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2 Answers | Asked in Military Law for Nevada on
Q: How hard would it be for me to legally dodge the draft?

Here is the relavent info about me to this.

1. I am a Communist, who has written numerous widely publicized articles criticizing the government and US involvement in Yemen. I also wrote an article advocating gun rights on the basis that citizens need the right to bear arms to protect... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case involving draft evasion or exemption is rather unique; the intricacy relies on several personal and legal aspects. Given your circumstances, political views, mental health history, and medical disorders like autism could all possibly affect your draft eligibility.

Political...
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Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Immigration Law and Military Law on
Q: Asylum request for Iranian military personnel

Hello, I am an Iranian. I was part of the police officers in the special units. In the riots of 2023, people came to the streets for their own freedom and ordered us to beat innocent people. I am against the law. I was in the Islamic Republic of Iran because people were harassed and harassed, I... View More

James L. Arrasmith
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answered on Jul 21, 2024

Applying for asylum is a serious process, and your situation as a former Iranian police officer who disobeyed orders during the 2023 riots may make you eligible. Many countries consider cases where individuals face persecution due to political opinions or actions against their government. Your... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Military Law and Gov & Administrative Law for Florida on
Q: I am 19 years old and I am in the Florida national guard. Can I buy a handgun

I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:

1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies...
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2 Answers | Asked in Military Law and Employment Law for Pennsylvania on
Q: Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented

Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:

Uniformed Services Employment and Reemployment...
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1 Answer | Asked in Military Law and Employment Law for North Carolina on
Q: Am I protected under EEO as a Member of the National Guard or as a veteran

I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:

The Uniformed Services Employment and Reemployment Rights Act (USERRA):

USERRA prohibits civilian employers from...
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1 Answer | Asked in Military Law and Employment Law for Arkansas on
Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?

I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More

1 Answer | Asked in Military Law for California on
Q: If I am going to a clinic off base through a personal healthcare insurance am I required to give my command a Dr's note?
James L. Arrasmith
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answered on May 31, 2024

Under California law, whether you need to provide your command with a doctor's note when visiting a clinic off base through personal healthcare insurance depends on your employer's policies and any relevant agreements you have with them. In general, employers may require a doctor's... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: how do I go about filling a ncase on the CIA for having me as a targeted individual for the last 6 years ?
James L. Arrasmith
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answered on May 22, 2024

It's important to understand a few key points:

1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health...
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1 Answer | Asked in Domestic Violence, Federal Crimes, Military Law and Sexual Harassment on
Q: I have in-laws making false sexual assault accusations against me involving my spouse and child. How can i stop them?

I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More

James L. Arrasmith
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answered on May 1, 2024

I'm so sorry you and your family are going through this incredibly difficult situation with false accusations being made against you repeatedly. This is an awful thing for anyone to have to deal with. Here are some steps I would recommend taking:

1. Consult with an experienced attorney...
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1 Answer | Asked in Military Law for Washington on
Q: my pass was denied due to me being flagged, but AR 600-8-2 states different

my pass was denied due to me being flagged AR 600-8-2 specifically lays out what constitutes a favorable action and subsequently what favorable actions aren't allowed when a service member is flagged.

James L. Arrasmith
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answered on May 1, 2024

AR 600-8-2 is the Army Regulation that covers suspension of favorable personnel actions (FLAG). It outlines the policies and procedures for flagging soldiers and the impact of a flag on their personnel actions.

When a soldier is flagged, certain favorable personnel actions are prohibited....
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

James L. Arrasmith
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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
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1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

1 Answer | Asked in Employment Law and Military Law for California on
Q: The navy overpaid me on my last paycheck and now they are saying I owe them a debt with interest. How is this legal?

My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.

James L. Arrasmith
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answered on Apr 12, 2024

When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More

1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
James L. Arrasmith
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: When is a DA Form 3881 (rights warning procedure/waiver certificate) required in conjunction with a DA Form 2823?
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answered on Mar 26, 2024

When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

James L. Arrasmith
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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

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