Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. The point everybody misses is the the 2nd Amendment was created so citizens could defend themselves ...

    Answered almost 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

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

    Answered about 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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  3. The DoD overpayed my husband for a few months after his deployment from which he returned due to illness. Now three years later,

    Answered 5 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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  4. What are my rights as a spouse of an active duty army member???

    Answered almost 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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  5. 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 about 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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  6. UCMJ & Court Marshal ? Active Duty E5 11 years time in service - Options to fight ?

    Answered over 1 year 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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  7. Can A sgt tell my husband i cant move to the state he is currently stationed in???is it llegal?

    Answered about 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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  8. What would should I expect if I am getting discharged from the military, the navy to be exact for failing fitness tests?

    Answered 3 months ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Rixon Charles Rafter III
    4. Patrick J. Mclain
    5. Michael J Berens
    5 lawyer answers

    1. The first step would be to make efforts to pass. 2. If you are having problems make sure you get a referral to medical to determine if there are medical reasons inhibiting you. That should have been a requirement at some point. 3. If the failure is not related to misconduct, you will likely get an honorable.

    6 lawyers agreed with this answer

  9. Is it unfair punishment for the first sergeant to make you right a 5,000 word paper and have it do in 1 and 1/2 days.

    Answered 6 months ago.

    1. Philip Douglas Cave
    2. Daniel Lee O'Neil
    3. William Emil Cassara
    4. Harris Justin Brumer
    5. Sherilyn Ann Epperson Bunn
    6. ···
    6 lawyer answers

    This not punishment. In the Navy we call this Extra Military Instruction (EMI). It is intended to be a learning tool for you. Someone didn't get to see the doctor that day because you had an appointment scheduled. If you needed the appointment, then you have been delayed in getting any necessary and required medical attention, which might impact you own ability to perform the mission.

    6 lawyers agreed with this answer

  10. Can a judge in any judicial process under any circumstance change a charge not brought by a prosecutor or Employer YES or NO how

    Answered 10 months ago.

    1. Philip Douglas Cave
    2. Christine C McCall
    3. Benjamin S Kuipers
    4. Rixon Charles Rafter III
    4 lawyer answers

    Not sure of the question. Judges don't make "charges." A prosecutor does in a criminal case. An agency does if it is about a violation of a law. And there are other situations.

    6 lawyers agreed with this answer

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