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I don't know the answer to this under the new system...if you don't get an answer by Monday I'll try to look into it for you.
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Nov 7, 2014 20:42
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Should I try to get a disability rating from the VA all by myself or should i get some form of advocate? If I should get an advocate, who should I get and how? Im applying for a ptsd rating. second best sponge fucked around with this message at 05:26 on Nov 9, 2014 |
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Nov 9, 2014 04:28
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Definitely get an advocate. They tend to know their way around the system pretty well and have the access to see how your claim is progressing and can help catch hiccups before too much time is wasted. Having an advocate isn't going to cost you any money, so there is absolutely no good reason not to have one. There are tons of difficult organizations that do this work You can check out the DAV, American Legion, State/County Veterans Service Officers, etc. I have used DAV in the past and they were great. I am currently using my County VSO as my rep and he is pretty on the ball as well. The VA has a list of VSO organizations here: http://www.va.gov/vso/VSO-Directory_2013-2014.pdf But it is easier if you just use the search engine on ebenefits: https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal?_nfpb=true&_portlet.async=false&_pageLabel=VsoSearch
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Nov 9, 2014 05:33
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second best sponge posted:Should I try to get a disability rating from the VA all by myself or should i get some form of advocate? I would say in any dealings with the government unless you are really familiar with the system and the process, always get an advocate. (and even if you are familiar, objectivity helps)
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Nov 9, 2014 13:24
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Advocate like a mother fucker. My State's VA had a woman who Rep'd for me after the VA gave me an Eval, said my conditions had worsened, and then dropped my rating. It was a cluster. But she navigated it for me, only called to give updates or if there was an issue, and within the semester got my poo poo fixed and my rating even raised.
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Nov 10, 2014 05:13
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Asking the thread: What is a realistic outcome for a underage DUI causing a death on a military base ? The driver also being mil. Would this be better/ worse going through military or civilian courts ?
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Nov 10, 2014 22:28
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Your boy is hosed regardless.
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Nov 10, 2014 22:48
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Oh yeah, doesn't matter the jurisdiction with those circumstances. Prosecutor is probably salivating over this one. E: Is this driver you or a "friend" of yours?
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Nov 10, 2014 22:53
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Roundboy posted:Asking the thread: What is a realistic outcome for a underage DUI causing a death on a military base ? The driver also being mil. depends on the state. But either way, driver is hosed. only question is how hard. how old is the driver, what state are you in, and how over the limit was he/she? Unless there is a concurrent jurisdiction agreement, if it was on base only the feds would have civilian jurisdiction (but some bases have concurrent jurisdiction with the state.) It's more likely to go court-martial than civilian trial though. but more specifics would help get you a better answer.
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Nov 10, 2014 23:08
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ActusRhesus posted:depends on the state. But either way, driver is hosed. only question is how hard. It was on base, California. Both driver and victim were marines, and one was active on duty. Underage driver, limit I dont know, was either running from MPs or speeding to avoid them. I thought bac was irrelevant for under 21 since anything is verboten. I always heard mil court was not one to gently caress with, but some googling suggests mil DUI is just like any other, with a big it depends, according to lawyer websites. Just a curiosity of expectations vs what we are potentially told. EVA BRAUN BLOWJOBS posted:
I'm just wondering what life the guy that killed my brother Friday night can reasonably expect. 
Roundboy fucked around with this message at 00:52 on Nov 11, 2014 |
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Nov 11, 2014 00:48
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Roundboy posted:I'm just wondering what life the guy that killed my brother Friday night can reasonably expect. Ah geez. Sorry for being a dick, and sorry to hear about your brother. Don't worry that guy is very hosed. 
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Nov 11, 2014 00:51
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EVA BRAUN BLOWJOBS posted:Ah geez. Sorry for being a dick, and sorry to hear about your brother. Don't worry that guy is very hosed. I dont want to be a Debbie downer, I just want to set expectations. Life sucks, you move on.
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Nov 11, 2014 00:53
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gently caress Roundboy, I'm sorry to hear about your brother. There is a lot of variables, but every DUI with injury or death have ever heard of that was handled by the .mil ended up with the driver getting hosed pretty hard.
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Nov 11, 2014 02:49
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Yeah, there was one at Benning about 2 years ago. Dude was drunk, being a dickhead and flipped his car into a pond. He lived, killed his passenger. He disappeared pretty quickly, dudes in his unit say he picked up a double figure stay courtesy of uncle sam. Sorry about your bro, dude.
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Nov 11, 2014 03:10
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Thanks for the positive .mil loving. I feel better. I'll buy anyone a beer when I fly out to Pendleton next week( and you are there in 2nd battalion 5th marines)
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Nov 11, 2014 03:54
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oh poo poo, he's a marine? Yeah. he's hosed. Marines will prosecute (and convict) a ham sandwich. Pendleton does not have concurrent jurisdiction, so he's going either federal prosecution or court-martial (probably the former because SAUSAs usually don't take military cases. They're mostly just there for civilian defendants.) I asked about BAC (1) in the event there was potential state jurisdiction and (2) if it was particularly low it could be a sentencing mitigator...but if the guy was driving drunk underage on base and trying to flee the MAs when he killed someone?...oh yeah, he's really hosed. Probably going to a General Court-Martial and marine prosecutors are not exactly known for their generosity in plea deals. Really sorry about your brother. 
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Nov 11, 2014 04:04
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Roundboy posted:Asking the thread: What is a realistic outcome for a underage DUI causing a death on a military base ? The driver also being mil. Colleague of mine just prosecuted a similar case in court-martial not too long ago. It was a little different in that the driver was wasted and got into a one-car rollover and his buddy was ejected and killed. There was some serious mitigation at sentencing when the family of the Soldier who was killed testified asking for leniency, judge still gave the dude 3 years and a DD. As a kid, I had a close friend whose dad was driving drunk and killed another guy when he hit his car. Friend's dad did 10 years. e: based on the additional facts you posted I am a.) sorry to hear about your brother, and b.) concurring with AR in her assessment that the Marines will nail the dude to the wall. Ff driver was active duty and it happened on base, it's extremely likely that the Marines will handle it and not the SAUSA. Either way though, dude is likely facing some serious time. Defleshed fucked around with this message at 16:21 on Nov 11, 2014 |
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Nov 11, 2014 16:13
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reminder that even if the dude doesn't get the prison sentence you think is right, a DD is a big gently caress you from uncle sam and sticks for life so there's that if it happens.
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Nov 11, 2014 17:52
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krispykremessuck posted:reminder that even if the dude doesn't get the prison sentence you think is right, a DD is a big gently caress you from uncle sam and sticks for life so there's that if it happens. Yup. Even if he walks he has to disclose that to every employer etc for the rest of his life. Sorry about your brother 
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Nov 11, 2014 19:31
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Roundboy posted:It was on base, California. Both driver and victim were marines, and one was active on duty. :-) Ask Vasudus :-)
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Nov 12, 2014 13:54
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Roundboy posted:I dont want to be a Debbie downer, I just want to set expectations. Life sucks, you move on. Roundboy posted:Thanks for the positive .mil loving. I feel better. I'll buy anyone a beer when I fly out to Pendleton next week( and you are there in 2nd battalion 5th marines) I got a friend who knew/knows your brothers killer pretty well. Sounds like he (not your bro) was a sizzling hot psychiatric soup sandwich of poo poo to begin with or something along these lines. You'll be happy to know that the USMC will not not let that mitigate poo poo, as there's no real provision for it under the UCMJ as I understand it. So sad brains mcboot shouldn't be getting a stay at Walter reed psych and 3 hots and group therapy. Sounds like he'll just get regular rear end military prison. He won't get raped or anything though, bro. Military prison is better than civilian vet with DH discharge any day of the week. That DH he's getting makes night stocking part time at wal-mart in even rural America off limits for employment. He's 100% unemployable now, that's when his real punishment begins. Until then? Three decent hots, an ok cot, and 100% guaranteed safety and security. And no real worry about rear end rapes and 0 worries about HIV/Hep C or being converted to Islam in a simultaneously forcibly, and interracially sexual way. Shame you can't get him to a real federal court. Bet one of GiP's federales could have had him tuned up for you, or his stay extended on some trumped up bs. But that doesn't happen in military prison, it's sort of utopia prison wise, only Norway gets more chill.
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Nov 12, 2014 19:08
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Obama Africanus posted:
No, you can always present mental health evidence. But just because a person is nuts doesn't mean it will impact their case. Show me a defendant who doesn't have a personality disorder of some sort. Mental health stuff comes in under generally three circumstances: 1. I am not competent to stand trial/assist in my own defense. This will be done via a competence evaluation and a hearing before the military judge. They are frequently requested by the defense and almost never successful. You have to be so batshit loving crazy that you don't understand you are at a court-martial. You get sent to a loony bin until you are competent to stand trial. My understanding is that being committed stops the statute of limitations. I highly doubt this will be the case here. It's a pretty impossible standard reserved for people who are truly mentally hosed up. 2. I was not guilty of the charged offense due to mental disease of defect. Evidence gets presented at trial to show you were too crazy to form criminal intent. Voluntary intoxication does not count. And this is likely going to be charged as a reckless conduct so it's a moot point here, because there is no specific intent to negate in the first place. Also, this defense usually doesn't get you off scott free, it usually just bumps you down to an LIO. 3. I'm guilty but I'm crazy and broken so take pity on me and don't give me a harsh sentence because I'm broken. Gets presented during the sentencing phase along with good military character evidence (why we allow that I don't know) and anything else the defense wants to put on to show what a nice guy the defendant is. My experience with Marines is that they would likely not give a gently caress in a case like this. My guess is in a case as you've described it, the defendant will plead guilty and go judge alone for sentencing. He may be able to negotiate a plea deal, but if I were the prosecutor in a case like this where conviction is pretty much a slam dunk and it won't be a particularly expensive trial (unless the defense gets their inevitable expert request granted), I wouldn't be willing to deal. I might be willing to offer him DH protection and give him a BCD on top of whatever jail time he got, but that's the lowest I'd go. substantively there is no difference between an BCD and A DH. But the name looks really bad. quote:That DH he's getting makes night stocking part time at wal-mart in even rural America off limits for employment. He's 100% unemployable now, that's when his real punishment begins. ^This. Say hello to your future
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Nov 12, 2014 20:17
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ActusRhesus posted:My guess is in a case as you've described it, the defendant will plead guilty and go judge alone for sentencing. He may be able to negotiate a plea deal, but if I were the prosecutor in a case like this where conviction is pretty much a slam dunk and it won't be a particularly expensive trial (unless the defense gets their inevitable expert request granted), I wouldn't be willing to deal. I might be willing to offer him DH protection and give him a BCD on top of whatever jail time he got, but that's the lowest I'd go. substantively there is no difference between an BCD and A DH. But the name looks really bad. These are the kind of deals where you can just put your feet up on your desk and puff your cigar (like we all do, all the time) and tell the Defense "come at me bro". Our jurisdiction for some reason never deals on discharge characterization though, just on confinement caps. I think the lowest I'd go is ten years but I don't have a lot of autonomy. We have to run anything and everything by our SJA.
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Nov 13, 2014 02:08
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Isn't there something in the MCM that discourages plea deals? Or did I hallucinate that?
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Nov 13, 2014 02:11
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Defleshed posted:These are the kind of deals where you can just put your feet up on your desk and puff your cigar (like we all do, all the time) and tell the Defense "come at me bro". Our jurisdiction for some reason never deals on discharge characterization though, just on confinement caps. I think the lowest I'd go is ten years but I don't have a lot of autonomy. We have to run anything and everything by our SJA. well yeah, the convening authority ultimately signs off. Military prosecutors = no prosecutorial discretion. quote:Isn't there something in the MCM that discourages plea deals? Or did I hallucinate that? Nope. Pretrial Agreements happen all the drat time.
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Nov 13, 2014 02:15
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ActusRhesus posted:Nope. Pretrial Agreements happen all the drat time. Can you explain in layman's terms what RCM 705 actually says? I was lead to believe they have a fairly contentious reputation and that a lot of mil judges don't like them to be used. That came from an actual mil prosecutor, and I've always been curious to hear from others about it.
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Nov 13, 2014 02:37
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krispykremessuck posted:Can you explain in layman's terms what RCM 705 actually says? I was lead to believe they have a fairly contentious reputation and that a lot of mil judges don't like them to be used. That came from an actual mil prosecutor, and I've always been curious to hear from others about it. That is so untrue I don't even know where to start. Basically in a court-martial, the judge (or jury) issues the sentence but the convening authority has to approve the sentence. So you can enter into an agreement that the convening authority will either suspend or disapprove punishment above a certain level in exchange for the guilty plea. The judge does not know the terms of the deal at the time of sentencing (just that there is a deal) and the terms are revealed after the judge issues the sentence. Example: Defendant will plead guilty and waive his admin board in exchange for confinement over 5 years suspended and punitive discharge protection. Judge issues sentence of 7 years, forfeitures and a BCD. Per the deal, convening authority suspends last 2 years, no protection on forfeitures, so those stand, the BCD is disapproved, but the command boots him with an OTH because he waived his board. I am really...REALLY curious where this prosecutor friend of yours practiced, because PTAs happen all the drat time. (One caveat...military doesn't have Alford pleas, so they have to actually admit guilt)
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Nov 13, 2014 03:54
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krispykremessuck posted:Can you explain in layman's terms what RCM 705 actually says? I was lead to believe they have a fairly contentious reputation and that a lot of mil judges don't like them to be used. That came from an actual mil prosecutor, and I've always been curious to hear from others about it. The only part that could be characterized as contentious is the guilty plea itself, not the plea bargain. A plea that might take 3 1/2 seconds (literally) on the civilian side and be almost unimpeachable on appeal can take 35 minutes in the military and fall apart on appeal. So contentious is the wrong word, more like long, boring pain in the rear end, because (as a prosecutor) you've got to make sure the judge covers all the elements and defenses for the charge. (which is easy, because there's a script) The military actually cares if a person is guilty, and very occasionally pleas or convictions get (briefly) tossed because the guilty plea didn't actually establish guilt. When a guilty plea fails at a court-martial, it's bad for the defense counsel (because the plea is busted because you couldn't control your client). If it happens on appeal, it's the prosecutor's fault for not catching it. Contentious? No. Convoluted because military justice is theoretically more protective of a servicemember's rights (and is willing to foot the bill for the 'inefficiency')? Yes.
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Nov 13, 2014 05:47
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joat mon posted:The only part that could be characterized as contentious is the guilty plea itself, not the plea bargain. ^This. Pleading guilty is a lot easier in the civilian side because of the Alford doctrine (I'm not saying I did it...I'm just saying I'm guilty because I know I'd get convicted at trial.) However, as joat said, there's a script. Read each element. Make the defendant say he acknowledges that it applies to his case and briefly explain how. And yeah, defense's job is to make sure client understands he has to actually say he's guilty and not try to "explain" what happened, judge needs to actually know the elements of the offense and follow the script, prosecutor needs to make sure judge follows script and correct the record if he doesn't. But it's hardly "disfavored." As much of a pain in the dick as a providency inquiry is compared to a civilian plea, a full blown trial is worse and cuts into the mil judge's valuable
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Nov 13, 2014 14:27
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quote:The military actually cares if a person is guilty, and very occasionally pleas or convictions get (briefly) tossed because the guilty plea didn't actually establish guilt. When a guilty plea fails at a court-martial, it's bad for the defense counsel (because the plea is busted because you couldn't control your client). If it happens on appeal, it's the prosecutor's fault for not catching it. This is the part where I think this guy maybe got hung up? I dunno, he was a direct commission lawyer guy. He made it seem like a big pain in the rear end and that the judges typically weren't favorable toward it. He wasn't referring to any specific case to my knowledge. Glad I asked, thanks for the answers.
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Nov 14, 2014 00:40
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krispykremessuck posted:I dunno, he was a direct commission lawyer guy. He made it seem like a big pain in the rear end and that the judges typically weren't favorable toward it. If he was used to civilian crim law and jumped to military, I can see how he might think that. On the civilian crim law side, if a judge starts anything like a military style providence inquiry, that means the judge is trying to bust the plea. Maybe your guy then thought (incorrectly) that all military judges are trying to bust pleas (they're not; they're required to be thorough) and thought (also incorrectly) that it's because military judges don't like pleas - which just isn't true (as ActusRhesus pointed out)
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Nov 14, 2014 03:18
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Thanks. That also answered some questions about how a case I was tangentially involved with played out in a general CM.
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Nov 14, 2014 03:35
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add to op tia
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Nov 24, 2014 14:45
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EVA BRAUN BLOWJOBS posted:add to op tia
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Nov 24, 2014 22:08
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AR, what's the dumbest thing you've experienced on the job? https://www.youtube.com/watch?v=PZbqAMEwtOE
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Dec 3, 2014 01:36
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EVA BRAUN BLOWJOBS posted:AR, what's the dumbest thing you've experienced on the job? Holy poo poo...
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Dec 3, 2014 01:45
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EVA BRAUN BLOWJOBS posted:AR, what's the dumbest thing you've experienced on the job? Photo copy machines are serious business. I'm not sure I can top that but there's always the quote under my avatar. That was fun. Have a few other great moments in idiocy tales. Will post in the am when not typing on a phone.
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Dec 3, 2014 03:43
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On a similar note, I had a cop tell me under oath that except for people on meth, he had never seen a person nervous and had never seen a person upset. Judge: "Well, I guess you've never been married, then?"
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Dec 3, 2014 05:17
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OK, since I work in criminal law, I see quite a bit of stupid. Usually from the defendants and witnesses. But here's one of my personal faves. Private Defense Counsel has a habit of getting all "folksy" and standing with his foot up on a file box like he's Washington crossing the goddamn Delaware while he conducts voir dire. Defense Lawyer:  Prosecutor: *snicker* Defense Lawyer: Court Monitor: BAHAHAHAHAHAHAHA Judge: *looks around* OH MY GOD RECESS! NOW! Courtroom gets cleared. Judge: Counsel. DO NOT put your foot up on that box again or you will be held in contempt. Turns out counsel's pants had ripped. Counsel was not wearing underwear. Potential jury was getting a whole lot of 
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Dec 3, 2014 15:19
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A literal dick waving lawyer, color me surprised.
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Dec 3, 2014 16:18
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