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Steven P. Shewmaker

Steven Shewmaker’s Answers

473 total

  • I wanted to know how custody hearings will affect my status in the military can I be discharged because of custody hearings?

    I am currently active duty member of the U.S. Army (currently in individual training) myself, my child and the other parent of my child are from California , my duty station is in Texas .I was recently informed that the other parent of my child wh...

    Steven’s Answer

    No, not necessarily. If you are a first term enlistee, you would very likely have to give temporary guardianship of your child to another person if you were the only parent. In your case, it seems there is a custody fight.. Lots and lots of people in the military do not have primary custody of their children. The military has no particular heartburn with you not even having legal custody (sole custody to her). HOWEVER, the underlying facts that come out in court - if they were to make their way back to the military - could effect your status. If for example, the court finds you are not a fit parent because you have smoked a lot of crack cocaine or because you run around with the KKK, the military may seek to remove you.

    I hope this helps.

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  • I am trying to read precent federal court decisions regarding military appeals but I cannot understand what does it mean that

    For the forgoing reasons, I would affirm the judgment of the Court of Federal Claim. Or, We therefore affirm the District Court's grant of summary judgment to the government. Could anyone explain how to read federal court appeal decisions? Thank you!

    Steven’s Answer

    • Selected as best answer

    "For the foregoing reasons, I would affirm the judgment of the Court of Federal Claim" means that the appeals court is saying the Court of Federal Claims got it right and the appeals court affirms (or upholds, says they are solid, pats them on the back).

    "We therefore affirm the District Court's grant of summary judgment to the government" is more complicated. It means that in the trial court, the Government filed a motion for summary judgment. This is the Government saying to the Court, "Look, all that we say and all that the other side says is in agreement of the facts, so we don't need any jury or trial to decide this matter. All we need is for you - the judge - to apply the undisputed facts to the law and make a decision." Evidently, the trial court judge did that - he exercised summary judgment and made a ruling of law wihtut a trial. The other side opposed it and lost. The other side appealed it. The Appeals Court looked at the record and decided the trial court did it right.

    I hope that helps you.

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  • I am an active duty in the military. Will that hurt me when it comes to me trying to get physical custody of my son

    My wife committed adultery. I have proof of her admitting it. she left the family home with my son without my consent a day or two after confronting her about the adultery. no violence or anything just calm conversations.

    Steven’s Answer

    Adultery can be quite relevant in custody decision, but here is the catch. One judge may care about it, and another may not. If I had to guess, most judges won't care. Here is the disclaimer: the character of the adultery, the flagrant or not so flagrant manner, particularly if it involves the children, may have some impact. There are many many factors that go into custody cases. They are highly fact dependent, and one of the biggest factors is who is the judge. Nothing is better than finding an experienced counsel in the state and city where your case will be heard. Do that now, and stop floating general questions on Avvo.

    Finally, your status should not matter, but that too can depend. The judge will look at who has been the primary care giver as well as the level of involvement in the child's life.

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  • Will it be difficult to get into a diversion Program? And would they up the charges?

    Im 17 years old and I was arrested at school for having 25 adderall on me. I wasnt selling them and I was only charged with "Drugs to be Kept in Original Container". This is my first offense and im a senior in Highschool and I have a part time job...

    Steven’s Answer

    Diversion programs are provided at the discretion of the prosecuting agency out either the district attorney or the solicitor.

    What you need to do is find an attorney very quickly.

    I recommend that you contact an attorney first thing Monday morning and let the attorney begin negotiating with the prosecutor.

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  • I was pulled over by a Georgia state patrol and was given a field test and passed all of them how can they still arrest me dui

    I was behind the car for an hour and the paramedics came and said I was OK everything is normal but the officer insisted I was I was under the influence. How can they arrest me when I passed all the test I feel this is wrong and I had no blood alc...

    Steven’s Answer

    1. Don't spread any more details here.
    2. Avvo does not replace a face to face consult with an experienced attorney. Go find an attorney.
    3. If an attorney takes the time to go through the entire experience with you, explain the law, apply the law to your facts, and makes you feel comfortable - hire that attorney.
    4. Clearly this case is going forward on the basis of the officer seeing some less safe act coupled with some evidence of the presence of alcohol.
    5. You may very likely land in the hands of a prosecutor that finds this case is weak. In no way should that be your strategy.

    Hire an attorney early.

    Steve Shewmaker

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  • How can I avoid having to register as a sex offender prior to moving to the Atlanta area?

    I am currently in the process of moving to the Atlanta metro from Tampa, FL. I currently have to register as a sex offender due to a 2001 military conviction in Okinawa Japan (carnal knowledge). Which i believe is the equivalent to stat rape , con...

    Steven’s Answer

    First of all, this is so waaaaay not a military law question. The military convicted you, but once you got out of Leavenworth you were required to register as a sex offender. That is a creature of state law. If you are in Florida, you need to speak to a Florida attorney about that. If you come to Atlanta, you need to register first. Then you can see a Georgia attorney about a petition to be released from registration requirements. The hurdles are high but at the judge's discretion. The issue is fact specific.

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  • How can I get out of the MO Guard?

    I'm in the MO guard and will be leaving for basic and ait in a couple weeks. I've been in since February of last year and decided I really don't want to be in the guard. I've talked to my commander and rsp coordinator at drill for the past four dr...

    Steven’s Answer

    Submit a 4187 to the LARRY or CURLEY Guard.

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  • I got pulled over for speeding and ended up blowing a 0.07 in a state that i was visiting. Would've been fine if I was over 21.

    I went to go visit a friend a week before college started up in NC, when i reside in GA. After driving home one night, as I was pulling into her neighborhood, I got pulled over for speeding. Being that it was around 2am, the officer asked if i was...

    Steven’s Answer

    "Which if I was 21+ they would've just let me off with a speeding ticket." Really? You seriously believe that? The legal limit for a DUI less Safe case is any alcohol. The legal threshold for a DUI per se case is 0.08. So you were 0.01 away from DUI per se. No, they would not have just let you off.

    Yes, you need an attorney. Hire an attorney now.

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  • Ok I am waiting on seperation orders for my med board and just was told I failed a UA and am facing a chapter of uth?

    So I am waiting on orders for a meb and was told I failed a UA for marjuana. They are pushing a oth chapter and rushing at that. What are my chances my meb will go through or will my chapter override my meb?

    Steven’s Answer

    Most likely no chance. I suspect that the command will convene a board for separation under Chapter 14. If you are separated by the board, the commander can consider to go with that or the med board. Your best shot is to convince the board to retain you. Hire a lawyer first thing tomorrow morning. Many of us on Avvo defend boards all over the country. Hire counsel very soon.

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