Stephen Hayes Carpenter JR’s Answers

Stephen Hayes Carpenter JR

Seattle Military Law Attorney.

Contributor Level 9
  1. DUI Fort Lewis

    Answered about 6 years ago.

    1. Bruce Roland Busch
    2. Stephen Hayes Carpenter JR
    3. John Andrew Campanella
    4. William C. Head
    4 lawyer answers

    You will be provided with Trial Defense Counsel (TDS) counsel after your "first" reading of the article 15 with your commander. You may hire a civilian lawyer, but that will be at your own expense. Typically, unless the case is a great case, and you turn down the article 15, a civilian lawyer might not be worth the cost.

    2 lawyers agreed with this answer

  2. I had a friend charged with 18 USC 113 Assault within maritime and territorial jurisdiction.

    Answered about 4 years ago.

    1. Stephen Hayes Carpenter JR
    2. Christian K. Lassen II
    2 lawyer answers

    Actually your National Guard friend may still be subject to court-martial. When a member of the Guard has been ordered to active federal service with the consent of the state, the period of service subject to court-martial jurisdiction includes any extensions of such service authorized under the Manual for Courts-Martial or other applicable rules and regulations, regardless of whether the state formally consents to the extension of a particular individual. United States v. Self, 13 M.J. at 135....

    1 lawyer agreed with this answer

  3. How does the military view infidelity by a married military officer? From this act, a child was born.

    Answered over 5 years ago.

    1. Stephen Hayes Carpenter JR
    2. Eric Michael Allen
    2 lawyer answers

    The Army does not look kindly on adultery, but ultimately the decision as to whether or not to prefer charges will rest in the hands of his command. If the officer faces a court-martial, and is convicted, the maximum sentence is a dismissal (dishonorable discharge), one year of confinement and total forfeiture of his pay and allowances. According to Army Regulation (AR) 600-99, the officer will also be required to pay child support if two conditions are met. First, paternity is established by...

    5 people marked this answer as helpful

  4. What are the consequences of a general discharge from the military

    Answered over 5 years ago.

    1. Stephen Hayes Carpenter JR
    2. Tonald Edmund Spinks
    3. Eric Michael Allen
    3 lawyer answers

    You will lose your GI Bill, all educational assistance (See, e.g. 38 United States Code 3011) and all civil service retirement credit. The good news: a general discharge is a "honorable discharge". However, as a E-7 I would request a board!

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  5. I'm AWOL from the Army and scared,What do i do?

    Answered over 5 years ago.

    1. Kevin Barry Mcdermott
    2. Stephen Hayes Carpenter JR
    2 lawyer answers

    The best thing to do is contact a civilian attorney who specializes is military law in the state where you are posted. He can then contact your chain of command to see if they intend to chapter you, court-martial you or simply give you NJP. Typically, the maximum sentence for a AWOL (Art. 86) is directly tied to how long you were gone for: more than 30 days? 1 year plus BCD/DD; more than 30 days plus terminated by apprehension? 18 months plsy BCD/DD etc. Often times your rank, duty performance...

    4 people marked this answer as helpful

  6. What are my chances of getting her sentencing over-turned? Does she have any rights?

    Answered about 2 years ago.

    1. Jim Mitchell Medley
    2. Philip Douglas Cave
    3. Stephen Hayes Carpenter JR
    3 lawyer answers

    As noted by Mr. Cave, your daughter's case will be subjected to automatic appellate review by her service's appellate coourt. She will also have the opportunity to submit matters in clemency to the Convening Authority. These matters are called RCM 1105 matters. Her military lawyer will aide her with the clemency.

    1 lawyer agreed with this answer

  7. Can a commander delay an article 15 for me to deploy, and give it to me when I return after 6 months?

    Answered about 4 years ago.

    1. Chuck R. Pardue
    2. Stephen Hayes Carpenter JR
    2 lawyer answers

    Yes, your commander can delay the article 15. And as my learned counsel above essentially states, take advantage of the reprieve, do good things downrange, and then perhaps all will be forgotten. With regard the the law you should understand two things. First, Army Regulation (AR) 27-10, chapter 3-8(b) states article 15s cannot be imposed after you PCS or transfer to another unit, outside your present "commander's command." Second, Article 43, Uniform Code of Military Justice (UCMJ), holds that...

    1 lawyer agreed with this answer

  8. I was discharged from Navy with OTH in 2003. Im tring to get into Army. Is there anyway to do so?

    Answered over 5 years ago.

    1. Hugh Edward Garrett
    2. Stephen Hayes Carpenter JR
    2 lawyer answers

    You may request an upgrade of the characterization of your discharge, a revision of the narrative section of your DD-214 and a change in your reenlistment code from a RE-4 (may not reenlist) to RE-1 (reenlistment eligible). Unfortunately, the statute of limitations to file for relief with the Navy Discharge Review Board and the Board for the Correction of Naval Records is three (3) years after your discharge. You can still make a request for relief, but you will have to show a "grave...

    2 people marked this answer as helpful

  9. Can my husband be saved from being accused of rape in the military?

    Answered over 5 years ago.

    1. John M. Kaman
    2. Stephen Hayes Carpenter JR
    3 lawyer answers

    This is an incredibly difficult situation. The only thing I might suggest is offering CID (the criminal investigators)a polygraph to prove your husband is innocent, and that you were lying.

    1 lawyer agreed with this answer

  10. Can my husband be saved from being accused of rape in the military?

    Answered over 5 years ago.

    1. John M. Kaman
    2. Stephen Hayes Carpenter JR
    3 lawyer answers

    This is an incredibly difficult situation. The only thing I might suggest is offering CID (the criminal investigators)a polygraph to prove your he is innocent.

    1 lawyer agreed with this answer

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