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Phillip Edward Stackhouse

Phillip Stackhouse’s Answers

427 total


  • Can I get in trouble although the charges will be dropped and I did not plea guilty or nolo? Can I still get honorable discharge

    Question regarding military law. Is a pre-trial diversion program considered as a conviction for military (US Army) purposes? I was arrested for shoplifting and I plead not guilty. The charges will be dropped in a few months after I meet some requ...

    Phillip’s Answer

    You should immediately contact a defense attorney to advise you in this matter. While it might not be considered a conviction in civilian jurisdictions, the military may take a very different look at it. For example, even if you pled not guilty – in many jurisdictions the judge will still find you guilty and set sentencing out the ways. If you complete your diversion requirements – the charges are dismissed before a sense is imposed.

    I suspect all branches could use such a resolution against you in an administrative separation board. Further, just because the state went one way, doesn't mean the military can't prosecute you for the underlying offense.

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  • Are there special regulations for OSI to collect DNA or they can do it without my permission or without a special order?

    I am a military under investigation for CP. Should I hire an attorney even if I am not formally charged? Some attorneys said yes, others said No, that I you should wait. Very confusing. I see online many military attorneys with experience in ...

    Phillip’s Answer

    YES - get a lawyer as soon as possible. Child pornography is a very serious charge. The work an experienced defense attorney can do with you now in preparation of the case is invaluable.

    It's a niche area of the law and there are few that do it right.

    Re: DNA, don't consent. That doesn't mean they won't take it anyway, but document and make them document your lack of consent.

    Again - get a lawyer now.

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  • Stationed overseas but dependants not going, what will happen to bah?

    Us army. E-4. Stationed in Fort bragg and pcs'ing in Korea for 1 year, unaccompanied. My dependent can't stay in Fort bragg area by herself, she will be moving in with her cousin in los angeles area, while I am in Korea. Will my BAH will be based ...

    Phillip’s Answer

    You should talk to personnel. That's how it used to be. The military is very suspect of folks moving from a pathetic BAH area to a super high BAH area for reasons you might suspect. Be careful, document it all, and talk to personnel.

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  • Do I have a case against the military? If I have a case, which lawyers can represent me?

    My DD-214 from 1982 contains criminally false information. Although I have an Honorable Discharge, the various alphanumeric "codes" on my DD-214 say that I was discharged because I'm lazy, I was pregnant (I'm a male...), it says that I am a desert...

    Phillip’s Answer

    I'm not sure how your DD214 could contain all of that and I don't see a viable claim against the government for what you have described, especially taking into account the Feres Doctrine. You can petition the Board for Correction of Military/Navy Records to correct it.

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  • Can I get spousel support along with all his bah during the devorce process.will he have to pay mortgage and household bills?

    Married to a man in the military. He wants a devorce. What am I entitled to? Can I get spousel support?

    Phillip’s Answer

    It's really a state law question and you should contact a family law attorney. Generally - while you are considered a "dependent" you should receive support from him. After the divorce and probably as early as the separation - the state will start playing a greater role. Base legal assistance can provide some advise as well.

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  • Do I qualify to be in any department of the Air force

    I hold a u visa for 4 years. I am a single mother and my son is a US citizen. My dream is to be a soldier but Idk if I qualify.

    Phillip’s Answer

    Mr. Cassara is right - you need to speak to a recruiter.

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  • My question is how fast should I expect a response from my command? I am in Tech School in the United States Air Force.

    I contacted an Arizona Congressman about my situation and submitted my "Privacy Release Form" to the Congressman Case Worker who sent my inquiry to the Pentagon on January 13, 2016. The Pentagon replied to the Case Worker confirming the inquiry wa...

    Phillip’s Answer

    Each situation is a little different. After it gets to the House Liasion office - it will trickle down to the command that would have the answer or ability to answer. Each level normally had a suspense / due date they impose on the next level down so they can answer the next level up.

    Expect 30+ days, even with urgent markings, I suspect 30+ days.

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  • Cell phone was taken for allegations of 112a. How incriminating are texts in regards to drug use?

    Texts regarding drug use. Phone was taken by investigators (about half a year ago), no witnesses, only texts. All other parties involved have already been formally charged and discharged from the military (about 2 months ago)

    Phillip’s Answer

    If your text messages contain admissions, that would be a bad thing. They may not prosecute you over it, but certainly they could administratively separate you. It is strange though that everyone else has had their case Adjudicated and you have not.

    I would recommend talking to a military defense lawyer, and keeping your head down and your mouth shut.

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  • Can CH31 (Vocation Rehab) subsistence benefits, GI BILL, POST 9/11 GI BILL considered income to calculate child support?

    I have a DCSS (child support) case in San Diego County. The issue in my case is regarding CH31 (Vocational Rehab) Education subsistence benefits, GI BILL, Post 9/11 GI Bill education benefits, and VA disability. I know none of the above can be ga...

    Phillip’s Answer

    You need to discuss it with a family law attorney. There are MANY in the SD area that have significant experience dealing with military and veteran issues. Each state and judge is different.

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  • Can a foreigner who lives outside of the us and overstayed in the past can serve the us military?

    Well this might be silly I heard that if you're serving at the us military you can get a green card Now my question is If you're bend from entering to the us for 3 years Can you ask to serve before the 3 years are over? Would you be forgive...

    Phillip’s Answer

    The person should talk to a recruiter. You generally cant be here illegally or be undocumented and enlist, i.e. you have to show proof of citizenship - e.g. SS card or green card.

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