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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19103
Experience:  Lawyer and current JAG officer.
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A wrong accusation of fraternization has been made by a jealous

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A wrong accusation of fraternization has been made by a jealous ex girlfriend. There has been phone conversations and text messages between supervisor and subordinate, all counseling and lending an ear to a subordinate that was actually suicidal. What should I do when brought in for questioning?
Submitted: 5 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 5 years ago.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

You should invoke your rights under Article 31 of the UCMJ and ask for representation. They won't give it to you, because they haven't charged you but you still need to ask for it.

Then they can't question you until after they have made their own case. THEN cooperate to the extent that your counsel tells you to.
Customer: replied 5 years ago.
Because the ex actually committed a federal offence by breaching my privacy and looking into my medical record she is in trouble. Apparently, when she was questioned she made allegations I am not aware of. However, apparently her command contacted NCIS. What type of information can NCIS look at i.e. my personal computer (which has this on it, but other than that nothing else), my cell phone bills and records, and or my personal e-mail (which I have never communicate with the service member through any personal e-mails, all e-mails were from work and of a work nature)?
Expert:  Allen M., Esq. replied 5 years ago.
They can look at any of those things if they can obtain a warrant from a military law judge.

If they have an accusation of a relationship, they can certainly look into any of those things.

Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 5 years ago.
The ex-girlfriend created a false account under my name and wrote him 1 e-mail to his personal e-mail (which I never had), if NCIS investigates is there any way they can see that it was her who actually created that account. I think that would help my case because it would show it being created and used only during the time that she actually committed the breach into my record. Also, if all there is are phone calls and text messages that can be explained but nothing else, do you think it is fair and reasonable to say that if there was an inappropriate relationship there would be more than just that, and therefore I have a good chance of this being dismissed?
Expert:  Allen M., Esq. replied 5 years ago.
They would be able to see an IP address, if she used a different computer to create the account.

They'd have the burden to prove it was you anyway.

In terms of "fair and reasonable" that is not an argument that gets things dismissed. Sure, it may ultimately win, but to get something dismissed is very hard. They'd essentially have to present no evidence at all.
Customer: replied 5 years ago.
They have the burden to prove it was me, however, because I know it was not me, I would want them to look that up. Can I make those types of request?

I am a great officer with a great reputation and truly haven't done anything wrong. According to the sailor, when his girlfriend saw a military picture of me shaking his hand at his re-enlistment (as his re-enlisting officer) "she went crazy". He said and I believe, that it is because of the way I look. Could that be used at all as a defense? No one has questioned me or anything yet. Should I go to the JAG at my command before they approach me and request representation? I know for a fact that the ex-girlfriend submitted an accusation of fraternization but also she is friends with the LN1 at my command. I am truly concerned for the integrity of this investigation on my behalf. I don't want to offend anyone though by bringing this up, but this is my career I am fighting for. I have an EVAL coming up in a few months and I go up for promotion next year. I don't want an unfair allegation to ruin my 15 year career.
Expert:  Allen M., Esq. replied 5 years ago.
You would be able to have to your attorney, if they charge you, look that up for your defense.
Customer: replied 5 years ago.
OK, earlier I was asked if I wanted to pay you a tip, I declined it because I knew I had more questions and wanted to wait until the end to decide on the amount. However, for tonight I have no further questions and would like to pay the tip. How do I get back to that screen? If I hit the accept answer it wants to charge me another $38 fee.
Expert:  Allen M., Esq. replied 5 years ago.
I'm sorry, but when you decline to leave a tip at the point that it asks you, I'm assuming that you simply miss that chance.

I suppose I could report to customer service that you wanted to leave a tip for whatever amount you typed here. They would then see it and could process that for you.

I'm just an independent contractor here. I have no control over the charging of funds.
Customer: replied 5 years ago.
Do you get the tip or does the site get the tip?
Expert:  Allen M., Esq. replied 5 years ago.
We split the tip, though I receive proportionally more. It's against the terms of my agreement to discuss any specific figures.
Customer: replied 5 years ago.
OK, well provide them that they are allowed to charge me a 20% fee. Thank you and good night.
Expert:  Allen M., Esq. replied 5 years ago.
I'm sorry. I don't know what that means.

If you just put a dollar figure, I think that would be more clear for everyone.
Customer: replied 5 years ago.
I was going based on the figures and % they put on the tip page. I guess an extra $15 on top of the $48 they are charging me.
Expert:  Allen M., Esq. replied 5 years ago.
Sorry. I wasn't trying to be difficult. That's very generous of you.

I'll inform customer service, which will lock the question.

Please don't respond. Thank you.

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