How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16088
Experience:  Lawyer and current JAG officer.
20011183
Type Your Military Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

A wrong accusation of fraternization has been made by a jealous

Resolved Question:

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: 3 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 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 3 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 3 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., Lawyer
Category: Military Law
Satisfied Customers: 16088
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 3 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 3 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 3 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 3 years ago.
You would be able to have to your attorney, if they charge you, look that up for your defense.
Customer: replied 3 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 3 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 3 years ago.
Do you get the tip or does the site get the tip?
Expert:  Allen M., Esq. replied 3 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 3 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 3 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 3 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 3 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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
 
 
 
Chat Now With A Military Lawyer
Allen M., Esq.
Allen M., Esq.
JAG officer and professor of law
4220 Satisfied Customers
Lawyer and current JAG officer.