Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. How do i get my rights back to an administrative board if i previously waived them. this is concerning military law mostly....

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Matthew Gregory M. Watson
    3 lawyer answers

    You have to put in a request. It is up to the discretion of the command whether or not they will let you revoke your waiver. Get with military defense counsel ASAP. Somewhere in your notication letter it says that.

    6 lawyers agreed with this answer

  2. Can an officer and witness (an informant) testify against me if they were sexually involved?

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Joseph Aragon
    3. Harry Edward Hudson Jr
    3 lawyer answers

    They can testify. There may be issues about credibility, especially if there is evidence of "planting drugs." Get a good criminal defense lawyer from that area. It's quite possible H/she knows the officer and his history if they do a lot of drug cases in town.

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  3. I got commissioned as an officer in the Army and have an ADSO but I did not want ask for one.

    Answered 25 days ago.

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

    Go back and read the contract you signed. It is likely you signed a contract for six years active, and two years inactive Reserves. There are some contracts for less, and for more, depending partly on what branch of the Army you are to serve in.

    4 lawyers agreed with this answer

  4. Lawyer that deals with divorce, military law, practices or has acess to both NC and VA

    Answered about 1 year 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

  5. 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

  6. 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

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

    Answered almost 2 years 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

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

    Answered almost 2 years 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...

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  9. 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

  10. What is a Article 15, US Military?

    Answered 12 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

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