what is the kind of lawyer that defends veterans

Does the VA offer free legal services?

Apr 20, 2022 · Federal lawyer defends role of Veterans Affairs in Desmond inquiry MICHAEL MACDONALD 2022-04-20T07:00:00.0000000Z. 2022-04-20T07:00:00.0000000Z. Globe and Mail ... investigating why a former Afghanistan war veteran killed his family and himself in 2017 heard Tuesday from a federal lawyer who defended the work of Veterans Affairs Canada. Lori ...

How does Affordable Care Act help veterans?

Apr 20, 2022 · PORT HAWKESBURY, N.S. — A Nova Scotia inquiry investigating why a former Afghanistan war veteran killed his family and himself in 2017 heard Tuesday from a federal lawyer who defended the work of Veterans Affairs Canada. Lori Ward told the inquiry it would be wrong to blame the federal department for the deaths of Lionel Desmond; his 31-year ...

Does the Veterans Administration offer legal assistance?

Apr 20, 2022 · Other lawyers involved in the provincial fatality inquiry were expected to make their final submissions Wednesday. The man leading the inquiry, provincial court Judge Warren Zimmer, is expected to produce a final report with findings and recommendations this fall. This report by The Canadian Press was first published April 19, 2022.

What is a VA accredited attorney or representative?

In this type of situation, it is highly beneficial to have an attorney that has experience in military law and will aggressively fight for your rights. Military attorney Greg Rinckey is a former Army JAG, and he knows how to work the military system to get …

How do I find a VSO in my area?

Go to eBenefits to find a local representative (including a recognized VSO, an attorney, or a claims agent) by state/territory, zip code, or the organization's name. Or search the VA Office of the General Counsel's list to find VA-recognized organizations and VA-accredited individuals by name, city, state, or zip code.Mar 8, 2022

What does an army lawyer do?

Military lawyers handle a wide variety of legal issues including international law, operations law, environmental law, as well as military and civilian personnel issues. From trial preparation to post-trial actions, lawyers provide important legal counsel every step of the way.

Does the military provide you with a lawyer?

There is no charge for services provided by military legal assistance offices. All services provided by a military legal assistance lawyer are free to eligible personnel. If your legal problem involves costs or fees (for example, a filing fee to file a case with the court), you will probably have to pay these charges.Dec 3, 2020

Can you get both VA disability and Social Security disability?

Can I collect both Social Security disability benefits and VA disability compensation? Yes, military veterans who become disabled during their service can collect disability benefits from the Social Security Administration (SSA) and U.S. Department of Veterans Affairs (VA) disability compensation at the same time.

What is a lawyer in the military called?

ABA Career Center More and more, new lawyers are becoming JAG officers (aka Judge Advocate Generals Corp), working in all legal matters involving the military, which mirrors almost every aspect of civilian law. JAGs are in each of the five US military branches: army, navy, marines, coast guard, or air force.

Is it hard to get into Jag?

Depending on the service branch, the acceptance rate for JAG Corps applicants is typically between 4-7%. The Army, for instance, receives about 4000 applications every year and only accepts around 200.May 9, 2017

How do you become a lawyer in the military?

What are the Steps to Become a Military LawyerStep 1: Be a valid applicant. ... Step 2: Earn an undergraduate degree. ... Step 3: Go to Officer Candidate School. ... Step 4: Pass the LSAT Exam. ... Step 5: Finish your legal education. ... Step 6: Pass the bar exam. ... Step 7: Apply for the state bar. ... Step 8: Attend a state swearing ceremony.More items...•Apr 2, 2022

What does JAG mean in the military?

Army Judge Advocate General's CorpsThe Army Judge Advocate General's Corps (JAG Corps) is a different kind of law firm. Since its founding in 1775, the JAG Corps mission has been to represent the legal interests of Soldiers and the U.S. Army with unmatched strength, courage, character and commitment, and unsurpassed knowledge of the law.

What does JAG do for soldiers?

Judge advocates are commissioned officers in one of the U.S. Armed Forces that serve as legal advisors to the command in which they are assigned. Their functions include providing legal advice and assistance in a wide variety of practice areas, as well as serving as prosecutors and defense counsel in courts-martial.Sep 2, 2021

Does the VA spy on veterans?

A VA inspector used a spy-like camera-pen to record the veteran engaged in a VA social function. At this point, you might be thinking to yourself, “The severity of my disability is real, and the VA has proof.” Which, by the way, is the case for 99% of veterans with service-connected disabilities.Apr 25, 2018

What is the VA 5 year rule?

The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.Apr 7, 2022

What happens to my VA disability when I turn 65?

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.Dec 13, 2018

How to contact Tully Rinckey?

Call Tully Rinckey PLLC at (518) 941-8878 to discuss your options today. Correction of Military Records. Correction of Military Records.

What to do if you have a negative military record?

If you have negative history in your service records, contact one of them to help you apply to the Board of Corrections of Military Records . Contact Tully Rinckey PLLC at 5182187100 to set up a consultation on the facts of your case.

What is Tully Rinckey?

Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.

What is the MEB report?

The MEB is tasked with preparing a report documenting the service member’s medical history, current physical status and recommend duty limitations. This report documents whether a medical condition (s) interfere significantly with the member’s ability to carry out the duties of the member’s rank and rate.

What does PEB mean in military?

This means that a determination must be made whether the illness or injury that caused the member to be found unfit was the result of the member’s military service.

What is the phone number for UCMJ?

We will fight for your rights. If you are suspected of a crime under the UCMJ, call us at 5182187100 for a consultation to discuss your case and to develop a defense strategy. We accept credit cards and can work out a payment plan that works for your situation. Military Bases.

What is the appeal process in the military?

If you have already been convicted by a Courts-Martial, your appeal process is your final hope to obtain a lesser sentence or to overturn your conviction. The military’s appellate system consists of two levels, the Court of Appeals of the particular armed force involved and the Court of Appeals for the Armed Forces.

How long do you have to be arraigned in court?

You will also be asked whether you need a court-appointed attorney and informed of any future court dates. In federal courts you must be arraigned within 48 hours of your arrest. However, in some state courts this time requirement is only 24 hours (this can often be extended to 72 hours with cause).

How to get an attorney for financial hardship?

To get an attorney , all you need to do is inform the police that you would like an attorney. Tell the police, "Officer, I am going to exercise my Fifth Amendment right to remain silent. I would like an attorney at this time.".

What does it mean when you are arrested?

The fact that you were arrested means that the police have some reason to believe that you have committed a crime or misdemeanor. The police are responsible for maintaining peace and order and serve as one means of collecting evidence for the government. The police do not, however, have the power to charge you with a crime, only the Government’s designated attorneys (prosecutors) may do that.

What to say when you are in custody?

The ONLY thing you should say if you are in police custody is “I want to speak to an attorney.”.

What is probable cause?

Probable cause requires a reasonable belief that a person has committed a crime. It is often the case that police will start off with no probable cause and then take you into custody and question you in the hope that your answers will give them the probable cause they need to arrest you.

What is the difference between detention and arrest?

The difference between arrest and detention is important because once the police have officially "arrested" you they must have "probable cause" under the Fourth Amendment. Probable cause requires a reasonable belief that a person has committed a crime.

What are the two categories of law?

In the United States the law is generally divided into two categories – criminal and civil. There are Public Defenders or court appointed attorneys in every state and in federal cou...

What are the requirements to be considered a veteran?

In order to be considered, the veteran needs to be 1) eligible for probation, and 2) suffering from addiction or mental illness such as PTSD. Depending on the case, defendants who successfully finish Veterans Court will have their charge reduced or dismissed.

How long does residential treatment last?

The program usually involves at least 18 months of treatment (though it can be as short as 1 year for certain misdemeanor offenses).

Is blackmail a crime in California?

Blackmail as a Crime Under California Extortion Law. California’s Veterans Treatment Court is an intensive rehabilitation program that allows certain former military members who are facing criminal charges to possibly avoid jail and convictions.

How long does it take for PTSD symptoms to show?

Symptoms of PTSD typically begin within 3 months of a traumatic incident but can begin years later. To be diagnosed with post-traumatic stress order, an adult must have all of the following for at least one month: At least one “re-experiencing” symptom. At least one “avoidance” symptom.

What is a TBI in the military?

Traumatic brain injury (“TBI”), Substance abuse, or. Mental health problems. 1. Dismissal of criminal charges after military diversion. Upon successful completion of a military diversion program, the charges against the defendant will be dismissed. The arrest will be deemed never to have occurred for most purposes.

What are the conditions for military diversion?

To qualify for military diversion, both of the following conditions must apply: The defendant was, or currently is, a member of the United States military; and. As a result of his or her military service, the defendant may be suffering from PTSD or one of the other conditions listed above.

What is 1170.9 in California?

California Penal Code Section 1170.9 is similar to military diversion but applies AFTER a defendant has been found guilty of, or pleaded guilty or nolo contendere (no contest) to a crime. Like military diversion, PC 1170.9 allows judges to sentence military veterans to treatment instead of prison or jail.

What is PTSD in psychology?

Post-traumatic stress disorder (PTSD) is a mental health condition experienced by some people who have been through a traumatic experience such as combat or sexual assault. 2. Not everyone who experiences trauma develops PTSD. Some people go through a difficult time but snap back fairly quickly.

What is PC 1170.9?

PC 1170.9 used to be limited to combat veterans, but it was amended in 2010 to eliminate the “combat theater” requirement. 11.

Is PTSD a legal defense in California?

PTSD as a legal defense in California. In an appropriate case, a defense lawyer may be able to raise PTSD as a legal defense to a crime falling within the California insanity defense. PTSD also may be raised as evidence of “mitigation.”.

How long do IRR members stay in the military?

Generally, after serving four years, a member is transferred to the IRR for their remaining four years. IRR members don’t take part in weekend drills or annual training, but unfortunately, they don’t get paid either.IRR members can be recalled into active duty when necessary, in order to support military projects.

What is the requirement to be a statutory veteran?

If you served one day of active service as a Regular, or were called up for at least one day of Title 10 contingency orders as a Reserve, and have a discharge “other than dishonorable,” then you meet the requirements of law in 38 US Code 101 to be a “statutory veteran.”.

What is a veteran in the military?

Title 38 of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.”. This definition explains that any individual that completed a service for any branch of armed forces classifies as a veteran ...

What is a state home?

The term “ State home” means a home established by a State (other than a possession) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans. David Ralstin.

What is the Golden Ticket for veterans?

If you were separated from either the Regulars or reserves due to a service-connected condition, such as a bad back, or cancer, or whatever, then as of that date you were a veteran. A medical discharge or medical retirement from the military is the Golden Ticket as far as veteran’s status and benefits go.

How long is an IRR?

Individual Ready Reserve. A military servicecontract spans a minimum of eight years total and the time that isn’t spent on active duty or in the Guard/Reserves must be spent in inactive reserves, known as the Individual Ready Reserves (IRR).

What is the difference between the National Guard and the Reserves?

National Guard. The principal difference between the National Guard and the Reserves is that the federal government is in charge of the Reserves, while the National Guard units predominately belong to individual states. There are two National Guard types: the Army National Guard and the Air National Guard.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.