Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have to see my battalion commander next week regarding bah…

Customer Question
I have to see...

I have to see my battalion commander next week regarding bah fraud I was interrogated by cid and I tried to change my address multiple times before this even happened with my command and it wasn't changed but now I believe I'm facing felony charges should I get a lawyer

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

I'm overseas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Ur not answering any of my questions

Lawyer's Assistant: I apologize.

Bc I already stated I talked to my command

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's all

Submitted: 5 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 4 minutes by:
11/19/2017
Military Lawyer: Allen M., Esq., Lawyer replied 5 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,139
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, you should invoke your right to silence and wait until you can speak with a defense counsel. Then you'll be in a better position to provide evidence that you were trying to change your address so that you were getting the correct amount of BAH.

You can also start working on paying back the overage, so that there isn't the issue of outstanding debt. All of things are best done through an attorney, to avoid anyone suggesting that it is "conscientiousness of guilt" that forms the basis for your desire to repay the funds.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Military Law Question
Customer reply replied 5 months ago
They said I'm going to the battalion commander about it and he determines my punishment what is the most likely action on my situation
Customer reply replied 5 months ago
I can't call anyways I'm overseas
Military Lawyer: Allen M., Esq., Lawyer replied 5 months ago

If you are going to the battalion commander, they are thinking non-judicial punishment.

He would decide the punishment only if you agree to accept that forum. After he talks with you, you'll get to talk to a defense counsel. You'll then be able to decide if you have a good reason to demand trial by court martial, so that you get more due process rules in your favor. If you accept the NJP though, it is just between yourself and the battalion commander.

The most likely action, at NJP, would be a reduction in rank, some lost pay, perhaps some restriction/extra duty. Then the command could try to administratively separate you too. It just depends on how upset command is, and how the evidence looks.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Military Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,139
20,139 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

20,139 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My question is on pros and cons and njp/6105 paperwork.
hey! my question is on pros and cons and njp/6105 paperwork … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I received a General Court-Martial conviction and wanted to
Hello, I received a General Court-Martial conviction and wanted to know if that conviction is the equivalent to a civilian felony conviction and applicable in disclosing that conviction when asked on … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I recently just had a court martial for my ongoing case and
I recently just had a court martial for my ongoing case and was given the punishment of restriction and reduction in rank but it was recommended by my judge for me to stay in the Navy. Now I'm facing … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can I get denied bah. Stateside. but my wife lives in Miami
stateside. virginia but my wife lives in Miami with her parents … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I PCS from my command in 5 days, but I have a pending NJP.
Hello, I PCS from my command in 5 days, but I have a pending NJP. What will happen to my orders, do I still transfer, do I still get to take my leave? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I have a UCMJ question regarding BAH and if it can ONLY be
I have a UCMJ question regarding BAH and if it can ONLY be ordered to be repaid by a judge … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,139 satisfied customers
I have questions on BAH with dependents. State. Its from
its from when I was on AD I'm going through a Divortce … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son went through a court martial on Feb 22 at JBLM, WA. I
my son went through a court martial on Feb 22 at JBLM, WA. I have tried contacting his military attorney to ask for a transcript of the trial and I am getting no response. We believe he was wrongly co… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Been 30 years since general court martial is that too to try
Been 30 years since general court martial is that too long to try to get upgrade … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,139 satisfied customers
My battalion commander has recommended me for a chapter but
My battalion commander has recommended me for a chapter but I have not yet received any paperwork on it. I am currently finishing my extra duty which was field grade art 15 45/45 I got hit with fratni… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,139 satisfied customers
Is a summary court martial going to go on my permanent
Is a summary court martial going to go on my permanent record? I want to be a teacher some day. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,139 satisfied customers
In 2010 while awaiting General Courts Martial I received my
In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being asked if I have been subject to court martial or
i am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in b… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Bah is $2037. E5 married 8 years. How much bah am i entitled
Bah is $2037. E5 married 8 years. How much bah am i entitled to monthly. He wants a divorce for absolutely no reason and I don't. I honestly feel like he's going to abandon me and leave me with nothin… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I know a Marine that is in a tight spot with a NJP on
I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physically saw the Marine… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,139 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
When offered NJP or Court Martial and you elect Court
When offered NJP or Court Martial and you elect Court Martial but the CO doesn't want to do that. I was told that i now have to do admin board but I didn't ask for that i asked for court martial. I no… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x