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Philip Douglas Cave
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Philip Cave’s Answers

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  • How much time can a person get for transporting illegals (1st time doing this). Has a active warrant for violation of parole.

    Husband has violation of parole and was caught transporting illegal in del rio. How much time is he facing..

    Philip’s Answer

    If he hasn't done so already he should talk to a lawyer in town who deals with parole violation issues and immigration cases.
    That lawyer will be able to explore the facts and come to a reasonable assessment based on all of the facts.

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  • I am going through a divorce, my attorney will not answer me

    My attorney won't answer me, my ex husband has a restraining order on him he is in contempt of court, and stopped paying the house hold bills what can I do

    Philip’s Answer

    Client communications are an important part of representation.
    Schedule an office visit with him/her and outline your issues and concerns, especially about communications.
    Sometimes a client might find it better and advisable to retain a different lawyer.

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  • Can I join the Navy if there's a protective order against me?

    There's a protective order against me but in the final order the court had found no findings because the person and I came to an agreement. I know that you can't have a gun if there's a protective order against you but I've heard a lot about waive...

    Philip’s Answer

    You should talk to the recruiter.
    It's possible they may look at this underlying conduct as a bar to enlistment. There are some ways to get a waiver, but if there's family or personal violence involved you may have a hard time getting in.

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  • Where can I find my arrest record in my military record of trial

    I'm sponsoring my wife's green card and the USCIS mailed me a letter asking for: "According to your divorce decree and your testimony, you indicated that you were arrested and convicted by a Military Court Martial for sexual assault (a domest...

    Philip’s Answer

    You need to do the following.

    Submit a FOIA/PA request to the Law Enforcement MCIO that did the investigation (NCIS, CID, etc.) They will send the case file (redacted for PII). That give's you the "Titling" information.

    Your military defense counsel should have provided you a copy of the "Results of Trial" and also you should have received a "Court-Martial Order" where the convening authority approved the findings and sentence. You can send a FOIA request to the Court of Criminal Appeals for your service and they should be able to provide the CMO, it's in the record of trial.

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  • When am I supposed to receive a response about the Inquiry? If I need to appeal my OER, would it be with HRC or with the ABCMR?

    I received a referred OER with a lot of errors. I requested a Commander's Inquiry and never received any response. I requested the inquiry over 4 months ago. I was supposed to have change of rater and an intermediate rater because the officer who ...

    Philip’s Answer

    Before going to ABCMR youmust first exhaust your other remedies. Those remedies, as Mr. Green notes, are laid out in the AR governing OER's.
    Go read the AR, and it reads like you should get help.

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  • How does child custody work in the military?

    My ex husband and I have split custody of my son but I am getting re-married to someone in the military. How does custody work if we have to move away because my of my new husbands job?

    Philip’s Answer

    You should talk to a CO family law attorney.

    There are some rules for child custody where a parent is in the military and is changing duty station.

    But the military does not regulate that. Everything is based on state law. You will likely have to go back to court to modify the custody conditions which would allow you to move the child out of state.

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  • How do I get a judge to recuse himself from overseeing a case where his niece is involved with the person charged?

    My brother-in-law is being tried by a judge that he is involved with his niece who lives with the judges mother.

    Philip’s Answer

    You should talk to your lawyer about this. There are some general rules that might apply, but will also be dependent on what the law is in PA.

    1. Under the usual rules of ethics for judges, a judge can recuse himself if he sees a potential conflict of interest. This is considered a sua sponte recusal. This is often waiveable under some limited situations.

    2. Usually, you can file a motion for the recusal. That motion would state the factual reasons for raising the request, and arguing the law of why it is the right thing to do. If the judge grants the motion, then its over. If the judge denies the motion, then you MAY have an issue for appeal that the judge abused his discretion in declining to recuse himself.

    3. Talk to your PA lawyer or get a PA lawyer consultation on this because all jurisdictions have local rules that may apply.

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  • Is it considered a conflict of interest if I had a free consultation with an attorney that ended up representing the other side

    I had free consultation with bankruptcy lawyer but ended up hiring a different lawyer. Then the lawyer that I did not hire ended up representing one of my creditors in my court case.

    Philip’s Answer

    It depends on how the Georgia Bar views the initial consultation. Is it considered sufficient in that jurisdiction to form an attorney-client relationship, or is it at least confidential, and is it waiveable.

    Simple question, complicated answers depending on the facts.

    Plus, you current lawyer would be the best person to discuss this with.

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  • Can I?

    My attorney divulged information to me and my fiancé about another client of hers; she told us all abut her not being paid, the client's personal information....where she lived, her house, where she worked and her intentions of suing her. She wan...

    Philip’s Answer

    Like Mr. Collins, I think this is something you may want to report to the Bar and let them decide the best way to approach it.

    Certainly disclosing information about a client or another client may/may violate the rule of confidentiality.

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  • Should I receive a written notice explaining if my rebuttal was approved or denied? Or do they just say yes or no? Military law.

    I received a GOMOR and submitted a rebuttal. I had 7 days to respond. I am now awaiting to see if my rebuttal will be considered and awaiting my separation paperwork. The reason was because I was charged with assault and my Command wants to separa...

    Philip’s Answer

    You should get a written answer which will be a granted or denied statement, nothing else.
    As noted, if it wasn't already give you, then will serve the appropriate separation notice.

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