Archived
Does anyone know if precedence exists where an unjust application by a CO of Article 15 at-sea was later successfully appealed?
Philip's answer
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Answered on May 16, 2016
Yes. I have had this happen as a defense counsel.
Also, as a sea going judge advocate I have recommended setting aside a NJP, and seen them...
Archived
Can we legally do anything to obtain the flag?
Philip's answer
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Answered on May 16, 2016
I think the next of kin usually means the surviving child or children under these...
Archived
Who do I contact to get a summary court martial dismissed, due to several errors on the charge sheet that make it void.
Philip's answer
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Answered on May 14, 2016
Unfortunately you are past the statute of limitations for an appeal of the SCM.
I think you are likely looking at a Navy Discharge Review Board...
Archived
Can i appeal the appeal? Can i get a lawyer?
Philip's answer
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Answered on May 11, 2016
Your appeal of the NJP is exhausted.
If it is less than 4-6 months since the imposition of punishment you could try to get the reduction set-aside...
Archived
Can I see the recommendation and findings from the investigating officer?
Philip's answer
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Answered on May 08, 2016
You will be allowed to have a copy of the investigation if they decide to take action, for example an Art. 15.
If they decide to do only a...
Archived
Is an attorney allowed to lie to cover up his client's wrongdoing, when he knows what his client has done?
Philip's answer
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Answered on March 06, 2016
As a general rule, an attorney is required to be honest and truthful with everyone.
You'd need to have specific advice from a LA lawyer on the...
Selected as the best answer
Archived
Can I file small claims court case against the VA????
Philip's answer
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Answered on March 06, 2016
Not a small claim.
You need a lawyer who deals with VA claims and also the federal court of claims.
There are a number of good ones on AVVO,
Archived
What is going to happen now? Can he be punished? We do not know what to expect or what will happen.
Philip's answer
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Answered on March 01, 2016
His TDS attorney should seek a delay in the Board hearing.
Is the BOI for the failure to report or for the underlying conduct for which...
Archived
I need to change the Federal Judge on my case now , what should I do ?
Philip's answer
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Answered on February 22, 2016
This is the kind of issue that needs help from a lawyer.
If there is a basis to challenge the judge and ask for recusal a lawyer will be able to...
Archived
What is the likelihood of me receiving and upgrade from a General discharge to and Honorable discharge?
Philip's answer
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Answered on February 14, 2016
Low.
It's the Navy Discharge Review Board.
You need to "prove" that it is for a medical reason beyond your control that is giving you...
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