Tag: United States Air Force

Arrested at Wright-Patterson AFB?

09DUI & Driving Privileges, DUI & Military Issues, DUI in Federal CourtTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

English: C-5A 70-0448, 445th Operations Group ...


We have a former J.A.G. officer on staff to help with military DUI/OVI cases.  Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees for over 15 years.  He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges and issues related to out-of-state licenses.  If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base and you will be required to appear in the United State Federal Court or the Fairborn Municipal Court contact Charles Rowland today.

Charles Rowland is licensed to practice in the State of Ohio and concentrates his  OVI, DUI and Drunk Driving practice in the following counties: Montgomery, Greene, Miami, Warren, Butler, Preble, Darke, Logan, Clinton, Shelby, Champaign, Clark, Clermont and Hamilton, Ohio. Charles Rowland practices in the following municipal courts: Kettering Municipal, Dayton Municipal, Montgomery County Area Courts One and Two, Trotwood and Huber Heights, Miamisburg Municipal, Vandalia Municipal, Xenia Municipal, Fairborn Municipal, Clark County Municipal, Troy Municipal, Franklin County Municipal, Hamilton County Municipal, Butler County Municipal Courts Area One Two and Three.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI”


Judges To Consider Military Service At Sentencing

00DUI & Military Issues, Ohio Criminal LawTags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Roundel of the United States Air Force and air...

Ohio appears ready to pass a requirement that judges consider a persons’ military service when deciding a sentence in a criminal case.  Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. “They have been through things that most of us haven’t,” Schiavoni said. “It’s so, so important we consider that before they get thrown into jail and their problems aren’t handled properly.” Schiavoni says the bill has bipartisan support from both legislators and judges.

Here is one version of the key language in the bill requiring consideration of military service at sentencing:

(F) The sentencing court shall consider the offender’s military service record and whether the offender has an emotional, mental, or physical condition that is traceable to the offender’s service in the armed forces of the United States and that was a contributing factor in the offender’s commission of the offense or offenses.

The bill will now go to the Ohio House of Representatives, where it is expected to be voted on before the end of the lame duck session.
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights,Beavercreek, and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook,www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.comor write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

DaytonDivorceLaw.com: Military Divorce in Ohio

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Wright-Patterson Air Force Base

You need an experienced hand to handle military divorces.  Military divorces have unique rules regarding residency requirements for filing for divorce, certain legal protections for the military member and emergency court orders pertaining to child support and division of military pensions.  Charles Rowland has been a Greene County  attorney for over 15 years and has an office adjacent to Wright-Patterson Air Force Base in Fairborn, Ohio.  Of Counsel, Richard Brown is a former Judge Advocate General who is regularly consulted by other attorneys on the complexities of military divorce law.  Together, Richard Brown and Charles Rowland have assembled a team of private investigators, forensic accountants, expert witnesses and property analysts who can handle your case whether it be a simple dissolution or a complex multi-state custody battle.  Whether you are a career soldier who is concerned about retirement pay and benefits or a young service member with young children or a deployed, we can make the process of divorce a manageable situation.  Find out more by visiting www.DaytonDivorceLaw.com, or by calling our office for a free consultation at (937)879-9542.

Here are some common issues related to a military divorce.

Service Members Civil Relief Act: Under the Service Members Civil Relief Act military members are protected from lawsuits including divorce proceedings so they can “devote their entire energy to the defense needs of the Nation.” A court can delay legal proceedings for the time that the service member is on active duty and for up to 60 day following active duty.  The Service Members’ Civil Relief Act is the amended version of the Soldier and Sailors Civil Relief Act of 1940 (SSCRA), a federal law governing (and protecting) military personnel from certain applications of civil law.

Service of Process (Active-Duty Military):  An active duty member of the armed services must be personally served with a summons and a copy of the divorce action to trigger jurisdiction of an Ohio court.  Without such service, the matter cannot proceed. In cases of an uncontested divorce, the active duty service member can file a waiver affidavit acknowledging the divorce action.  Grounds for a divorce are the same for civilian and service members alike.  These matters should be discussed in detail with an experienced divorce attorney.

Residency and Filing Requirements: Typically, a military divorce in Ohio requires that either, a)  You or your spouse must reside in Ohio and/or b)  You or your spouse must be stationed in Ohio.  If you are a typical civilian couple who is divorcing, you must primarily be concerned with the laws of the state in which you are divorcing.You may incur benefits or detriments by filing in Ohio or another state.  Again, the guiding hand of an experienced lawyer should be sought.

Uniformed Services Former Spouse’s Protection Act (USFSPA): The USFSPA applies to all active duty, reserve/guard, and retired military, the U.S. Coast Guard, and members of the U.S. Public Health Service (USPHS) and the National Oceanographic and Atmospheric Administration (NOAA).  USFSPA works in conjunction with Ohio property division laws to govern how military retirement benefits are calculated and divided upon divorce.  The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.  Thce federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.  Divorcing before the service member has attained 20 years of creditable service for retired pay purposes can be detrimental to the non-military spouse.    The Voluntary Separation Incentive (VSI) is a retirement benefit.  VSIs and Special Separation Benefits (SSBs) are two ways the military eliminates officers whose careers are not advancing.  These complicated federal laws are just some of the reasons you should consult with an attorney if you find yourself facing a military divorce.

Child Support and the Service Member:  Military members have a duty to provide support for their children, as well as their spouses, so their wages may be garnished in order to ensure the payment of proper support.  In Ohio, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Ohio child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

If you think that Charles M. Rowland is the right choice, please call for a free initial consultation at (937) 879-9542 or via E-mail. Brown & Rowland is located just of I-675 near both the Mall at Fairfield Commons and Wright Patterson Air Force Base. They represent clients throughout the Miami Valley including Dayton, Springfield, Fairborn, Beavercreek, Xenia, Wilmington, and other communities in the counties of Greene, Montgomery, Clark, Fayette and Clinton. Put their combined thirty plus years of family law experience to work for you. Hourly rates are very competitive and the firm accepts payment plans and all major credit cards.

Military DUI: Must I Self-Report? by Richard T. Brown USAF Judge Advocate (ret)

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One Strike and You’re OUT. An Update on the Self-Reporting Requirement. 

The military has always been the employer of last resort.  When the economy is good the military is hard pressed to meet recruitment.  When the economy is bad the military can and does get very picky.  Today the civilian authorities seem to agree that the best place to cut federal spending is the military.  Force reduction has been policy in the past and will be again in the future.  The self-reporting requirement is a force management tool.

For the individual member the best advice is not to self- report.  As a practical matter it is unlikely any service would Court Martial any member for failing to self report a previous arrest or conviction as the only charge.  Much more likely the violation would be charged along with a laundry list of other, and most likely aggravated offenses.   By self-reporting the member starts  the machinery to  be possibly separated administratively.  Once the Commander is advised of the misconduct under regulation he must at least consider the member for separation.  Marginal members will be separated but there is even significant pressure on the Commander to separate even stellar performers.

I still believe that self reporting violates Article 31 UCMJ. But the effect is the same, without advisement no one subject to the code can order a military member to statements of self incrimination. The CAFF specifically refused to decide Serianne on Constitutional grounds. This leaves an issue as to whether the self reporting regulation does violate Article 31, UCMJ.  The Navy has rewritten its regulation to eliminate the vagueness sited by the Navy Court of Criminal Appeals.  I believe if the services continue to right regulations requiring self-reporting eventually the court will have to rule on constitutional grounds. Id. at 584-85.

“CAAF noted that NMCCA “described Article 1137 as ‘superior competent authority’ over the Instruction, and further described the reporting requirement in the Instruction as ‘inconsistent’ with the exclusion provided in higher authority, the United States Navy Regulations.” CAAF agreed, noting:

The lower court’s description of Article 1137 as “superior competent authority” is consistent with Article 0103 of the United States Navy Regulations, which states that the United States Navy Regulations serve as “the principal regulatory document of the Department of the Navy,” and specifically states that “[o]there directives issued within the Department of the Navy shall not conflict with, alter or amend any provision of Navy Regulations.”” …

CAAF held:  “The self-reporting requirement in the Instruction did not provide Appellee with the rights afforded by a superior competent authority, Article 1137. As such, the Instruction did not provide a legal basis for finding Appellee derelict in the performance of a required duty, and the military judge did not err in dismissing the charge.”

Richard T. Brown, USAF Judge Advocate (ret) is “of counsel” at Brown, Rowland, Babb & Campbell in Fairborn, Ohio.  He concentrates his practice in the field of Elder Law and consults on military issues related to family, criminal and juvenile law.  Richard Brown is a regular contributor to the OhioDUIblog.com.  Contact Richard Brown at (937) 879-9542 or visit www.DaytonEstatePlanningProbate.com.