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Philip Douglas Cave
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Philip Cave’s Answers

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  • How long does a commander's inquiry investigation is supposed to take in the US Army?

    If I am the victim, can I know the results of the commanders inquiry? If the investigation is taking longer than expected or the results are never known, can the individual who is being affected (the victim) make a claim for failure to investigate...

    Philip’s Answer

    The inquiry can, and should take the time necessary to properly investigate all the facts and also to interview all appropriate witnesses.
    Once the 15-6 is complete, you will be able to have access and information about it.
    There are some opportunities to "complain" about a failure to investigate.

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  • Can I file for an appeal??

    I was found guilty in a jury trial but they didn't have any evidence or couldn't prove beyond a reasonable doubt that I committed the crime just used my past history to determain that I was guilty. Can I file a appeal to either lower my sentence o...

    Philip’s Answer

    Appeals can be filed so long as you follow the State statutory and court rules for the timely filing of an appeal.
    Usually the first and biggest questions are related to timing. There are usually time limits on when an appeal can be filed.
    But this really is a question better asked of the lawyer who represented you, or contact one now. Timing issues drive appeals as much as the issues. Don't delay.

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  • I need a lawyer that will take a case for negligent hiring

    Will discuss more of the case in person this person should of never been driving a state vehicle with a known record of bad driving,should have known of risk of liability

    Philip’s Answer

    Then you should search on AVVO for lawyers in your state who do tort work.
    Also, check Google and your State Bar Association to see if they have lists of lawyers who work on such issues.

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  • Can an attorney help facilitate a discharge for me from the ARMY?

    I am a captain and a dentist in the ARMY at Ft. Benning. I will have completed my active duty requirement for my HPSP scholarship in early June. I was on track to discharge when it was discovered I had not submitted my letter of resignation which...

    Philip’s Answer

    I would not expect an attorney to be able to do anything for you at this time.
    Is this a duplicate question?

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  • How long does the process takes for officer resignations in the Army? Is it even possible?

    Can an officer resign to his commission prior to finish his/her contract? Does the person need to have a reason to resign? I know that the regulation states that the discharge could be a General or Honorable. But, if the person has no prior miscon...

    Philip’s Answer

    • Selected as best answer

    It depends on the reason and how close to the end of your commitment.
    it depends on the career field and whether or not the field is overpopulated.
    Expect a recoupment of any bonuses or payback not earned.
    Have you considered a request to transfer to the Reserves?
    "I don't like it anymore' will not get a resignation approved, and will not be well received.

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  • Is it really specified on the statute somewhere the inmate is prohibited from seeing anyone under the age of 17?

    I have my brother in prison because he was found guilty of using internet to lure/seduce a "minor". This is obviously one more of these unconstitutional sex sting operations. Basically my question is : Is there anywhere in the statute for thi...

    Philip’s Answer

    This is not uncommon. These are often internal rules established by the prison. While my clients are not in Florida prisons, I'd expect it to be similar across the country.
    I have found that access to minor children is a process over time. It can depend on the prisoner's cooperation with treatment programs that are recommended or required.
    Over time, cooperation in treatment and acknowledgment of guilt lead to increased access, usually supervised.

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  • GAL report biased and full of provable errors.

    We recently had a Guardian appointed to our dissolution case. I have been without representation, my ex has had counsel. The GAL made report at a Case Management Conference that was so biased for my ex and so inaccurate as to claims I've made in w...

    Philip’s Answer

    You need to have a lawyer assist you with this. It is not something you can do alone.

    You should contact your state or local bar associations to see if they have a referral list of those who that help low-income people. Also, you might check with any local law school to see if they have a Legal Clinic for the low income.

    This is not a question that can be answered on this website.

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  • If I loose my US citizenship by joining a foreign military such as the French Legion will i be able to get it back ever again

    I currently am a US citizen that has thought about joining the French Foreign Legion due to the fact that the US military is to packed and hard to get into but still wish to have my US citizenship since i have family and love being able to do thi...

    Philip’s Answer

    And, this will cause a problem should you want to join a profession or military that requires a security clearance upon return to the US.

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