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Philip Douglas Cave
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Philip Cave’s Answers

2,068 total


  • Can I join the army if Im illegal?

    hi guys so I been thinking about joining the army. I came to the u.s legally, I was 17 and my visa has expired. Im 24 now.

    Philip’s Answer

    No.

    http://www.goarmy.com/benefits/additional-incentives/mavni.html

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  • Can someone be charged for having a nude photo of a minor on their phone?

    If you started texting someone who told you they were 19, then revealed they were 17 and later sent you an unsolicited nude photo, can you be charged? They are now asking for money and it is believed this is a scam. If the person goes to a lawyer ...

    Philip’s Answer

    You need to talk to a criminal lawyer.

    Yes it's a violation for under 18.

    There is a defense under federal law, but there's action you need to take now. Only an experienced criminal lawyer can get you through this.

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  • What is a pretrial motion scheduling order?

    An email was sent to the lawyers from the judge about a pretrial motion scheduling order. It gives us dates until when we should file pretrial motions, respond to pretrial motions, and file replies to the responses. At the end of the email, it is ...

    Philip’s Answer

    It is what it says. It sets dates by which type of action must be completed.

    If there is a risk the attorney cannot comply with that date (usually for circumstances beyond their control or an intervening event), then a best practice is try to get the date changed "for good cause." And to request an extension of time as early as possible.

    And your attorney should explain this to you--ask.

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  • Can an attorney have a separate AVVO page for each state he's licensed in if he's practicing actively in those states?

    Can an attorney have a separate AVVO page for each state he's licensed in if he's practicing actively in those states?

    Philip’s Answer

    The terms of service do not address that. So it seems they can or can not. That's lawyers answer. If it is of concern to you, check with AVVO direct.

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  • Is it a good sign that my case was remanded to the ABCMR? What normally happens when the court remands the case to the ABCMR?

    I filed an appeal with the ABCMR over a year ago and they granted a partial relief. The ABCMR did not explain as to why they only gave me partial backpay but backdated my date of rank from 2014 to 2012. They backdated my date of rank for time that...

    Philip’s Answer

    It depends.
    It depends on the reasons for the remand. You and your lawyer should study the remand order, anything submitted by the government, and see whether there is a way to make sure the evidence and issues are properly readdressed with the ABCMR.

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  • Is there anyway to get out my military contract.

    I joined back in March but the past month after attending pre-basic I decided that it's something I don't want to do with my life. Joining the military was a last min decision for me cause I felt there was nothing else but my heart and mind are ma...

    Philip’s Answer

    Possibly. It depends on where you are in the process.

    Check this out. http://girightshotline.org/

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  • Can an honorable dischsrge be revoked after youve been out for 6 months?

    Theres an investigstion going on and my name got brought o Up, iv e been out for 6 months now.

    Philip’s Answer

    It depends on several factors. If the investigation was ongoing when discharged they might claim a fraudulent discharge or administrative error. There has been at least one court of appeals case in which that happened, and the court affirmed the conviction.

    DO NOT TALK TO INVESTIGATORS OR ANYONE ELSE ABOUT THE ALLEGATIONS. REMAIN SILENT AND EXERCISE YOUR RIGHT TO COUNSEL.

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  • With Duel Canadian-American citizenship, can you become an officer in the US military without renouncing Canadian citizenship?

    With Duel Canadian-American citizenship, can you become an officer in the US military without renouncing Canadian citizenship?

    Philip’s Answer

    I became an American citizen after coming here from England. The renunciation is effectively part of the oath taking ceremony. I then obtained a commission in the U. S. Navy, and served for 20 plus years.

    Were you to continue to claim dual citizenship you'd be denied a security clearance. All commissioned officers are required to have at least a secret clearance these days.

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  • Is there any "pro bono" lawyers in Louisiana who can represent me? Is there any free legal aid?

    I have a criminal case I need solved right now but cant afford an attorney.

    Philip’s Answer

    Contact the Louisiana state bar association (perhaps their website) and the local bar association. They often maintain lists of attorney's willing to do pro bono or low fee representation. And if you have a law school near you, they sometimes have student / professor clinics for low income people in some areas of the law.

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  • How can I move my gf out with me?

    I live with my gf (18 in Oct) and her family. I'm moving out here soon and I want to take my gf with me. Rent of place the military will take care of and I earn enough to live well off of. My gf has dyslexia and supposedly has MR, but you cant tel...

    Philip’s Answer

    If she is old enough to marry and is otherwise mentally competent, then she can move to be with you.

    Keep in mind that if you are not married, you may be required to live in the barracks and not be allowed to live off base and get off base housing allowances. It depends on the paygrade and availability of quarters.

    If married, you be entitled to on-based housing or a housing allowance if living off base. In addition, she would be registered with and be entitled to TriCare medical care.

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