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Steven P. Shewmaker

Steven Shewmaker’s Answers

570 total

  • Whats the process to get this chapter of my life behind me

    i was arrested in Jan 2015 after being pulled over by the police after there was a warrant out for my arrest since 2012 in Dekalb County that I didn't know about . But it's now March of 2016 and my case still have not been indicted. It's been 4 ye...

    Steven’s Answer

    There are a lot of variables here. Your process starts with sitting down face-to-face with an attorney and talking this thing out. You cannot hope to get strong answers to such a vague, open-ended fact pattern. Nothing takes the place of a face-to-face meeting with an attorney. Do this right away.

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  • I am in the military and i do not make a lot of money what could i do?

    My ex wife divorced me while i was overseas l,and now she will not let me see my daughter. I have numerous interfering with child custody reports done on her. And i am paying child support.

    Steven’s Answer

    First off, do you have any rights to see this child under the terms of the Final Judgment? Many is the case where these quickie divorces go down and the judge does not address it or deprives you of it. If you were in my office, I would say, "Stop stop, hold the phone here. SHOW ME where you have any legal right to see this child." After that, I would go to step two, which is creating a body of evidence that she is willfully depriving you of a right under the court order.

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  • Can I wear it in public/private?

    I have a WWII era tank destroyer uniform on display, is it okay to wear the jacket?

    Steven’s Answer

    Yes, just don't tell anyone you fought in WWII to gain anything of value from them, unless you did.

    But remember, just because you can wear it does not mean you should wear it.

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  • What should I do in this situation cause TDS isn't much help with answering my questions. They aren't the brightness here.

    "I am getting a chapter 14 for failing a drug test for thc. I am also at the end of my med board. I know there are quite a few soldiers in my unit that have been given a second chance and had the chapter suspended as long as they stay on a good pa...

    Steven’s Answer

    Yes, you need counsel who can diplomatically look into this for you. Your chain of command can consider a wide range of factors in reaching a decision about what to do with you. I am hesitant to say that you are being treated unfairly without knowing a lot more about your case.

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  • Can someone help me?

    I was charged for a burglary in 2012, because I dropped my friend off at someone's house, did not wait or pick him up, but apparently he robbed them. So I am being charged as well. Àlso again in 2014 a burglary and meth charge because there was a ...

    Steven’s Answer

    Avvo is not better than a face-to-face with a lawyer. If you are unhappy with your lawyer, go find another. Asking lawyers on Avvo if your real lawyer is not doing you right, is silly.

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  • What can I do?

    Going through a divorce me and my wife been married almost a year she is in the military. Now she want a divorce out the blue I been paying on all the furniture and tvs in the house and my truck but it's all in her name now she want to take it w...

    Steven’s Answer

    First, you can demand interim support under Army Regulation 608-99 which is roughly the equivalent of her non-zip code basic allowance for housing. You can make this demand now through her company commander, and you will most likely get that.

    Second, you can hire an attorney. Asking for advice on here is nice, but it is no substitute for speaking to an attorney face-to-face. It is worth your time and money.

    Third, before you meet with any attorney, put together a wish list. List what you would like to get out of your divorce.

    Many attorneys on Avvo will speak to you.

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  • Can they give me a RE4 code on my reenlist entry from a article 15?

    I was discharged from the navy on Feb. 19, 2016 from my former command because a sailor at a previous command accused me for taking her laptop in June 2014. I nor my previous command was ever notify about this accusations. I don't understand how t...

    Steven’s Answer

    If your assignment at the time of the Article 15 was a ship or boat (even if not underway), you could not have refused Article 15.

    Unfortunately RE codes are not subject to review by the Discharge Review Board or the Board of Corrections.

    This is a case where your assigned counsel should have worked it hard at the start. Maybe he/she did all they could for you.

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  • How do I get out of the national guard in a quick, timely manner?

    Well, I want out of the national guard. I'm in arkansas, I've been in going on two years now, I've failed multiple pt tests including at least one record pt test, I'm not over weight so I can't fail the tape test to get out. I'm terrible bad at my...

    Steven’s Answer

    Well, I would love to talk you out of this. There is tremendous virtue in finishing what you agreed to do. However, recognizing that there is a small percentage of people who want out at all cost, and do not care about the discharge or other consequences, here are some ways to do it:

    1. Just stop showing up. This is probably the best option. They will code you as absent and separate you, probably general under honorable, bit possibly other than honorable. I know there is trepidation about the unit sending the police out to get you. That is so incredibly rare.
    2. Flagrantly fail your PT test. Eat all the donuts you can find and fail height and weight. Deliberately fail to qualify on the range. These will trigger all sorts of rehabilitation, and that can be time consuming. In the end, if you continue to fail, they will administratively separate you, probably general under honorable.
    3. Come to drill and slap your First Sergeant. Not a good idea. He might just kick your ass. Assuming your state has an inactive state UCMJ, they may have the local police charge you with an assault/battery charge. In the end you might catch a misdemeanor, but it would probably be dismissed through diversion if you have a clean record.
    4. Come to drill and light up a fat blunt or snort some cocaine off the back of your First Sergeant's desk in his plain view. See my response above. There is slightly less of a chance that the police will be as kind to you, but the story would be awesome.

    Why not just straighten up and stick out that enlistment?

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  • If not court orderd Wil my p.o. drug test me for a misterminer shoplifting charge having never been in trouble before.

    I was put on probation for shoplifting in Georgia. It's my first time being in trouble. The Judge did not order drug and alcohol testing. So what are the chance's of my probation officer testing me? And if I complete my community service and pay m...

    Steven’s Answer

    Chances of at least one drug test are very high. Don't do drugs. If you fail the test, the judge can violate your probation potentially to serve the balance of your misterminer probation time remaining. Don't do drugs.

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  • Can I void my end of the contract since they have failed to uphold theirs?

    I have been with the Georgia Nation Guard for going on 11 years now and I was wondering if you could help me. I reenlisted in Afghanistan in 2014 and was suppose to receive half of a $10,000 tax free bonus by April of 2015. It is now Febuary ...

    Steven’s Answer

    No, you cannot just go AWOL (or UA) and walk away. What you can do is send your commander a detailed letter of grievance. If that does not solve things, you can make a complaint with the Inspector General. These are remedies to get your bonus. They are not remedies to get out of the national guard early. You are going to have to do your time, as you agreed.

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