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Philip Douglas Cave
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Philip Cave’s Answers

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  • I need to find a divorce lawyer EXPERIENCED with military law in the Fort Myers area

    Please no lawyers that do not know anything about military law

    Philip’s Answer

    If you are a servicemember or spouse with an ID card you can go to the on base Legal Assistance Office.

    You may get free initial counseling there. They will have a list of attorney's in the area who are familiar with divorce involving military personnel. Like us, they cannot make a specific recommendation. But it's a start.

    You might start here?

    Eglin Air Force Base - Valparaiso, Niceville
    * Hurlburt Field - Fort Walton Beach
    * MacDill Air Force Base - Tampa
    * Patrick Air Force Base - Cocoa Beach
    * Tyndall Air Force Base - southeast of Panama City

    The primary reason you need a lawyer familiar with "military" divorces is retirement and benefits. This will depend on how long you are married and how long the person has been in the military during that marriage.

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  • Can I get a 5150 expunged with the support of my parents, my doctor an a military recruiter?

    Civil expunge 5150

    Philip’s Answer

    A military recruiter cannot help with this other than tell you whether you might qualify for enlistment.
    Note that when you report to MEPS you'd have to disclose that as part of your medical history. There are limitations on enlistment due to past or current medical or mental health conditions.

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  • My son was convicted at a court martial this week, can we appeal

    My son got a 2 year sentence for sexual assault. Can we appeal and what are our chances of success?

    Philip’s Answer

    1. His appeal is automatic under Article 66(c), UCMJ.
    2. His appeal will go to the Court of Criminal Appeals in the DC area for his Service.
    3. In the military, that court can act as a "second jury." That's not what the statute says but that's a good way to interpret it. They can also look at other legal issues.
    4. If the appeal is denied at the CCA then there is a right to petition the Court of Appeals for the Armed Forces.
    5. In some very limited situations there is an appeal to the US Supreme Court. Have one now.

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  • Can a TS clearance reveal a dismissed infraction?

    Hello I am trying to get Into the navy nuclear program which currently isn't accepting waivers for marijuana use. I was given a ticket for possession of marijuana while driving in California which is an infraction. I was never arrested or fingerpr...

    Philip’s Answer

    Yes. There are questions on the SF86 clearance application specific to drug issues. Look at it closely.

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  • A call from a lawyer saying he/she represent the other party, question

    is it an acceptable practice for a lawyer to the other party stating he/she represents the defendant when in fact he/she had not yet been retained by the other party?

    Philip’s Answer

    Depends on the circumstances. And it's a matter between the lawyer and the client whether or not they have a ongoing relationship.

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  • Need a military lawyer who understands Army National Guard Technician Program.

    I was discharged in April 2008, and was not seen by a MEB (medical evaluation board) which is not by regulations! I know that I have a great case, just need a good attorney who knows military law!

    Philip’s Answer

    The rules can be complicated when there are medical conditions and other issues.
    For example, if a person is facing misconduct and medical issues the general rule is that misconduct processing can trump MEB processes already underway.
    So part of the issue is knowing why you were discharged. There would be other facts to develop before considering an ABCMR petition.

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  • Do I need a lawyer for an Article 15?

    I have a Article 15 with the General next week. I am a Captain with 6 years. I am going to accept it. My co-accused hired a civilian lawyer. I think it’s a waste of money since I am guilty. Is there a point to having a lawyer for an Art 15? I just...

    Philip’s Answer

    How you present your case at the Art. 15 will affect the punishment, and most importantly how you are dealt with after.
    In this day and age an Art. 15 for an officer is most likely going to be followed by an adverse evaluation, and administrative elimination actions. The quality of the discharge will be important in the future.
    There is no guarantee any lawyer civilian or military can improve your situation. We've all had cases where we have been able to help and cases where it didn't seem to make a difference.
    But, it's the collateral consequences from the Art. 15 that are also going to be significant and may need help with navigation.

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  • NCIS wants to talk to me what should I do?

    I’m in the military (Navy) and my friend got into trouble with marijuana and NCIS wants to talk to be. I think he gave them my name. I didn’t do anything wrong so I don’t know why they want to talk to me.

    Philip’s Answer

    They want to talk to you as a potential witness.
    You should be careful. You don't know what your "friend" said. It would not be unusual for a "friend" to dump on other friends as a way to reduce their punishment.
    If you knew about your friends alleged drug use, that may, I say may, be problematic.
    Better to go in there to tell them you have a lawyer and they should talk to that lawyer first.

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  • Someone with military understanding would be helpful (UCMJ/Lautenberg Amendment).

    Does the Lautenberg Amendment apply to SM who have a MP file that state "opinion that sufficient probable cause exist to believe that XX and XX committed the offense." The offense is listed as Domestic - Simple Assault - Consummated by a battery (...

    Philip’s Answer

    No.

    It's not a conviction, merely the MP investigator "founding" the allegation for investigative purposes.

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