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Recent military law questions

I was debarred from the base . It was

Hello, I was debarred from the base for misconduct. It was alleged that committed rape, but the charges were dropped. They should have been dropped because there was no rape.JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No I haven't, on this military base the CO is the authority, which means there is no burden of proof. Since there in no trail, no jail time and they don't take any money, nothing has to be proven. Even though the charges have been dropped, they say there is nothing I can do. Is that true?JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Is there anything else important you think the Criminal Lawyer should know?Customer: It's to much for me to write here, but if I could send an email with everything it would help you understand the situation.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.

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Marsha411JD

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My boyfriend has been working in the USA military base

HelloMy boyfriend has been working in the USA military base in south korea for almost 6 months already. Two months ago he got into a fight at a bar with a korean civilian, this person sued my boyfriend but after paying him $7000 he did not present charge against him. Two weeks ago a message saying that he has to pay a fee for over $3000 to the korean government came to him and after that his commander told him that he has to start preparing for being kicked out. I want to know if this kind of punishment its normal for just getting into a light fight and if he can do something about it. He does not w***** *****ve the military in this circunstances so i would really appreciate if you could give us some advice.P.S. Sorry for my bad english, im korean and dont really know much about military stuff.

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P. Simmons

Attorney

Doctoral Degree

 
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My husband was picked up on Thursday by the local police for

My husband was picked up on Thursday by the local police for awol he is being held until the military police can get here from what I can gather somebody can not find is dd form 214 he knows where it is but can not get to it because he is sitting in a cell at the jail I cant find because I am no good at finding things something can be right in front of me and I wouldn't be able to find it how can I help him his son misses him

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
Is the Florida Department of Military Affairs exempt from security

Is the Florida Department of Military Affairs exempt from security guard (Class D and G) licensing requirements for armed security personnel?I am currently in the Florida Air National Guard as a Security Forces (Military Police) member. I am a drill status guardsman, only going on Title 32 orders for 2 days a month. My full time position is with the Florida Department of Military Affairs as a "Military Security Police Officer" as my job title. I work at the 125th Fighter Wing based at Jacksonville International Airport in Florida. The property is leased by the Federal Government from the Jacksonville Aviation Authority.I arm up with an M9 handgun and M4 rifle daily. I am not a certified police officer in the State of Florida, nor do I have a class "D" or "G" security license. I have been told that I do not have the power to arrest, only detain and hold someone until the real police arrive and take them into custody.According to the security cooperative agreement between the state and federal government: "Standards for Employment. The Grantee will establish qualification standards for employment as a security guard in accordance with this Appendix, as well as state and local laws and statutes."Does this mean I should be licensed as an armed security guard in order to go about my duties?The security cooperative agreement also states: "f. Uniforms. SCA personnel are required to wear a uniform while performing security duties. The TAG or installation Commander will determine the appropriate SCA employee uniform. The uniform must identify the SCA employees, present a professional image, and distinguish the civilian chain-of-command structure within the Security Forces unit."Does this mean I should be issued a separate uniform that distinguishes me from the full time active duty security forces members that I work with daily?I have attached the entire security cooperative agreement for reference.Thank youState/Country relating to question: Florida

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I need to get some clarification on how the military can try

I need to get some clarification on how the military can try civilians. I received my first read for an article 15 for submitting a false document. The document I knew to be true until I was told it was not. I spoke to my wife about it and she informed me that she could not find the original so she created a fake and gave it to me. I know there is a serious penalty to this and I am only facing an article 15 so I'm trying to see if I told them that my wife did it, would that be the end of it, or would it be best for me to take the hit to keep her from getting in trouble. Thanks for your help.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
My brother in law was caught with a small amount of while

My brother in law was caught with a small amount of weed while trying to enter a military base. I've been told that federal court doesnt care about the type of drug and weed is in the same class as heroin and cocaine. Could he go to jail as a first time offender?

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
I have a few questions's regarding the USFSPA, regarding my

I have a few questions's regarding the USFSPA, regarding my wife's entitlement to my VA disability pension upon divorce. Some background: I married my wife on a tour in Honduras. She has never been to the U.S. and is not a citizen of here. We never livedtogether, I saw her on weekends for about a month and a half or less. I left about 1 month, 10 days after we were married, back to the U.S. I started her immigration process, but cancelled it after it was almost completed.. because I realized she was onlyusing me to come to the U.S. We do not have any children together, she has 1 child of her own. We have been married since may 04 2014, not very long. I am getting out of the army with 70% army TDRL / 100% VA disability, and am currently processing a divorcein Hawaii. My lawyer tells me that according to Hawaii law, she could be entitled to a % of my disability pension based on a % formula based on my years of service. I am not receiving this pension for my years of service, but for my injuries incurred duringservice. I could still be receiving the same pension after only serving 2 years. I thought according to the USFSPA you cannot divide a disability pension during a divorce. Granted, my lawyer tells me that the only way the court would consider granting herthis is if she showed up to court in Hawaii and asked for it as part of the divorce settlement. (She is not a citizen/has no visa, so I don't see this happening) She has not been with me at all during my years of service, except for the last year and a halfwhen I started transitioning out for military reason's. How can she be entitled to part of my pension when she wasn't even my wife when I incurred all of the injuries that led to my pension? She was not a part of all the rigors of my military service, anddid not support me through it like a normal wife would. Does not the fact that I was only married 1.5 years, and we haven't lived together or been together for nearly the entire length of the marriage also play a part in the court's decisions regarding thesematters? Also, If Hawaii has some sort of stipulation saying she can be entitled to a portion of my VA retirement pay, would it be smarter to get divorced in another state? Thanks, ***** ***** all the questions. I will gladly throw a nice tip if I can get themall answered.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
I am a civilian, but the man I've been in a relationship with

I am a civilian, but the man I've been in a relationship with for 2.5yrs is a military member and is married. How can I report him for the affair?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,466 satisfied customers
I have a quick question. We are hosting an event from

Hello I have a quick question. We are hosting an event from work at a military base however with the change of requirement to visit any military base everyone needs to go through background check. I made a mistake in my young days and I was arrested in2009 for shoplifting in Michigan and charges were brought down to disorderly conduct which is misdemeanor. Will this show up when they do my background check at the base and can this be the reason I can get potentially get denied access to visit military basewith my work event? Does this information show up in NCIC? Is there any way I am able to call the location and get their requirement to find out if I will be denied access? here are some of the guidelines they sent us. - from these can you tell me if whati have shoplifting/ disordely conduct would fall into any of these? I am mainly concern for number 1. which i did not quiet understood, If you can help me that would be great. Military Base Guidelines: Background Check 1. Potential threat to the good order,discipline, or health and safety of the installation 2. Unable to verify the individual's claimed identity 3. Current arrest warrant 4. Barred from entry or access to any Federal installation or facility 5. Convicted of crimes encompassing sexual assault,armed robbery, rape, child molestation, production or possession of child pornography, trafficking in human, drug possession with the intent to sell or distribute drugs 6. U.S. conviction of espionage, sabotage, treason, terrorism or murder 7. Registered sexoffender 8. Felony conviction within the past 10 years 9. Felony firearms or explosive violation 10. Engaged in acts or activities designed to overthrow the U.S. Government by force 11. Terrorist Screening Database (TSDB)

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
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