Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Is it against military law for active duty service members to operate their own business on the side?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Harris Justin Brumer
    3 lawyer answers

    It can depend at times on the business. Also check your service regulation on whether you need permission similar to rules on moonlighting.

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  2. Is there an area of law, named administrative law,that concerns itself with a medical professionals reputation (emphasis added)?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Christine C McCall
    3. D K Kevin Dugan
    4. Craig Marc Rappel
    4 lawyer answers

    Confusing. Administrative law would deal with administrative hearings such as those where a medical care provider is being recommended for a loss of licence or limits. But "administrative law" is a generic phrase to cover the practice and procedure before an agency, for example a licencing agency.

    6 lawyers agreed with this answer

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  3. If you're in the military and accused of a crime do you have the right to know who the accuser is?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Steven P. Shewmaker
    4. John Daniel Hafemann
    4 lawyer answers

    Retaliation for using the IG, Congress, or Art. 138 is a crime, and is prohibited by statute. You should monitor for this and it can be a separate cause for complaint. It is not unusual for investigators in the very early stages to disclose little about a complaint. At some point they will have to disclose the full nature of the accusations. Until then you should remain silent and not make any statements to anyone about this, and you should get a lawyer and tell the investigators/command...

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  4. The point everybody misses is the the 2nd Amendment was created so citizens could defend themselves ...

    Answered about 2 years ago.

    1. Zachary Douglas Mayo
    2. Robert Pecco Baker
    3. John Paul Thygerson
    4. Rixon Charles Rafter III
    5. Christopher S Ison
    6. ···
    6 lawyer answers

    Yes and no.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is pro se litigant communication with opposing counsel confidential? What laws come into play (Florida)?

    Answered over 2 years ago.

    1. Robert M Chambers
    2. Philip Douglas Cave
    3. Paul Y. Lee
    3 lawyer answers

    No it's not confidential. That is the same if it were a statement made to the opposing counsel by your own lawyer if you had one. A good reason to have a lawyer of your own is advice on what should or should not be said to the other side.

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  6. The DoD overpayed my husband for a few months after his deployment from which he returned due to illness. Now three years later,

    Answered 11 months ago.

    1. Philip Douglas Cave
    2. Ryan Sweet
    3. Drew Norman Early
    3 lawyer answers

    If there is a valid debt yes. THere is a way to contest the validity of the debt, which should be in the package your received, or to seek a waiver of indebtedness. But to do either you have to arrange payments with them and start the payments. You should at least consider a waiver request. http://www.dfas.mil/debtandclaims.html

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  7. What are my rights as a spouse of an active duty army member???

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. William Emil Cassara
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    Your rights would be the same as any other person who wants a divorce. You are entitled to some support money so long as he is in the military. If he doesn't cooperate then you can report that to his commander. You can report the abuse to Army CID on post at Fort Lee. You can also get free legal assistance for general information about divorcing from the base legal assistance office at Fort Lee.

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  8. What are my rights as a separated vet who is owed over $3000 from DFAS? I've stressed every avenue aside from contacting REP.

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Sarah Jessica Farber
    3. William Emil Cassara
    3 lawyer answers

    I think your next step is to file a claim, beginning with DOHA.

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  9. UCMJ & Court Marshal ? Active Duty E5 11 years time in service - Options to fight ?

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Kelvin P. Green
    3. Andrew David Cherkasky
    4. Gerald Richard Healy
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    Yes there was likely an error in how the flag was handled. Especially because it appears he was able to PCS in the face of a (likely) non-transferable flag. Also, it does appear she had no basis to flag him, so there may be a "complaint," there and that may have some impact on the other issues. It will depend on how they intend to take disciplinary action what his rights are. It's not clear what his breathalyzer level is? It will depend on which equipment they used. I have had some success...

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  10. Can A sgt tell my husband i cant move to the state he is currently stationed in???is it llegal?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Daniel Nelson Deasy
    3. Stephen Clark Harkess
    4. Christopher Daniel Leroi
    4 lawyer answers

    That sounds like an unlawful order and not something "his sergeant" can order anyway. He should file a complaint with the Army Inspector General, AFTER he first brings it up with his First Sergeant and Commander. He should use the chain of command initially. As part of working his way up the chain he should ask for a written counseling statement as to the supposed reasons for this order. If he gets no response from the command, then it's time to go to the IG. He should also go to the Base...

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