Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. I believe I was discriminated. Please give me an advice for what I should do now?

    Answered about 3 years ago.

    1. George Ellis Corson IV
    2. Philip Douglas Cave
    3. Rixon Charles Rafter III
    4 lawyer answers

    You cannot sue in civil or military courts. If you have sought to address this through your chain of command you can make a formal EO complaint. Your battalion has an EO counselor who can assist. He/she has various mechanisms that might help, investigations into individual cases, EO unit-wide evaluations, etc. First address this directly with him. If that doesn't work try your platoon sergeant. If that doesn't work your 1SG.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is a oral agreement about how much an attorney is going to charge you binding ?

    Answered 3 months ago.

    1. P. Michael Winget-Hernandez
    2. Philip Douglas Cave
    3. Helena Kempner Kobrin
    3 lawyer answers

    As a matter of practice it is always good to have a fee arrangement in writing or documented in some fashion. Your situation seems to fit within Mr. H-W's scenario. So take it up with him first, and then consider contacting the Bar. They may be interested if you are not the only one being affected by this practice.

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  3. Military members paying child support---are BAH and BAS calculated in child support payments?

    Answered 8 months ago.

    1. Philip Douglas Cave
    2. Ryan Sweet
    3. Cheryl L Van Ackeren
    4. Patrick Craig Lanham
    4 lawyer answers

    The basic answer is yes, Virginia considers BAH and other non-taxable pay as income for child support purposes, as do most states. This is true especially where the noncustodial parent is living alone in the barracks but drawing BAH based on a child support obligation. In considering child support in this situation the court will often consider a remarriage with additional children and step-children involved. Bu this is all part of dealing with and deciding any overall child support decision.

    3 lawyers agreed with this answer

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  4. Stopped in Emporia VA for going 83 in 70mph Zone. They Say Reckless Driving after calling court. Options.

    Answered over 1 year ago.

    1. Benjamin Pearce Titter
    2. Andrew Francis Flusche
    3. Philip Douglas Cave
    4. Kenneth William Jacobson
    5. Jonathan Preston Fisher
    5 lawyer answers

    I have always understood that over 80 or 20 over the limit is reckless in VA. http://www.dmv.state.va.us/drivers/#points_6.asp http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-862 In Virginia, a reckless driving conviction is a class I misdemeanor, so you could face jail time, suspension of driving privileges, and a fine of up to $2,500.00. Additionally, a conviction will result in six demerit points on your Virginia driver’s license. Some other states have reciprocity agreements...

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  5. Medical discharge USMC ( I did 2 years)

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. William Emil Cassara
    4. John Daniel Hafemann
    4 lawyer answers

    You have up to 15years from the date of discharge to submit for an upgrade. generally the first look is a paper review, and then you go back later and ask for a personal appearance. So you are still within the application timeline. If you were medically discharged and there was no misconduct I'm not sure why you did not get an honorable discharge to start. So it's possible with some investigation that there is a challenge based on that. You should gather all of your military records,...

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  6. Can you sue the Senate and Congress for requiring 60 votes to pass legislations? Can you sue them for enforcing the Filibuster?

    Answered almost 2 years ago.

    1. Rixon Charles Rafter III
    2. Philip Douglas Cave
    3. Harry Edward Hudson Jr
    4. James M Henderson Sr.
    5. Veleka Eskinde
    5 lawyer answers

    No. The way to get the rules changed is to vote, and hope that enough people vote for someone willing to take on a rule and get this country running.

    3 lawyers agreed with this answer

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  7. Can I sue the Navy for Vioklating the Military Whistle Blower Protection Act Title 10 U.S.C. 1034?

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. Andrew David Cherkasky
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    You should begin with a new IG complaint for the retaliation.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Am I responsible for military debt

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Kelvin P. Green
    3. John Daniel Hafemann
    3 lawyer answers

    DFAS will go after him. They will follow various procedures which could ultimately involve him becoming liable through court order. This seems something that ought to be discussed with your attorney as part of a settlement agreement and court order to be safe. Sounds like a recoupment. Here's the basics for how DFAS approaches such issues. http://www.dfas.mil/debtandclaims.html

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  9. My daughters boyfriend was formally charged with fraternization and she is under investigation.

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Gerald Richard Healy
    3 lawyer answers

    Normally fraternization becomes a big issue when there is a difference in rank, the senior is also a supervisor of the junior, and there is some impression of an adverse impact, such as a perception of favoritism. If she is punished at NJP, then it is possible this will have an adverse impact on her career, and possibly be a reason the Navy will try and administratively discharge her. Normally it is difficult to prosecute if the two persons involved do not confess and there is no other...

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  10. How do Constitutional and Procedural Errors from an arrest effect Criminal Proceedings and Trial?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. William A. Jones Jr.
    3. Mary Frances Higdon
    4. Sean Joseph Farrelly
    4 lawyer answers

    You should address these concerns directly with your counsel.

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