Military Law FAQ's 

Q.  If I am on active duty, can I get a discharge or separation from the military?

A. Yes. You can obtain a discharge from the military even though you are on active duty. There are certain documents that must be prepared and sent to the Command. The Edmunds Law Firm has been doing separations and discharges for active duty men and women for over thirty years.

Q. Can a civilian attorney represent me in a court marshal?

A. Yes, frequently active duty military individuals who have been accused under the UCMJ with criminal offenses seek out civilian attorneys. Military attorneys are free, however, you are entitled to bring in a civilian attorney that may have more experience and knowledge than your detailed military counsel. The Edmunds Law Firm has handled court marshals throughout the United States for over thirty three years.

Q. Are military divorces treated differently in the courts?

A. An individual that is active duty military brings special issues to a civilian court that is handling their divorce. Military pay and allowances is one area that presents different issues. Also, child custody and visitation issues are a significant issue when dealing with a parent that may be active duty.

Q. Is there assistance for me if I have a security clearance as an active duty military member and that security clearance is being jeopardized by my Command?

A. A national security clearance is a very valued credential to any active duty military person. A national security clearance can be removed for certain types of conduct. The Commands are required to provide written notice of their intent to act on an individual’s security clearance. There are very specific deadlines and rules that apply. A civilian attorney is definitely appropriate for anyone whose clearance is about to be suspended, denied, or withdrawn.

Q. Can I refuse to take a urinalysis test when requested to do so by my Command?

A. Generally, you cannot refuse a lawful order given to you by your Command. A urinalysis test is a standard protocol for all active duty men and women. To refuse to take the test would or could result in a charge of violation of a lawful order.

Q. If I am AWOL or UA from my unit and living in a civilian community, can I be discharged?

A. Active duty military personnel who absent themselves without authority, that is go UA or go AWOL, must return to military authority in order to be discharged. This law firm works with families of members that are UA and utilizes that period of time to prepare the discharge petitions. This law firm will also answer any charges that are filed against the member arising from the Article 86, which is unauthorized absence, or Article 85, which is desertion. In this area of law, experience makes the difference and the Edmunds Law Firm is well equipped to assist individuals in this area.

Q. If my Commanding Officer violates the standards of conduct or the uniform code of military justice in his conduct toward me, can I take action?

A. Yes. You can file an Article 138 Petition against the Commanding Officer and file the grievance according to the UCMJ. This law firm has handled numerous cases in this area.

If you have any questions please contact our San Diego Military Lawyers.