Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Is a Special Court Martial conviction a felony?

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Mark S. Solomon
    3. Frank Mascagni III
    3 lawyer answers

    It will depend on whether Kentucky considers the simple use of MJ a felony. The other military offenses should be irrelevant to that consideration. Whether or not you have a felony conviction is based on a comparison with state law in your state. The forum (SPCM) is actually irrelevant to that decision. You could be convicted at GCM, but not have a felony and vice-versa.

    6 lawyers agreed with this answer

  2. I'm a veteran and military spouse. My husband was falsely arrested on base.

    Answered about 2 years ago.

    1. Stephen Clark Harkess
    2. Philip Douglas Cave
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. Christopher Daniel Leroi
    6. ···
    7 lawyer answers

    No, you cannot sue under these circumstances.

    6 lawyers agreed with this answer

  3. How can join the Marines, Army or Aviation?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Mohammad Ahmed Faruqui
    4. Seth A Director
    5. Haroen Calehr
    5 lawyer answers

    You will not be allowed to join. You must be legal.

    6 lawyers agreed with this answer

  4. My civilian wife and she's having a very explicit cyber affair with an Air Force soldier. My question is, can he get in trouble?

    Answered over 2 years ago.

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

    It is possible he might get in trouble. The AF have some very strict rules about relationships, and also about the use of IT systems and computers. You would get in touch with his First Sergeant of his unit.

    6 lawyers agreed with this answer

  5. Does it mean I have been arrested, cited, or detained?

    Answered over 2 years ago.

    1. Veronica Tunitsky
    2. Philip Douglas Cave
    3. Myron Russell Morales
    4. Andrew David Cherkasky
    4 lawyer answers

    You were interviewed as a victim/witness of a crime. You have not been cited, arrested, or detained by any definition within military law. This is a common situation where there are allegations of domestic violence.

    6 lawyers agreed with this answer

  6. Can the army with hold disabilty payments

    Answered over 2 years ago.

    1. Stephen Laurence Hoffman
    2. Michael Lynn Walker
    3. Philip Douglas Cave
    4. Wojciech Zbigniew Kornacki
    5. Judy A. Goldstein
    6. ···
    6 lawyer answers

    It sounds like there MIGHT be an issue of service connected injury. Would need to know a lot more facts. It does sound odd that they did not do a Medical Evaluation Board. His DD214 is the document he needs to go to the VA regarding medical care, assuming they gave him and honorable discharge. You need to talk with a lawyer who is familiar with military law, VA entitlements, and Records Correction issues.

    6 lawyers agreed with this answer

  7. Cleared of charges in civilian court and now military wants to charge me with the same.

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. Wojciech Zbigniew Kornacki
    5 lawyer answers

    1. The military is allowed to prosecute you at court-martial for the same charges. There is no double jeopardy because this was a state prosecution, now this is a military (federal) prosecution. 2. It sounds like you may have a defense. 3. Normally this might be a situation where it is best to refuse Article 15 and ask for a court-martial. However, that's a decision you should make after all the facts are properly evaluated by a lawyer. 4. Make an appointment with TDS to talk with one...

    6 lawyers agreed with this answer

  8. Can the army discharge a soldier for getting a DUI but not being convicted for it?

    Answered over 2 years ago.

    1. Rhidian David Watson Orr
    2. Ann Toney
    3. Christopher Daniel Leroi
    4. Philip Douglas Cave
    4 lawyer answers

    Yes they can. They do not need a conviction to process you for a "serious offense." If they try to give you an OTH you should contest that at a board hearing -- talk to TDS at Fort Carson. If they try to give a GD, then you only have the right to submit written rebuttals, again talk to TDS at Fort Carson.

    6 lawyers agreed with this answer

  9. Is it legal for the military to conduct an investigation of off-post activity of a person?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. John E. Whitaker
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. Charles Gregory Schierer
    5 lawyer answers

    If the person is a military member, yes. If they want to search off-post then they need consent or a CIVILIAN search warrant.

    6 lawyers agreed with this answer

  10. My boyfriend is in the Navy and is almost divorced. His ex is living with new boyfriend can he have sex with me without punishme

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. John E. Whitaker
    3. Dave Hawkins
    4. Thuong-Tri Nguyen
    5. William N. Chambers
    6. ···
    6 lawyer answers

    In the Navy adultery is considered an offense under Article 134, UCMJ. However, in the late 1990's they changed the "policy" on who would or wouldn't be prosecuted at court-martial or in an administrative disciplinary hearing. Now the factors to consider are what effect if any is there on good order and discipline are is the situation "service discrediting." What that generally means is that the military is most concerned with situations where the people work together or in a supervisory...

    6 lawyers agreed with this answer

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