I am a military spouse and got a Dui on base. I feel terrible for the choices that I made that night, my BAC level was a .18. I'm terrified, I know I have to face my consequences, but I would like to know what to expect?
You can expect the US Attorney to pick up the case as a DUI (and any other associated moving violations). You need to hire an experienced federal DUI attorney ASAP. Also, there is a possibility that the state could pick up the case. Either way, you need representation and fast. Be mindful of any administrative license suspension in your case; they often happen if you do not respond to an admin notice of license suspension within 8-10 business days, and this can really really make your case go sideways. Again, hire an attorney very soon. That is your best course right now.
Steve ShewmakerSee question
We have been married 11 yrs. He has been cheating on me for years. After confronting him with proof 6 yrs ago, he promised to change but hasn't. I want a divorce and all the items I have purchased during the marriage. We lived in the house in...
Avvo is really not the best forum to ask this question. Frankly, your question is too complicated for this forum.
And this is not a military question either. This is a question of domestic law, but it's a question of comparative domestic law between two different states.
Obviously, you understand that you may get a better deal in one state or the other. You just don't know which state is the better state. Frankly, I don't know either.
And even if I were an expert in Hawaii or in Maryland domestic laws, which I'm not, it would still depend on what all of your goals are.
Really the best thing for you to do is to have a face-to-face consult with the domestic law attorney in Hawaii. You should discuss all of your goals with that attorney. Before you even get to the merits of your case, you do need discuss jurisdiction. I'm not positive that Hawaii would be the best date for you to get divorced in.
One thing in particular that you must not lose sight of is your husbands military pension. Just because you have jurisdiction in one state or the other, does not mean that you have jurisdiction over his pension in that state. For example Hawaii may be the state for jurisdiction over the divorce and over child custody, but if you're only in Hawaii because of his military assignment,Hawaii will not have jurisdiction over his military pension. And this is the important part - if you do not reserve division of his pension in Hawaii divorce, meaning reserve it for another state to later deal with it, then no state will have jurisdiction over his pension. In other words you will of lost that right forever.
So I say all this to say, be very careful. Do a face-to-face consult with the Hawaii attorney as soon as you can and raise all these issues. In fact print off this response and take it with you. Expect to pay some money. Expect to pay a quality attorney by the hour, at least $200 or $300 per hour. Do not go to an attorney who will do this for $500 or $1,000 flat fee. Frankly, it's just too complicated, and the stakes are too high.
After speaking with an attorney in Hawaii and keeping good notes, you're going to want to get on the phone and have a good quality consult with Maryland attorney. Avvo Will give you a good listing of attorneys in both areas. The last thing I'll tell you was when you were a vettimg attorneys in both states specifically ask them about their familiarity with military divorce, division of military pensions, the UCCJEA and jurisdiction over children and custody and military and medical benefits and divorce generally.
Listen, Hawaii is a long way from home especially with children in tow. You have a lot of work ahead of you. I hope this note helps you, and best of luck to you.See question
So I was granted a felony waiver to join the Marines in 2008 from a UUW charge in 2006... Does this hold any leverage in the civilian world ? If a US military General gives me a waiver to carry a gun and go to war does this mean I can have one in ...
No no and no. LISTEN to Snow-Martone and the Gonzalez-Waddington advice. They are correct. The state court prosecutor will turn to state law. State law in any of the 50 states gives no weight at all to a waiver by a general so you could join the military. If you want your gun carrying rights restored, go and speak face-to-face with a Texas licensed attorney where you live. Do not use the very general advice from Avvo forums as your "get out jail free card". It will not.See question
I have a Article 15 with the General next week. I am a Captain with 6 years. I am going to accept it. My co-accused hired a civilian lawyer. I think it’s a waste of money since I am guilty. Is there a point to having a lawyer for an Art 15? I just...
Yes, with these matters, having an attorney is an investment in good judgment. You are a Captain about to get an Article 15. This will end your career. I don't know whether you are prior service, but if you are and are close to retirement, this will have further adverse effects. A lot depends on the circumstances. Certainly, I hope, you at least spoke with TDS, right?See question
I am deployed active duty army but Our family is stationed in JBLM, WA. My wife has a son from a previous marriage and needs to lift geographic restriction in Harris County. Her ex filed paperwork got a court date because she left the state to be ...
No no no, this is family law, not military law. True, it has military issues and themes, but it is still family law. Family law is emotional, highly fact-dependent and always in the state courts, not the military courts. You need a face-to-face consult with a family law specialist who also specializes in military aspects of family law. Though I am one of these, I am in Georgia, not Washington State. You need someone local to that area. Avvo has a list of such attorneys in your area. Go see one of them. Finally, it is not fruitful to be asking detailed questions about cases like these over an open forum. Nothing - and I mean nothing - will be as meaningful as meeting with an attorney who can actually take a case like yours to the local judge. Good luck to you.See question
Is it likely that the waiver is approved?
The recruiter is incentivized to get you in the Navy, generally. So an RE 3 can be waived by a flag officer in the recruiting command. Oh except we are downsizing the force these days. So they have fewer spots and tons of applicants. You might get a waiver if you have something really special. You aren't that dude who shot Bin Laden in the face, are you?See question
I have a report that is effecting my options in the military, I was one of three subjects in an investigation that rendered no result to me, one part of the investigation states that there is reason to believe that I was aware of the criminal acti...
The final report is not likely to be changed, even if you attempt to bring this to CID's attention. Unless the details in the report are placed into your official military personnel file, no one outside of CID will have any visibility of the report anyhow.
Now, if CID "titled" you as "probable cause founded" that is another matter. That finding will be fed into about 50 different federal databases (and growing) which will effectively act as a black mark on your record for about 40 years. That could potentially prevent you from further promotion in the military, hiring by another federal agency, etc. The only way to remove that is to convince the Commander of CID (since it was CID you referred to) to remove it. Good luck - that would be very unlikely. But as Mr. Cassara said, there is a process, and if you do not ask, they definitely will not remove it. I hope this is helpful to you, sorry.See question
My commander gave me a very poor evaluation. He had been saying even months before receiving the evaluation that I was not going to get a good evaluation and that I will never make O-3. I have 2 recording from over 4 months before getting my evalu...
Okay now, both Georgia and federal law allow you to secretly record a conversation that you were a party to. So you are okay there with the law. BUT, those reviewing this matter in the military may feel that you are a sneaky bastard. That goes with the territory of secret recordings.
If your commander made these comments to you in the course of a legitimate counseling session where he was telling you where you had let him down and where you needed to improve, then all your recordings do is support his claims. It might be different if you recordings catch him saying something like "Listen up you dirty hispanic scumbag!" Short of that, I don't see any basis for an EO complaint.
Still, as Mr. Early has said, it is your right to file an EO complaint. It is the investigator's prerogative to tell you that these recordings don't amount to much. As I often say, if you don't try, you are stuck with what you have now. Finally, I will say that if you already have a poor rating as a junior officer in this downsizing climate, I recommend you serve out your minimum requirement with honor. Hold your chin high, end your service and move on in life. The military is not just one man, so don't go off hating the service you worked so hard to join. Move on in life and prosper elsewhere. Good luck.See question
My son enlisted in the army 7/20/2015 and during basic training he realized that it was just not for him at this time. We have many things going on at home such as his mom is disabled his granny has cancer and is taking chemotherapy treatments an...
No no. He can be patient and stay out of trouble. My office is near Fort Benning, and I have seen cases like this before. An attorney can go down there and speak to JAG or to the unit commander. This may facilitate things. It may make no difference at all. The best thing to do is to remain calm and stay "below the radar". They will get to him and move him accordingly. No judge in any court in Georgia or federal court will pay this any mind. That would be a total waste of your time.
Steve ShewmakerSee question
I'm in the Army, I married another soldier that was also Army on a different instillation. After two horrible years of arguments i asked for a divorce. 2 hrs later she went to her CO and said i Rapped, Physically and Emotionally Abused, and Impris...
In this climate, the military does not want to look soft on sex crimes. CID is well known for sitting on bullshit cases like this for many many months. A case like this would most certainly not go forward in any county of any state in this country, where county prosecutors would see no tangible evidence and such a long delay in the report and disregard this. In your case, (1) DO NOT SPEAK TO CID; (2) DO NOT TAKE A CID POLYGRAPH; (3) HIRE AN ATTORNEY; AND (4) DO NOT SPEAK TO ANYBODY ABOUT THIS.
Many of us on Avvo give free consults, as well.See question