of the case against you.

    9 lawyers agreed with this answer

  2. I blew a 0.07 on a military base. What's next?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    1 lawyer answer

    If this is a state prosecution the command can do an Art. 15 or court-martial. If this is a federal civilian case there are some issues of double jeopardy in the Eastern Dist. of VA, based on some cases that happened a few years ago at Quantico.

    7 lawyers agreed with this answer

  3. Do prosecutors have any legal ability to do anything after a not guilty verdict?

    Answered about 1 year ago.

    1. Will Murphy
    2. Philip Douglas Cave
    3. Clifford M. Miller
    4. Stephen F Wallace
    5. David Keith Greer
    6. ···
    7 lawyer answers

    The double jeopardy clause of the Constitution prohibits a retrial in the event of a not guilty verdict. In some instances the federal government might have jurisdiction to prosecute, and the double jeopardy clause wouldn't prevent that.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Join the military

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    2 lawyer answers

    The likely answer is no. 1. You will have to get permission from your probation officer if on probation, to leave the state. 2. You have a conviction, so that in itself is likely to be a bar. 3. You are still serving your sentence and the Marines don't want someone who might get arrested and dragged back to CA after putting the time, effort, and money into training. Right now the military is undergoing a steep personnel downsizing. That means they are being much more picky about the...

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  5. What type of attorney would I talk to about getting a court martial pardoned, upgrading discharge and reenlistment code?

    Answered 4 months ago.

    1. Philip Douglas Cave
    2. Jocelyn C Stewart
    3. William Emil Cassara
    4. Gerald Richard Healy
    5. Patrick J. Mclain
    6. ···
    6 lawyer answers

    There is no expungement of a military conviction. If you did not get a BCD from your trial then you can appeal the conviction to the Judge Advocate General of the Navy. Also, you can petition the Navy Discharge Review Board. The Pardon is unlikely. Partly because you are not eligible to apply until at least five years has expired from when you completed all of your sentence. Anyway, those of us who comment here are the people you should be looking to.

    8 lawyers agreed with this answer

  6. I was charged with a felony assault with a deadly weapon when it went to court it was changed to a misdemeanor i did community

    Answered 6 months ago.

    1. Philip Douglas Cave
    2. Steven P. Shewmaker
    3. Valerie Semmes Bouffiou
    4. L. Vincent Ramunno Jr.
    4 lawyer answers

    With the current drawdown in personnel, it really doesn't matter whether this is a felony or not. The military has absolute discretion on who to enlist. Based on the nature of the arrest - assault with a deadly weapon - it is likely that they assess you to be a risk if enlisted. So, can they deny you enlistment - yes.

    8 lawyers agreed with this answer

  7. Is it possible to sue the military for a drill sgt. That physically put their hands on you while I was injured. I'm am MB out?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. Sherilyn Ann Epperson Bunn
    4. William Emil Cassara
    5. Gerald Richard Healy
    6. ···
    7 lawyer answers

    No, you cannot sue. The Supreme Court decided a case many years ago that barred suits against the military. Even as late as 2011 Congress has refused to change the "law" decided by the Supreme Court. You can report him to the CID for assault or his commander. If you are going through the medical discharge process, then you will be given a disability rating. You can go to the VA and they will at times upgrade the percentage. MEB/PEB can get a little complex. Recommend you contact Seth...

    8 lawyers agreed with this answer

  8. Driving under the influence with a child?

    Answered over 1 year ago.

    1. Jasen Bodie Nielsen
    2. Philip Douglas Cave
    3. Frank Mascagni III
    4. Bobby Dale Barina
    4 lawyer answers

    The military will likely, initially defer to the state. The military will likely have her reviewed by the Family Advocacy Committee for potential child endangerment. There is no double jeopardy for the military and the state to prosecute her at the same time. She needs a good off base civilian attorney to help. One who knows the military because there can still be other career consequences.

    8 lawyers agreed with this answer

  9. Is AWOL a federal crime? or only within the military?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. Patrick Owen Earl
    3. Adrian Martinez Madrone
    4. Thomas A. Mackin
    5. Joshua Sabert Lowther
    6. ···
    6 lawyer answers

    Yes, it is a federal crime to "harbor" or "assist" a deserter. Generally a person is listed as a deserter after 30 days and a federal arrest warrant is issue. This is so even though desertion is an instantaneous offense. So the minute a person leaves with the intent not to return they have deserted. As a practical matter a short AWOL, even if desertion is prosecuted as an AWOL.

    8 lawyers agreed with this answer

  10. How do I fight my military discharge?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Douglas L Cody
    3. Stephen P. Kelly
    3 lawyer answers

    Not sure you may not have already given up your first line. When notified of the separation proceedings you should have been told the type of discharge sought and the opportunity to talk with a lawyer. If they were seeking an OTH, then you should have been told about - and exercised -- your right to a discharge board. If it was a General or Honorable discharge, then your only right was to submit a written rebuttal. Your next step is the Navy Discharge Review Board (with about a 12-15%...

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