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Steven P. Shewmaker
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Steven Shewmaker’s Answers

573 total


  • I'm needing assistance to fight a case for my son who was arrested & has been held in Gwinnett county since Dec 2014

    The charges are for armed robberry,robbery & 3 different theft by.... charges. Is it true the weapon must be produced? An amount or type of weapon must be stated & that he has to go trial within 2 years.

    Steven’s Answer

    No, a weapon does not have to be produced. Some evidence of armed robbery must be produced. That could be just witness testimony. If it is armed robbery, the indictment has to make clear how the armed robbery was committed (e.g. gun, knife, etc.). He does not have to go to trial within two years. He must be charged within four years of the state (or a witness who knows his identity) becoming aware of the crime and his identity. There are other things, like speedy trial by law and by constitutional rights that you are probably thinking of. What he needs (and you for peace of mind) is to consult with an attorney ASAP. Now, in Gwinnett there is no public defender per se. Some local attorney has been appointed by now. I imagine that you are not liking what he or she is telling you. getting a second opinion is a great idea, especially since armed robbery carries a mandatory minimum of hard state prison time. Call an attorney. Many of us on Avvo will do free in person or telephone consults.

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  • How to reenlist with code re4c

    I joined the Air Force less than a year ago, completed basic training. I graduated, obtained my certificate, coin, etc. then was sent to Airman Holdover. I had stress fractures in my hip and pelvis. Sat there for 3 months until I was sent home bec...

    Steven’s Answer

    I am reluctant to answer for a recruiter, because it is not a legal issue. I can speculate that the chance of getting a waiver with this RE code is slim at best.

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  • Can the Army extend my boyfriend's ets date because he's a witness in a case?

    My boyfriend has been in the Army for 8 years and his scheduled ets date was May 2016. Once he started clearing, he was advised that his date was being extended so he can be a witness in a trial. He's already provided his witness statement regardi...

    Steven’s Answer

    Cassara is right, but I wouldn't put it past some in the military to do this out of ignorance or abuse of authority.

    Go see a JAG.

    Now, he is still subject to a subpoena to testify.

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  • Should I request a BOI? Or is it automatically for an officer to get BOI for a referred evaluation report?

    My Company Commander gave me a referred Officer Evaluation Report and I would like to know if I should get a Board of Inquiry. I am also been recommended for administrative separation. I do not know that to expect right now after receiving a negat...

    Steven’s Answer

    There's not enough information here. Here's what I can tell you.

    There is a procedure for input and rebuttal to a referred OER, but it's not a BOI.

    The BOI triggers when the command, a higher command or Human Resource Command wants to consider whether you should keep serving or not. If you go before a promotion board, a referral to a BOI is likely.

    I am not familiar with an officer requesting a BOI, meaning that I have never heard of it happening and am doubtful it can happen.

    These days, if you got a referred OER it's best that you start planning for life after the Army. If you are near the 20 year mark, and don't get promoted, it may be worthwhile fighting separation at the BOI.

    You should consult with an attorney now.

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  • Can I get an article 32 for standing up for the president?

    A retired soldier said that the president, his family and civilians should commit sucide. I stood up for the president.

    Steven’s Answer

    Well, it depends. If you "stand up" for the President by busting out his teeth, you may find yourself in some trouble. THE BEST thing to do is smile, take a deep breath and walk away. If you must respond, just say "I do not share your opinion."

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  • Can a soldier be released from active duty after being determined non deployable.

    While on orders at Camp Shelby, I was given orders to go with my unit that was being mobilize to go to Iraq. So while during training I my knees stayed swollen and I re injured my back. It made difficult to stand or march in formation or climb ...

    Steven’s Answer

    Yes, they can do this. The military has several criteria for deployability. Some of these criteria are medical. If you cannot meet deployability criteria, the command has discretion, and in some cases this is mandatory, to not deploy you. This is not personal. This is business. Keeping you home is for your own safety and for the safety of the others in the unit.

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  • If my boyfriend was discharged from the Marines due to a prior anxiety problem, is it possible for him to re-enlist ?

    He made it through all the training, graduated from Pendleton but when he was on leave getting ready for Twentynine Palms mos he got a call from his recruiter saying that he wasn't eligible and he was going to get medically discharged. He was told...

    Steven’s Answer

    Impossible to say here with accuracy. Best thing is always to seek out the recruiter. If "his" recruiter is unhelpful, then seek out another. Lord knows there are plenty of them all over the place. They have great incentive to get recruits into the pipeline, so a second opinion should tell you a lot.

    His discharge basis and his reenlistment code are key.

    I hope that helps a little.

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  • My command is forcing me, after already punishing me, to live in a room contaminated by sewage spill, is it legal?

    After being punished by an infraction by my command, myself and several other have been told to live in barracks rooms recently flooded by a sewage spill that we also had to clean up. We weren't given any gloves or PPE for the cleanup and now we h...

    Steven’s Answer

    If your command is not concerned, you have two most likely conclusions. One is that the room really is clean now, and you are overreacting. The other is that the command is being negligent. If it is the latter, you may seek out the inspector general at the installation and make a complaint. I would only do this after addressing it under the commander's open door policy. I expect that the command will probably do what it takes to make sure the room is clean and the sewage spill is unlikely to recur. Be advised, that seeing the commander on the open door policy and going to the inspector general may draw negative attention upon you. But sometimes you have to do what you have to do. Only you know if it is really as bad as that.

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  • Can I have my discharged changed to honorable from a General under Honorable?

    I enlisted in the US Navy in 1968. I was discharges in 1969 with a General discharge under Honorable conditions. I am receiving VA benefits but AAIA will not give me insurance. I was very immature when I enlisted. My 2 sons served, 1 in Afghanistan.

    Steven’s Answer

    Listen to Mr. Early. It's Sunday. Mr. Early is always right on Sunday's. Pity that there is no court on Sunday.

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  • Can I divorce in Texas if I am stationed in over seas for 9 months& how would the process work if allowed, if I am not present?

    We are both military, different branches and married for just a year. We have not resided together as of yet. There is no community property or things of that sort. We were married in El Paso but both are residents of Houston Harris County Texas.

    Steven’s Answer

    Jurisdictional rules vary enough that you need to contact an attorney in Texas. Go see your unit judge advocate. He or she can contact the American Bar Association LAMP Committee for a local referral.

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