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Philip Douglas Cave
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Philip Cave’s Legal Guides

10 total

  • Your rights as a suspect under the UCMJ.

    In the military? Your Rights! Dont waive them! Right to Silence Right to talk to a lawyer Right to terminate or stop an interrogation Right to leave the interrogation Right to say No to a request for permission to search On the page at www.court-martial.com/your-rights/ you wil...

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  • Security Clearance 1

    Do you have or need a security clearance? If you do then you should know that certain types of convictions may bar you from keeping or getting a clearance. Have a conviction for which you have been sentenced to one year in jail?You need to know about the disqualifications based o...

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  • Discharge upgrades

    In 1972 the military departments illegally handed out other-than-honorable (OTH) conditions discharges to thousands of service-members, as a result of the command-directed urinalysis programs. The United States Supreme Court ruled against the Army for this practice, so the De...

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  • UCMJ

    The statute The Uniform Code of Military Justice regulates discipline in the U.S. Armed Forces. The UCMJ can be found at this link: http://goo.gl/kprgs The regulations Under Article 36, UCMJ, the P

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  • Article 15/NJP/Captain's Mast/Office Hours

    Article 15 Rights Chapter V., Manual for Courts-Martial (http://goo.gl/XPi4) contains the rules and regulations for imposition of Article 15 punishments, along with service regulations. You have the

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  • The Article 32, UCMJ, hearing

    An Article 32 hearing is required before a General Court-Martial prosecution under the UCMJ. For the prosecution an Article 32, hearing is often a formality. For the military accused it can be a critical time to get discovery and access to evidence,

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  • Military (UCMJ) Pretrial Agreements (plea bargains)

    Military pretrial agreements can be useful for damage control on a court-martial sentence. There are some unusual elements to a military pretrial agreement (PTA) compared to civilian plea bargains.

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  • Military Rule of Evidence 504 – Spousal privilege.

    There are two parts to the rule. The spouse can refuse completely to testify, this is the spousal incapacity and the privilege belongs to the testifying spouse; or the spouse can be stopped from testifying about communications. In the second situation the spouse can still testify...

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  • Politics and military service are a difficult mix

    It is 2012, it is a presidential election year. That means there are potential problems for military personnel (active, Guard, Reserve, or retired) who want to be involved in the political process. Here are links to an example of how the military member can get in trouble over po...

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  • Navy duty to self report civil criminal cases

    The Navy requires personnel to self-report if they have been arrested or are being prosecuted for a criminal offense - this is legal according to the Navy-Marine Corps Court of Criminal Appeals. The r

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