Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Lawyer that deals with divorce, military law, practices or has acess to both NC and VA

    Answered 11 months ago.

    1. William Emil Cassara
    2. Philip Douglas Cave
    3. John Daniel Hafemann
    3 lawyer answers

    It looks like you have reasked your question with some more facts. There are some more comments on your first question, look those over. If he is still on active duty there are some things you might be able to do to help better the situation.

    4 lawyers agreed with this answer

  2. Fraudulent Entry Military, but not on purpose, it was a accident- I asked this similar question before, and need new information

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. Andrew David Cherkasky
    4. John Daniel Hafemann
    4 lawyer answers

    1. This is not something you should be discussing on an open forum like this, where people can read this. 2. If you have since been discharged, then you should be OK. The situation you read about is certainly egregious, but your case doesn't seem like that. Also, there's nothing based on what you've said that clearly establishes you should have been DQ'd.

    4 lawyers agreed with this answer

  3. My boyfriend is in boot camp for the Army and missed his court date and now there is a warrant for his arrest.

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. William Emil Cassara
    4. Gerald Richard Healy
    5. Amanda Salcido
    5 lawyer answers

    Actually. He would be best advised to talk with one of the Legal Assistance officer on his base - it is free.

    4 lawyers agreed with this answer

  4. CoC offers NJP because poor evidence/quick/inexpense. SM demands C-M. Must CoC oblige, or can CoC do GOMOR+14-12c instead?

    Answered over 1 year ago.

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

    Yes. If a SM declines Art. 15 the commander options are: court-martial, GOMR (and) commencement of elimination proceedings, or do counseling and adverse performance report ant nothing else. There are other administrative actions that might be involved - flagging, removal of security clearance. How quickly and how effectively this works depends on rank, unit, charges, and evidence. Sometimes if the work is lazy then there can be successful challenges to administrative actions.

    4 lawyers agreed with this answer

  5. Is knowing someone as "AWOL" same as knowing someone has a "fugitive" ?

    Answered over 1 year ago.

    1. Robert Laurens Driessen
    2. Philip Douglas Cave
    2 lawyer answers

    When someone goes AWOL the person and their next of kin are sent a letter after 10 days, it is called the "Ten Day Letter." That says the person is AWOL, will be classified as a deserter, and that the person should be encouraged to return voluntarily. It does not advise that under federal law aiding a deserter is a federal crime. After 30 days a DD Form 553 (Deserter arrest warrant) is issued and sent to the NCIC database so that law enforcement has access to that information. Most often a...

    Selected as best answer

  6. Which Business Transactions Will Make Your DD Form 214 A Public Record In The Clerk of the Court's Office?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. William Emil Cassara
    4. Deanne L. Bonner Simpson
    4 lawyer answers

    I'm not sure any do. You have to provided evidence of a HD/214 for education and home guaranteed loans. But that doesn't make it a public record.

    Selected as best answer

  7. What is a Article 15, US Military?

    Answered 10 months ago.

    1. Phillip Edward Stackhouse
    2. Philip Douglas Cave
    3. Gerald Richard Healy
    3 lawyer answers

    Yes, he needs to get legal counsel. At his likely rank and years of service this is a significant event that may prevent him remaining in the military, getting promoted, or other adverse career effects. Yes, it is not a conviction but it remains in the records and it may affect the quality of his discharge.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. VA attorneys...can an attorney outside of VA practice law in VA?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Robert M Lorey
    3. Rixon Charles Rafter III
    4. Daniel Gary Rosenthal
    4 lawyer answers

    Active duty military are exempt. This has nothing to do with California law or licences. This comes from the VA rules of professional responsibility. No military foreign attornies are regulated differently.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. How do I look up a lawyer's previous cases?

    Answered about 1 year ago.

    1. Frank Wei-Hong Chen
    2. William Nicholas Blasser
    3. Philip Douglas Cave
    4. Christine C McCall
    4 lawyer answers

    Several points to keep in mind. Fees are negotiable to some extent. It will depend on the written agreement what is covered and what is not, flat versus hourly fee, making deposits against future fees, etc. This is an interesting phrase: "if the lawyer took more time that I thought" The amount of time and work that goes into a case is not always known at the beginning. I've certainly had cases where something happened during the representation that created additional work not contemplated...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Not giving up.

    Answered about 1 year ago.

    1. William Emil Cassara
    2. Michelle Teresa Dellino
    3. Philip Douglas Cave
    4. Everett Lewis McKeown
    5. Patrick Owen Earl
    6. ···
    7 lawyer answers

    You can resubmit and ask for a personal appearance to present your case. In doing so you have to show new evidence. There are a number of things you'd need to do. One of the things DRB's like is community service. If you have that it needs to be emphasized. I do recommend professional help for a second go around. Contact me, or Bill Cassara; initial chat is free.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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