Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. 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 11 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

  2. Are charging / indictment decisions made by one District / State / US Attorney or collectively generally?

    Answered about 1 year ago.

    1. Noah Howard Pines
    2. Joshua Sachs
    3. Daniel Nelson Deasy
    4. Philip Douglas Cave
    5. Stephen F Wallace
    5 lawyer answers

    Sounds like homework? It depends on the jurisdiction, the severity of the case, the potential publicity.

    6 lawyers agreed with this answer

  3. Is it possible to sue the military if you were denied treatment?

    Answered about 1 year ago.

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

    Because of the Fere's Doctrine and Congress's unwillingness to change that you cannot sue the military.

    6 lawyers agreed with this answer

  4. Do I need to re-register as a sex offender in the state of Nevada due to a retrial by General Courts Martial?

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. Philip Douglas Cave
    3. Michael Kevin Cernyar
    4. Andrew Stephen Roberts
    5. David Philip Shapiro
    5 lawyer answers

    You would have received notification on release from the Brig that you are required to register. It is true that the conviction is not final until all appeals are complete. However, you are still considered to have a conviction. Some states wait for completion of appeals, some don't. Those that don't have rules of getting a registration changed. So, as already suggested, contact a lawyer in your jurisdiction who has experience about registration.

    6 lawyers agreed with this answer

  5. My daughter is being discharged from the Air Force for fraudulent enlistment. Do I need to seek legal counsel for her?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Matthew Scott James
    3. Judy A. Goldstein
    4. James Evan Mackler
    5. Kelvin P. Green
    6. ···
    6 lawyer answers

    Fraudulent enlistement is an offense under the UCMJ. However, if she is being administratively separated, then no she will not have "prison time." In order for that to have happened they would have had to prosecute her at court-martial. She should have talked with a military lawyer. If being processed for OTH she had that right and the right to a hearing. One of the things a lawyer could of done/do for her is argue she should not get an OTH, but perhaps and general discharge. Depending on...

    6 lawyers agreed with this answer

  6. Can court use the evidence that was found in an illegal search to convict me?

    Answered over 1 year ago.

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

    If you believe evidence to be used against you was from an illegal search, then your lawyer can move to suppress the evidence if you have standing. If the judge agrees that the search was illegal and there were no ways that the police would have found the evidence by independent means, then yes it's likely the evidence can't be used. But there are many exceptions and reasons for exceptions. You need to sit down with an experienced attorney to go over the very specific facts.

    6 lawyers agreed with this answer

  7. Should someone lie again about not using drugs to reenlist in the military?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Gerald Richard Healy
    3. Rixon Charles Rafter III
    3 lawyer answers

    They would not get in trouble for lying on the first enlistment. But, it's possible they won't get reenlisted, and might have problems on getting a security clearance. It would depend on the drug use, and whether it was a standard situation where the recruiter encouraged the lie.

    6 lawyers agreed with this answer

  8. How do I get my entry code changed on my DD 214 if I think its incorrect?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Gerald Richard Healy
    3 lawyer answers

    There is NO automatic upgrade or change of a RE code. Administrative errors can be corrected by applying to the discharge review board or corrections board, depending on which service you were in. Not sure what a reentry code of "H" is. RE Codes will be RE - a number and a letter. http://usmilitary.about.com/od/theorderlyroom/l/blcode4.htm Send us an email for more discussion if you want.

    6 lawyers agreed with this answer

  9. Is a Special Court Martial conviction a felony?

    Answered almost 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

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

    Answered almost 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

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