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Philip Douglas Cave
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Philip Cave’s Answers

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  • What is considered a control buy that would give enough evidence to get a search warrant?

    A c.i entered a apartment building with mark bills to do a controlled buy. He was not seen going into the defendants residence but came out with a controlled substance. The buy was done in November the search warrant was executed December 16th and...

    Philip’s Answer

    1. That's not my experience in how controlled buys are done--the delay in either the warrant or arrest.

    2. You should talk to a criminal defense lawyer who can explore the validity of the warrant. The arrest and prosecution may be more problematic. This boils down in some ways to proving the buy. It would be better for the police to have found the money. But they can still proceed on the testimony of the witnesses. If the witnesses are believed, then it's possible to get a conviction. BUT this must be explored with your lawyer. That's better than generalized thoughts from blogging.

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  • Background checks for employment - Suitability Determination

    I am a contractor receiving a suitability determination letter. There are two things (misuse of a government computer and AWOL) they want me to answer on the eQip. This is due to my filing an EEO against my former agency. The former agency removed...

    Philip’s Answer

    Have you received a denial letter and statement of reasons, which sets out your appeal rights?

    It's different to a security clearance issue.

    Agencies are required to give reasonable notice to
    employees or applicants in writing, citing specific
    reasons why they are deemed unsuitable. This
    includes information on “materials relied upon”
    to make the decision; time limits for response and
    information regarding their rights to respond and have
    representation. Suitability Actions are appealable to
    the Merit Systems Protection Board (MSPB) (http://
    www.mspb.gov/). The procedures for filing an appeal
    with the Board are found at 5 CFR 1201.

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  • Spouse is leaving not paying support while still collects full BAH.

    I'm married to an active duty soldier for two years. He never shared his BAH (supposedly he needed to pay me $700 a month). He always say it goes to the house bills and rent. We always fight and now it's gotten to the point that he's ditching me ...

    Philip’s Answer

    While married and living together how you spend your money is up to you. There is no requirement that he give you any of the BAH.
    If you separate there are rules on how much of the BAH he is required to provide, and it is not the total amount.

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  • Getting into a University with a felony.

    A friend of mine who committed a 2nd degree felony for statutory rape is wondering if he could be accepted into public or private universities. For instance I know that Florida International University runs a background check on all of its applica...

    Philip’s Answer

    This would be something best asked to the school admissions office.
    Felony convictions can have various collateral effects. One such effect is not being able to get certain types of educational loans. Another might be an inability to get a professional licence at the end of the education. This is not really something lawyers on this site are best able to answer.

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  • If I have already retained an atty. Can I speek with another about my case?

    Need a different lawyer for a trial.

    Philip’s Answer

    If you have concerns, have you addressed them with your current lawyer?

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  • Can i get my deposit back

    I hired a lawyer to handle my case in general district court for $1500. However was able to reach agreement with plaintiff to drop charges before court & without using my lawyer. I told my lawyer the agreement & he said he hadn't talked to the DA ...

    Philip’s Answer

    What does your written agreement say? Is this a flat fee or a hourly?
    As Mr. Sprano points out, reaching an agreement with the accuser/victim doesn't necessarily stop the Commonwealth from continuing to prosecute, although it may be a factor in that decision.
    Talk to your lawyer.

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  • I would like to know if there is any way that I could legally changed from my unit in the US Army due to bias or prejudice.

    I have never had any misconducts but have been having misunderstandings with my chain of command. One of my raters told em that if I do not get out of the Army my evaluations are not going to be good and because of that I would end up in not getti...

    Philip’s Answer

    You should try first talking with the 1SG, then use the open door policy to the SGM.
    Depending on what the bias or prejudice it, you may want to consider a EO complaint, or even an IG complaint.
    But you should use your chain of command first.

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  • I was separated in June 2015. I have general under honorable conditions what are the odds of getting it upgraded?

    Separation Authority is AFI 36-3208, Separation Code is JKN, Reentry code is 2B, and the narrative reason for separation is Misconduct(Minor Infractions)

    Philip’s Answer

    You have to wait six months until you can apply from the date of discharge.
    The odds of getting an upgrade now are almost nil. Unless, that is, you have a very strong case to argue there was a substantial flaw in the processing of the discharge, or that the misconduct allegations are not true.

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  • My son wants to join the Navy but he has celiac disease. I am hearing that he will be ineligible. Is this true?

    Do the armed forces prevent you from joining if you have celiac disease?

    Philip’s Answer

    See the link.

    These are the medical standards.

    Celiac Disease does not appear to be listed specifcally. But it likely falls under paragraph 3-5.

    He will need to discuss this with a recruiter, and likely MEPS will make a final decision.

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  • I'm looking for attorneys that offer an apprenticeship programs in Virginia

    I'm looking for attorneys in Virginia that ager apprenticeship programs. It's been difficult trying to find someone willing to take on the job so I'm looking online

    Philip’s Answer

    And I think that the developments in the law have caused or perhaps forced lawyers to specialize. One of the requirements for the supervising lawyer appears to be a broad or general practice. Those of us who specialize or are in a niche practice can't fit that need.

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