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Steven P. Shewmaker
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Steven Shewmaker’s Answers

437 total


  • Is there a law called guilty by association?

    Got charged cause I was in car with someone that had a joint in there pocket

    Steven’s Answer

    Gawd I hope not. If there were, yours truly wold be totally and all encompassingly screwed. However, you might want to consider the status of your friends if this even crosses your mind. I was the kid that the other parents did not want their kids hanging out with, and I became a defense lawyer.

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  • Fighting abroad against ISIS

    I am former US Army veteran of 8 years. Diagnosed with PTSD. I was former Cavalry Scout for three years and then reclassed to Combat Medic for another 5 year enlistment. After returning home from war, I found myself to be very useless and unable t...

    Steven’s Answer

    Early is right. Also consider that there is no diplomatic immunity or Status of Forces Agreement or any other legal protection for you as a a US citizen voluntarily fighting there. You are subject to the law of the land over there, and if you find yourself in a bind, the US State Department would be within their rights to not address it. Worse, if the US considers whoever you are with to be a terrorist organization or an outlaw group, you may be subject to US federal criminal laws.

    My advice is to take care of yourself first. Address your PTSD. You have done enough. I take it you don't fit in. Things don't makes sense. They made sense over there, and you want to go back. BUT you were there because your country sent you there to do its business. Going over there on your own is not your country's business. There is a difference between a Soldier and a mercenary.

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  • How difficult will it be for me to rejoin the Army?

    I enlisted in the Army Reserves in July 2014, and went through BCT in Fort Leonard Wood, MO then continued there in AIT as a 74D (CBRN SPECIALIST). I ended up meeting my now-fiance there and one thing lead to another and we both got discharged (Ch...

    Steven’s Answer

    The best source is the recruiter - go see the recruiter. In theory a RE 3 allows for a re-enlistment, possibly with a waiver. But we are downsizing right now, so the discretion of the service is key. They may or may not be interested in you, depending upon the circumstances behind your last enlistment and separation as well as the needs of the service.

    Do you speak fluent Pashto, perhaps?

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  • I received an Entry Level Separation from the Air Force can I reenlist? Can I be a civilian police officer?

    Okay so I graduated basic training as an Honor Graduate, mind you only the top 10% get this award. When I was in tech school I had a family emergency back at home with my grandfather being severely ill and constantly in the hospital. I was distrac...

    Steven’s Answer

    A 2C should prevent your return to the Air Force, but leave the other services open. HOWEVER we are downsizing now, so in the discretion of the service, you may get denied.

    Your first step is go see the recruiters and have a heart-to-heart. If the recruiter can get you a waiver, they will. Recruiters don't tend to waste time on pipe dreams, so the recruiter' sentiment will be key.

    Good luck

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  • Is this an escape

    they didnt fingerprint, book me, or take a mugshot of me. I was there for two hours before i left.They never even officially charged me. It was Thurs that this happened i called a hot line for warrants on fri. & i dont have one?

    Steven’s Answer

    Are you sure you were actually there? Did you see a great big rabbit?

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  • Me and three other soldiers lied on a sworn statement and I need legal help

    Me and three soldiers in the US Army lied on a sworn statement but then immediately regretted doing so and wrote another statement telling the truth about what happened on a pass we went on. I was wondering what or even if we could be punished for...

    Steven’s Answer

    Yes, your action is not the crime of the century - or even of the day over there at Fort Gordon. But they could hammer you. My guess - and that's all it is at this point - is some sort of administrative/NJP will address it. You should go over to TDS, on their next walk in day. See what one of their Captains can tell you. If you want to talk about it, many of us on Avvo will do phone consults.

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  • What is the statue of limitations in Cobb county on an inmate that is waiting for a trail date?

    He is accused of human trafficking and he has been in jail for over 18 months. He has a public defender, but we don't see progress on his case.

    Steven’s Answer

    What you are driving at is: What are his speedy trial rights under the US and Georgia Constitutions. That is a highly factual analysis that considers several factors. One factor is how long he has been in jail. A threshold of 12 months or more is what he needs. There are other factors.

    Google the case Barker v. Wingo and refs that. Call the chief PD and demand a status and mention his constitutional rights.

    See how they respond. Many of us on Avvo will also give free phone consults. But you may need to marshal the familiy's assets and consider hiring a private attorney who will pay more attention to this.

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  • How do I file for divorce if my husband is in prison for 20 years in Florida?

    I am currently unemployed. We have 1 daughter together, but she has always lived w me. I don't qualify for child support because of him being in jail. We were already separated before he went in. We split up after 1 yr. My daughter is 13 now in wi...

    Steven’s Answer

    This is easy. You go to Gwinnett Legal Aid. You ask for Ms. Rachel Lazrus. Tell her your situation.

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  • Military Law. Officer with a DUI in Korea. What are my options?

    I went out to get some food and drinks with some friends. I left the group early due to me being tired. I was driving to my place and I did not come to a complete stop at a stop sign. MPs pulled me over and breathalyzed me. I was brought back to t...

    Steven’s Answer

    DUI is tough in the military, worse than for most civilians. I say this because most civilians can absorb a first DUI without too much difficulty.

    The problem for service members is that the military can hammer you administratively through NJP or a letter of reprimand. These will then lead to administrative separation in either the short or long term. If you are fortunate, you may get left alone until your next promotion consideration. But you won't get promoted.

    In short, a civilian can look at a DUI as a $10,000 ordeal. A service member needs to look for a new career.

    Having said that, talk to TDS at Benning. You can also talk directly to private attorneys. Many of us in the area give free phone consults.

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  • I got charged with felony financial transaction card fraud.

    I got charged with felony financial transaction card fraud. I have no criminal record. My arraignment is in June. After my arraignment there should be a trial. Will I get jail time if convicted or is there a possibility that I can just get probati...

    Steven’s Answer

    Don't do this to yourself. You are asking very broad questions while providing few details. It's not your fault. Many of the vital details may not be available to you. Those details you know, you should absolutely not post on public sites.

    Stop this and seek a criminal defense attorney now. Many of us on Avvo will give free initial consults.

    Having said all that, the nature of the alleged crime, your prior record and the personalities of the people involved are all factorrs. I would like to tell you that with some review, we could quickly engage the district attorney and reduce the exposure of this. I would like to tell you that the police are absurdly zealous and have over charged you or wrongly accused you. I would like to tell you that even if you are forced to accept responsibility for this, you will likely get a First Offender dismissal or probation.

    I would like to tell you all this, but I cannot without a lot more detail. Call an attorney and get a consult ASAP.

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