After I was sentenced I was told by my attorney that 9 months in jail is considered a misdemeanor. Also the lawyer who was representing my case for appeal didn't do much to help me to get the charges dropped. Can I get this charge expunged.
You cannot get it expunged. Military doesn't do that.
If you got less than one year confinement and no punitive discharge then you were not entitled to appeal to the Court of Criminal Appeals. You would have had two years to submit a petition to the Judge Advocate General under Article 69b, UCMJ (10 USC 869(a). You do not get a free military lawyer to do that.
A SPCM conviction can be a felony. It depends on the dollar amount of the theft and that you could have received more than one year in jail. You may in fact have a felony according to the state in which you live.
I would like to file a grievance against the army? How would I know if I have a case against them?
You have tagged the question with "military discharge."
If you have a complaint about your discharge there are two potential avenues to try and have a discharge changed: the discharge review board or the board for correction of records.
We were looking to hire the National Legal Professional Associates firm to research Jerry's case, even though we would still need to find legal representation. A little uncertain. www.SecondChanceForJerry.com
You are better checking with your state bar association for a referral list of lawyers who specialise in the type of case you have.
Most lawyers will give a free initial consultation.
you need someone who is familiar with the law in your jurisdiction, and can practice in that jurisdiction. It it is a trial case then the local lawyers will know and be familiar with the prosecutors and the judges, any local rules and procedures.
As the other poster says, research the firm first.
My attorney wants to withdraw from case. We are at a advanced stage in workers comp trial. I told her I will not accept her withdrawl and I will object in fromt of the judge. Now she is calling me and threating me, saying if I do not let her withd...
What does your agreement say about withdrawal?
There are ethical rules that might apply when withdrawing from a case is done in such a way that the client is harmed in their case.
I sued my employer because they terminated my employment and my case is discrimination due to my national origin and color.I held a Director position.I hired a lawyer.He sent my complaint to them and my demand to settle with them before taking it ...
How about scheduling a meeting with the lawyer?
Ask the lawyer for an outline of how she will approach the case now, what steps will and need to be taken.
If you are not satisfied you can seek a different lawyer.
Should you change lawyers, and depending on your fee agreement, you can expect to have an accounting of time spent on the case and billing for reasonable hours in quantum meruit.
See Mr. Rafter's comment about the other side's "strategy." They have no obligation to settle, especially if they think they have a good defense.
Make sure that whoever represents you files the appropriate documents and claims in the required deadlines.
In 2008 I was medically retired from the Army for psoriasis. At that time I was receiving VA disability and retirement pay. After a year of receiving both I found out that I was not supposed to get both payments and they took back what they gave m...
At the time of the notice they gave you information on how to pay in installments or ask for a waiver. Unfortunately, it appears you did not do that.
Waivers are rarely given. When they are there usually has to be a very strong case of financial hardship in making you pay back the overpayment.
As noted you are unlikely to have any success after so much time has gone by.
I gave an attorney $2000 of a $2500 fee to do a custody case, and after two months I fired her for failing to do her job, She kept my $2000 and is charging me an additional $1315. She made no court appearances because she was sick, she sent one l...
Mr Rafter has linked you to the Bar resolution process. You are better to follow it at this point.
Keep in mind that it depends partly on your contract with the lawyer. Is there a provision in there that specifically addresses what happens in the event the agreement is cancelled prior to completion of the representation? i have a clause in mine that allows me to bill for hours actually expended, even if it's a flat fee agreement. This is similar to the concept of quantum meriut. Maybe that's what is going on, but that might still be excessive. It has the "appearance' of being excessive if there are charges beyond the flat fee amount. But that's not a legal conclusion on my part, merely an observation of how this all looks.
Try the Bar process first. It would certainly be cheaper. I do think it looks unprofessional not to engage in communications and an effort to resolve the issue.
I got out the military a year ago and all my saving is in a roth IRA the state is now trying to seize that money after a failed attempt to seize my checking account with is all Military and VA pay so they couldn't touch it. now the state is saying...
Not a military issue.
Many states have rules on seizure of assets. It depends on the reason for seizure, such child support delinquency.
Contact a lawyer in your area who is familiar with debts to the state and what assets may be seize.
Have honorable discharge, KBK, RE-4. No reasoning why, Just prior to getting out was asked by my command to go another deployment. I declined to go because I was 2 weeks away from retirement and had just gotten back from deployment less than 6 ...
That is odd, and does appear to be connected to declining the deployment. But it could also be an administrative error..See question