Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Can an admission from a text get you convicted on drug charges?

    Answered 7 months ago.

    1. Emmanuel Valerio Tipon
    2. Philip Douglas Cave
    3. David Paul Morgan
    4. Rixon Charles Rafter III
    5. Richard V Stevens III
    5 lawyer answers

    They need to corroborate your "confession." That they came looking for you and decided to search your phone may be an indication that there is corroboration out there either from a witness or a search or a failed urinalysis. Is not cranberry juice a so-called diuretic used to help avoid a positive urinalysis. However, you should not put anymore information on this open forum. That could be a problem if they go looking and searching Google. Get in touch with a lawyer who is familiar with...

    7 lawyers agreed with this answer

  2. Just how long can the time between an incident and a article 15 reading be?

    Answered 11 months ago.

    1. Philip Douglas Cave
    2. Daniel Nelson Deasy
    3. Timothy James Bilecki
    4. John Daniel Hafemann
    4 lawyer answers

    The time limits for Art. 15 is two years from the date of offense. The time limit for court-martial is anywhere from five years to never depending on the offense. You have not been found guilty, only your commander can do that at the hearing or a court at court-martial. Keep in mind that with all of the politics surrounding sexual assault in the military they may actually decide on a court-martial for you. Also, you may have a bar to reenlistment, again because this is a sexual "assault"...

    7 lawyers agreed with this answer

  3. Administrative hold

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Andrew David Cherkasky
    3. Matthew Scott James
    4. John Daniel Hafemann
    4 lawyer answers

    You cannot be held past your ETS, except for the purposes of court-martial or to serve a sentence imposed by court-martial. If they try to hold you you should take immediate action to contact a lawyer who can help and DO NOT sign any voluntary extension papers. They can't even hold you for the purpose of administrative elimination.

    7 lawyers agreed with this answer

  4. Why would my daughter and granddaughter not receive army medical benefits?

    Answered about 1 year ago.

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

    He may have some limited VA medical benefits if he has or is later shown to have a service connected injury. But that's it. VA benefits are limited to the former service member. Families do keep benefits when a person is retired or leaves under certain early separation programs.

    7 lawyers agreed with this answer

  5. A case or not a case?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Allan E Richardson
    3. Christine C McCall
    4. Alec Scott Rose
    4 lawyer answers

    There is a lawyer joke. Ask the same question of three lawyers each in the room with you and they will argue. Ask the same question separately and they will give you a similar answer. But, it's also not unusual to have several lawyers come to different conclusions about the merits of a case. The reasons can vary: different or incomplete facts, lack of knowledge, lack of experience, want your money, don't know and are guessing, are very good and see the forest for the trees, honest, not...

    7 lawyers agreed with this answer

  6. I am an international student, I was told at first that I could not join the military, then another recruiter told me I could.

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Alexander Joseph Segal
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. J. Thomas Smith Ph.D.
    6. ···
    6 lawyer answers

    Yes, if you are here lawfully and otherwise qualify you can enlist. Over the last ten years thousands of foreign nationals have been granted US citizenship using an expedited process by serving in the Armed Forces.

    7 lawyers agreed with this answer

  7. Received bcd(other) in spcm what are my options for upgrade?

    Answered over 1 year ago.

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

    I assume your case was affirmed on appeal. You would have up to 15 years from the date of discharge on your DD214 post-appeal in which to petition for an upgrade. It is not easy to do, especially with a court-martial conviction and BCD. Part of that will depend on what the charges were at trial, what you have done with your life since the military, and some special factors that I (and I think the Boards) look for to warrant an upgrade. Your problem my be timing probably.

    7 lawyers agreed with this answer

  8. Can the military schedule an article 32 that conflicts with the civilian and military lawyer schedule to attend the hearing?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Gerald Richard Healy
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    They will have to request a delay of the hearing. There is case law about depriving an accused of his right to have civilian counsel present, even at an Article 32 hearing. If they are smart they will all agree to a reasonable delay.

    7 lawyers agreed with this answer

  9. Fraud is rampant, in fact most so called "Courts" are not Lawful Courts and "Judges" are not de jure Judges but administrators

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. James Paul Coletta
    3. Keith G Langer
    4. Konstantin Parkhomenko
    4 lawyer answers

    Interesting points. But I think you may be on the wrong site.

    7 lawyers agreed with this answer

  10. Do I have to wait to file for divorce because my husband is deploying?

    Answered almost 2 years ago.

    1. Howard M Lewis
    2. Philip Douglas Cave
    3. Maureen Elizabeth Haas
    3 lawyer answers

    You can file for divorce. If he contests it then he can exercise his right to try and delay proceedings under the Servicemembers Civil Relief Act. You are required to disclose his military status as part of your filing.

    7 lawyers agreed with this answer

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