Skip to main content
Philip Douglas Cave

Philip Cave’s Answers

1,998 total

  • Is there a conflict of interest if the prosecutor's investigator is having relations with my cousin?

    I have recently discovered that my cousin whom I live with has been having a sexual relationship with the investigator for the prosecutor's office. There are currently two cases pending against me. I happened to have her tablet (with permission) a...

    Philip’s Answer

    I rhink Mr. Cameron offers good advice.
    It seems to me that there is certainly the potential for bias if the investigator becomes a witness. I suspect the IN rules of evidence have something similar to the federal rules and of all states which allow impeachment of a witness by showing bias or a motive to lie. That might be one of the "frogs" Mr. C. alludes to. In which case there's a tactical consideration.
    I'd be interested in knowing whether the prosecutor is aware of this as well. Does the prosecutor know and condone? Could that be a frog which has the prosecutor croaking in court when challenged?
    But, best to follow your lawyer's guidance.

    See question 
  • Attorney misconduct

    Regarding possible attorney misconduct- I know that I can report this incident to the bar association, but am wanting to know if it is worthy of reporting-from an ethical or other point. And 2nd question, what is the likelihood of consequences for...

    Philip’s Answer

    I do security clearance cases so I'm familiar with the process of addressing, rebutting, or contesting a denial/revocation.
    An attorney can submit papers on behalf of the client/applicant.
    In that submission, as I often do, the attorney can attach statements of the client or explain what the client wants to say to the CCF.
    The attorney may make reasonable assertions based on the "facts" told by the client or others, or based on physical evidence.
    I'm not sure this is a case of the attorney lying. Rather it may be a case of the reliability of what he's being told and from which he prepares a presentation. Of course, if the attorney knowingly makes a false representation that's wrong and subject to potential disciplinary action.

    See question 
  • How can defeat an admin separation

    I am being processed for admin separation for a pattern of misconduct. 1st njp was drinking underage and larceny for breaking a lock. to give people back there stuff from a guy that was being kicked out for spice. the 2nd njp was drunk and disorde...

    Philip’s Answer

    Based on the above they can process you for a pattern of misconduct as well as commission of at least one serious offense.
    It depends on what type of discharge they are seeking. If it is a General, then your rights are limited to submitting a written statement to the separation authority requesting retention or an Honorable. If they are seeking an OTH, then you would have the right to a board hearing at which you could be represented by a military law at no cost or hire a civilian. You might be able to negotiate a board waiver, but you'd need a lawyer's help to do that.
    If you are at Cherry Point, Lejeune, you have a legal office there that can be consulted.

    See question 
  • Does an other than honorable discharge show up on a background check, criminal background check, etc

    i recieved an oth 3 years ago and im about start nursing school. i will disclose my oth, i am just curious if it will pop up on a check. The reasoning for my oth is not relevant to anything nursing.

    Philip’s Answer

    The OTH won't normally. But if there was a CID investigation and you got Titled, that will possibly show up as an arrest (and that's where your OTH might show up).
    I've advised a number of providers about these issues, primarily for licencing and credentialling. The bottom line is to be honest and be prepared with a credible explanation of the underlying reasons for discharge, what you've done to ensure something similar never happens again, etc.

    See question 
  • I am in the Navy. 2yrs now and before I joined I got arrested for a DUI and navy doesn't know, I never got charged.

    What will the navy do? I have a court date soon and I don't want it to affect my navy career.

    Philip’s Answer

    You have other problems as well if you have submitted an application for a security clearance and did not declare this issue.

    See question 
  • Once a soldier receives retirement orders can he be chaptered for failing a APFT?

    my soldier has 18 yrs in and he is retiring under qmp. basically he can do his 20 but he is done after that.

    Philip’s Answer

    They can Chapter him. But it seems unlikely if they've already QMP'd him.
    Separations based on AFPT can actually be quite complex and time consuming.
    If he makes an effort to try and perform, do some remedial PT and such, they may be satisfied and just let him finish his time.

    See question 
  • Should I tell my chain of command that I submitted an application to the board of corrections for records?

    Also, what happens if they disagree with my request? Can they call or do something about that? I am concern about this situation.

    Philip’s Answer

    No. You are not required to route it through them.
    They cannot call the Board.

    See question 
  • Who can see my military OMPF restricted file documents?

    Can employers that required top secret security clearances see my military restricted documents from the OMPF?

    Philip’s Answer

    The employer won't but the DOD CCF (Army Division) will get to see or know about a lot.
    You have many questions that require honest answers on the SF86. And the SSBI for a TS/SCI is very very intrusive.
    If there is a ding in your record, I have found that there often ways to deal with that in the SF86 or the clearance interview that can resolve or minmize records problems.

    See question 
  • There was a commanders inquiry that my chain of command ordered against my commander for making jokes for a soldier's mental

    health condition and for hazing in the Army. Can the soldier know the result of that investigation? Its been a few months and no update. What is supposed to happen?

    Philip’s Answer

    Once the investigation is complete you may be able to get a copy under the Freedom of Information Act.

    See question