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Philip Douglas Cave’s Answers

Philip has answered 1,583 questions

  • Can i get dui in nj with bal of .79

    Asked by a user in Manahawkin, NJ - almost 2 years ago.

    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...

    9 lawyers agreed with this answer

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

    Asked by a user in Arlington, VA - over 1 year ago.

    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...

    7 lawyers agreed with this answer

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

    Asked by a user in 32204 - about 1 year ago.

    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...

    8 lawyers agreed with this answer

  • Join the military

    Asked by a user in Long Beach, CA - over 2 years ago.

    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....

    8 lawyers agreed with this answer

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

    Asked by a user in Modesto, CA - 3 months ago.

    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...

    8 lawyers agreed with this answer

  • 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

    Asked by a user in Adelanto, CA - 5 months ago.

    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...

    8 lawyers agreed with this answer

  • 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?

    Asked by a user in San Antonio, TX - over 1 year ago.

    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...

    8 lawyers agreed with this answer

  • Driving under the influence with a child?

    Asked by a user in Fort Hood, TX - over 1 year ago.

    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...

    8 lawyers agreed with this answer

  • Is AWOL a federal crime? or only within the military?

    Asked by a user in Federal Way, WA - over 1 year ago.

    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...

    8 lawyers agreed with this answer

  • How do I fight my military discharge?

    Asked by a user in Jacksonville, FL - over 2 years ago.

    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...

    8 lawyers agreed with this answer