Skip to main content
Tonald Edmund Spinks

Tonald Spinks’s Answers

41 total

  • What are the consequences of a general discharge from the military

    I have tested positive for drugs as an E-7 in the Army National Guard. What are my options?

    Tonald’s Answer

    Your command will make the decision as to the type of punishment that will be appropriate (i.e. Article 15, or court martial). Of course you have the option to refuse an Art 15, but that would likely force the command to request a court martial. Either way you are entitled to consult a military defense attorney for free, I would contact them and if you can consult with an attorney who understands reserve/guard issues as well. If you were not on active duty, generally the UCMJ will not apply to drug use (even if you were positive at drill). But, if you were on active duty at and before the time of the test, UCMJ applies. It is kind of a confusing issue with the reserves / guard. Even if you were not on active duty, you can still be adsep'ed for drug use in the reserves or guard. In any event you should not make a decision to accept a general discharge without first consulting with an attorney.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • What are possible consequences for FL criminal practices act statute 772.11

    Florida statute 772.11 My 19 year old son recieved a letter from a lawyer in Calif demanding $200.00 per Florida statute 772.11 due to his taking possession of merchandise valued at $11.98 from Sears on11/28/08. We reside in Florida. How can I...

    Tonald’s Answer

    The Florida Civil Remedies for Criminal Practices Act has very few exemptions and it can be combined with other civil or criminal punishments, these facts combined with the ability for the award of attorney fees makes ignoring the demand a very dangerous proposition. I would strongly consider contacting an attorney who can review the details of this case with you before the expiration of the demand for payment. I have included a copy of 772.11 and a good article by Jeff Adelman regarding the same below.

    772.11 Civil remedy for theft or exploitation.--
    (1) Any person who proves by clear and convincing evidence that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts. Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section. If the person to whom a written demand is made complies with such demand within 30 days after receipt of the demand, that person shall be given a written release from further civil liability for the specific act of theft or exploitation by the person making the written demand. Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section. Punitive damages may not be awarded under this section. The defendant is entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court may not consider the ability of the opposing party to pay such fees and costs. This section does not limit any right to recover attorney's fees or costs provided under any other law.

    Attached is a good article on the subject by Jeffrey A. Adelman
    http://www.adelmanlawyers.com/articles/112703civil.pdf

    Ed Spinks

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Air National Gaurd pay check

    My huband is in the Air National Gaurd and has been going every month for 5 months now he has not gotten a pay check for any of his time worked. Every time he ask about a pay check he gets the run around and nothing gets done. He has talked to ju...

    Tonald’s Answer

    First thank you for serving our country. I would recommend using the chain of command to resolve the problem. Ordinarily, the unit First Sergeant is responsible for pay matters relating to airmen in the unit. If he or she is unable to resolve the problem, the unit commander should be consulted. If the unit is unable to resolve the issue, the final step is to contact the local or state IG's office.

    The Alabama State Inspector General is a Regular Army Colonel detailed by the Department of the Army and the National Guard Bureau. The IG is the confidential advisor to The Adjutant General and an impartial fact finder on matters relating to morale, readiness, conduct and esprit de corps of the Army and Air National Guard. The IG office provides assistance to members of the Alabama National Guard by way of performing inquires as needed, investigations, and compliance inspections of units. We are committed to providing the members of the National Guard with instructions and guidance of the Army and National Guard systems, procedures, and process. The Alabama State IG can be contacted at Toll Free Number: 1-866-456-2764 (Pin 7245).

    Disclaimer: I am not a licensed attorney in the State of Alabama, this legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation and is for information only.

    See question 
  • Defaulted Student Loan and VA Benefits paid while I got some work and was not reported!

    1. I have a default college loan from 1980-$3000. Now they have called my work-20 hrs/week i get-wanting to garner wages to pay $9300 back--what can I do here--I make $1600/mo. 2.I have been disabled some brain injury and physicaly losing use o...

    Tonald’s Answer

    Regarding the overpayment of VA pension benefits, you are entitled to certain rights, which should have also been explained in the letter stating the VA feels you have been overpaid and are going to collect a certain amount from future payments. These rights include: you may dispute the existence or amount of the debt, you can request a waiver of collection of the debt (38 CFR 1.911 requires the veteran to ask the VA for a waiver of the overpayment in order for the VA to determine if collection of the debt would be against equity and good conscience), you can request a hearing on the waiver request, and you may appeal the decision of the VA denying a waiver request or a challenge to the existence or underlying amount of the debt. Veteran Service Organizations provide free assistance in these matters, you can find a list of these organizations at:
    http://www1.va.gov/vso/index.cfm?template=view

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • MILITARY BENEFITS

    my ex husband was prior military and found out that he will be receiving military benefits due to an in service injury.He has been discharged from active duty for 14 years and we recently divorced. Will I be able to obtain part of his monthy paym...

    Tonald’s Answer

    Military retirement pay may be treated as community property and therefore divisible. However, VA disability compensation is non-divisible in the case of divorce, and VA disability compensation is not counted as taxable income by the federal government. A veteran by waiver may also receive anywhere from 10 percent to 100 percent of his or her retired pay in the form of disability pay. It would appear if you are divorced and he was approved for a service connected disability after (or before) the divorce, you would not be entitled to any amount of his monthly compensation.

    See question 
  • Military Law: Breach of Contract

    If a Contract states that you will be given a promotion to a certain rank within 24 months of active duty, and you have the contract, but nobody promotes you, is that a breach of contract?

    Tonald’s Answer

    More information is needed to adequately answer your question. The way you have stated it, yes - there appears to be a breach of contract. However, enlistment contracts with regard to promotion are normally tied to the applicable service regulations (i.e. MCO xxx.xx, AR xx-xxx, etc). Check your paperwork to see if an order or regulation is mentioned. There is also normally a clause with allows the Armed Service to modify certain portions of the contract or orders for the good of the service. But, both of these will be implemented by DoD or service regulations. If you feel you are truly entitled to the promotion by contract, bring the issue up with your chain or command; if you don't get an appropriate response from them, talk to your local IG or Legal Assistance Office. Both should be able to review your contract and point you to the relevant service regulations. Thank you for your service. S/F Ed Spinks

    See question 
  • Can I sue the owner/landlord of my apartment for injuries sustained due to the floor giving way causing me to fall to the ground

    I am a 22 year old male combat vet. Due to the extreme neglect of my appartment complex, the hallway railing I was leaning against on the third floor gave way and I fell to the groung, breaking bones and nerve damage. The question I have is do I h...

    Tonald’s Answer

    Landlords in Florida are responsible to maintain properties in accordance with applicable building, health and safety codes. Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. If the landlord failed to use reasonable methods to maintain the railing and the probable result of their failure to maintain the rail was that you would fall and your fall was due to their failure to maintain the rail causing serious injury, you can file a claim for personal injury against the landlord for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. Thank you for your service to our country. S/F Ed Spinks

    See question 
  • What rights do I have against the military for having developed PTSD

    Hi I've been in the Army for a year now and I may have PTSD, I have not been in a combat zone just Boot and AIT and these dreams leave me with only 2 to 3 hours of sleep a night pluse I'm always stressed out and my grandfatehr almost died from ope...

    Tonald’s Answer

    Being in the military and being away from an ailing family member can be very stressful for anyone. You should request a medical appointment through your chain of command or chaplain (they can be very helpful in these situations). The military mental health care providers will keep your information confidential, even from your chain of command, with very few exceptions (i.e. if you are a threat to yourself or others). If you continue to have difficulties or have further legal questions, you can contact a military attorney at your base, or you can contact my office (I offer a free consultation for military members). Thank you for your service to our country.
    Ed Spinks

    See question 
  • VA diability awards

    I am a transplant patient who served in the military for 16 years. The VA awarded me 100% disability for renal failure. I appealed to make it as a permanent condition but the VA would not do it. Should renal failure consider 100% permanent disabil...

    Tonald’s Answer

    Below is taken from the Code of Federal Regulations Title 38 Part 4
    (Schedule for Rating Disabilities)
    I hope this information is helpful in your claim. It appears to me the 100% s/c disability rating should continue for at least one year after transplant and be re-examined at that point. I assume the VA will schedule you for a C&P exam at the end of the year.

    Kidney transplant:
    Following transplant surgery. 100
    Thereafter: Rate on residuals as renal dysfunction, 30
    minimum rating.
    Note -- The 100 percent evaluation shall be assigned as of the
    date of hospital admission for transplant surgery and shall
    continue with a mandatory VA examination one year following
    hospital discharge. Any change in evaluation based upon
    that or any subsequent examination shall be subject to the
    provisions of Sec. 3.105(e) of this chapter.

    Thank you for your service.
    S/F
    Ed

    See question 
  • Can I file a claim for injuries that have developed after a car accident

    i was in a car accident and now im suffering with taruma disorder,lots of fear and having bad dreams.what are the legal rights i have to file claim

    Tonald’s Answer

    If you were injured in an auto accident in Hawaii, you will need to obtain and fill out a No Fault (PIP) benefits application form from the insurance company. PIP insurance normally pays for medical expenses, lost wages, etc. that result from your vehicle accident. The law generally requires you to have sustained a certain amount of medical expenses before you can file a claim for mental anguish or suffering. Hawaii law also limits the amount of time you have to file a claim in court. You should consider speaking with a personal injury attorney, there are several in Honolulu and a few in Hilo that will provide a free consultation. You should also consult a mental health professional to discuss your symptoms and prevent this situation from getting worse.
    Aloha,
    Ed Spinks
    Lic in Florida and Hawaii

    See question