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I was arrested from my residence in Oct 2013. I know that

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I was arrested from my...
I was arrested from my residence for disorderly in Oct 2013. I know that the arresting officer falsified the events of that night to fit the state state justifying her decision to arrest and take me to jail. I have three witnesses that will argue on my behalf all stating the same story. The police department, Hawaii PD, released jurisdiction to the Air Force and my career is now ending as a result of these events. I feel no justice for what happened and I will soon be out of the military because of it. Do I have a case?
Submitted: 2 years ago.Category: Military Law
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Answered in 6 hours by:
12/22/2015
Military Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Military Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

When you say you'll be out soon, are you being sent to an administrative separation board, or have you already been?

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Customer reply replied 2 years ago
I was in a professional development education course at the time. Due to the arrest I was released from the school and lost the associated E-5 rank that, at least for me came hand and hand with completion of this course. After my release, my chain went Non-judicial punishment (NJP) and that caused an official loss of rank, Unfavorable Information File (UIF), and referral EPR. Since then, I have not been able to get my E-5 back because these things effect very highly the points needed to promote in the Air Force. As a result, I am separating due to High Year Tenure. I have the synopsis that I was given as evidence of my wrongdoing along with the witness' statements.
Customer reply replied 2 years ago
Here is two sides of the story.
Military Lawyer: Peter Griesch,
 replied 2 years ago

Unfortunately, there's no easy fix. It would actually be easier to fight if you were being boarded. You are being separated for failing to be promoted, which you really cannot fight.

What you can do is apply to the AF board of correction for military records, and request that they reverse your NJP. If they agree to reverse your NJP, you can then ask that they backdate your date of rank and promote you, or, alternatively, apply to re-attend the course or find some other course to be promoted.

As you can see there are many variables to undo being passed for promotion.

But, applying to the board of corrections is your best first step.

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Customer reply replied 2 years ago
I was looking for a civil lawyer.
Military Lawyer: Peter Griesch,
 replied 2 years ago

For what purpose? To sue the Air Force?

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Customer reply replied 2 years ago
I wanted to look in to a suit against Hawaii Police Department actually.
Military Lawyer: Peter Griesch,
 replied 2 years ago

I understand. And you want to know whether you have a case against the PD.

The answer is, yes, you can sue the PD for false arrest. It is a difficult case to prove, however. You'll need to prove that the arresting officer knew that no crime had been committed, and intentionally arrested you knowing such.

If a complaint is filed, the PD is typically covered, unless, of course, the arresting officer has falsified the report.

If that happens, then you are entitled to collect from the PD.

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Customer reply replied 2 years ago
Well I do have witnesses and the report said I was too disorderly to get photographed and fingerprinted. I know this is false because I was booked almost immediately. How do I go about asking for the report? Or filing a complaint? I asked back in 2013, when I was trying to defend myself, for the full report but I was denied saying that I was not a lawyer
Military Lawyer: Peter Griesch,
 replied 2 years ago

If you intend to sue the police department, you're going to need to hire an attorney. Your attorney will be able to get a copy of any paperwork they have as part of the discovery process in your civil suit.

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Customer reply replied 2 years ago
Do you know of any in Hawaii? Or that you would recommend?
Military Lawyer: Peter Griesch,
 replied 2 years ago

I do not know any civil attorneys in Hawaii.

But, I can recommend going to the Hawaii bar association's website. There will be resources on the site that will assist you in finding a civil attorney that handles such issues.

Keep the following in mind. First, you shouldn't have to put any money down. If the attorney believes the case has merit, he should take the case on a contingent fee. Second, ask the attorney if he has experience in suing the police department for false arrest.

Good luck.

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Military Lawyer: Peter Griesch,
 replied 2 years ago

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

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Military Lawyer: Peter Griesch,
 replied 2 years ago

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

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Peter Griesch
Peter Griesch
Peter Griesch
Category: Military Law
Satisfied Customers: 324
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Experience: Tax Counsel at AIG, Inc.

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