I am a soldier who got a DUI at the gate to the installation. That was over a month ago and my unit still does not have the evidence from the PMO to start the packet for an ART 15 or chapter. Is there a certain period of time they have to do somet...
Two years for Art. 15.
Five years for Court-Martial.
Can I make another appeal? Would it be to the Army Board of Corrections? Or would be other type of appeal? It was for promotion and backpay.
Your fling in Fed. Dist. Ct. or the Court of Claims depends on what the error is you allege and whether or not it includes a money claim, and the amount involved.
Keep in mind there is a statute of limitations. Don't wait, ask a lawyer rather than chatting here.See question
Despite notifying the chain of command and discussing with IG, nothing is currently being done to look into the situation in regards to violating strict policy contained in a military regulation. There has been significant attempts to seek resolu...
You can file a complaint under Art. 138, UCMJ. Although some Services effectively put that in the IG column.
You can write to your congressperson. Be careful what you write and do not share it on social media or with anyone other than the commander.
You say "discussing with the IG," by which you mean what? You filed a complaint, or you didn't file a complaint but discussed it. The IG actions depend on whether they have an official complaint. If your local IG isn't interested you might try a higher level IG (for example DOD IG).See question
soldier also given 14/14
Well if the suspended reduction is from an Art. 15, the person is entitled ton continue wearing the E4 rank and be paid at that rank.See question
This question isn't related to any legal issue just generally curious about the current status of the law. Salinas says people must actually invoke the privilege in voluntary non-custodial interrogation otherwise their silence can be used as evide...
An interesting question.
It's not police questioning. So the Fifth doesn't apply.
If it's undercover, the Fifth probably won't apply there either.
You are asking a question abut evidence rules rather than the constitutional issue of invoking the right to silence when confronted by law enforcement.
Could a prosecutor offer a statement you made when challenged by a private citizen? So a friend or neighbor thinks you committed a crime and point-blank asks you if you did it, and you admit you did, and that comes to the attention of the police. Yes, that may be admissible as a statement of a party--you. A statement made by an accused about something relevant to the charge would not be hearsay under the Federal Rules of Evidence (FRE 801). So the question would be whether other evidentiary rules prohibit the use in trial. Could a prosecutor offer testimony about your physical reaction when confronted? Maybe so under the FRE?
Keep in mind that a person cannot be convicted on their uncorroborated statements alone, so there would be other hurdles for a prosecutor to clear.
A defense attorney should certainly challenge the use of the testimony. But there is a good chance it would be admitted.See question
continue recieving my bah and in return I cover our current bills (which also includes her bills) and nothing more for 6 months and watch the dogs until she finds a place. If an agreement is written up showing what the conditions are, will it be a...
You can receive more detailed legal assistance on this from the Legal Assistance office at Fort Bragg (or Pope). They don't charge fees and should be able to help sort this out.
The LO can help get the agreement notarized and ensure it is in a proper and legal form.
Living off base is a matter of rank and status. You should check this with the LO first, and then possibly with the 1SG.
That's a start.See question
First section of the 14th amendment where it speaks about the jurisdiction thereof
The 14th applies throughout the United States and applies to the States.
Each state also has their own constitution. Sometimes a state constitution creates greater rights to a person in the state, and sometimes the State Supreme Court interprets their own constitution more favorably than the US constitution might.
I retained an attorney named Steve Forbes for $5000.00 who was working on two cases with me and one was on a percentage basis. Just after starting the case Steve called me into the office and said he was withdrawing from both cases. He said I co...
Yes. Check your written agreement.
My agreements always include a provision to bill at the hourly rate for actual worked performed when an agreement and representation is terminated, even if it is a flat fee agreement. Look for something like that.
Talk with you new attorney. It might be possible for him to resolve this informally.
If not, then i have linked to the VA Bar for more information.
How difficult would it be for a junior officer to have a bad OER removed or fixed? Also, what will happen if the ABCMR orders the army to fix or remove my OER? Who will make me a new OER and how? How this works?
Did you ask for a commander's inquiry?
Did you submit an "appeal" through the OER system?
When was it issued?