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Philip D. Cave
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Cave & Freeburg, LLP
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Biography
I am a partner in Cave & Freeburg, LLP, a global law firm dedicated to zealous representation of U.S. servicemembers worldwide who are in trouble at court-martial or adverse administrative actions. We have 67 years of military law experience with all types of offenses. Our approach is to prepare and attack the prosecution's case.
I serve as the Chair of the National Institute of Military Justice Board of Directors, a non-profit organization committed to educating about and advocating for a fair military justice system.
I also frequently consult with various media outlets, including T.V., radio, and print.
Practice Areas
- Military Law
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Criminal Law
- Fraud, Internet Crimes, Sex Crimes
Additional Practice Areas
- Court-Martial Trials
- Discharge Proceedings
- Security Clearances
Video Conferencing
- Google Meet
- Zoom
Fees
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- District of Columbia
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- Ohio
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- Virginia
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- Federal Circuit
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- U.S. Court of Appeals for the Armed Forces
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- U.S. Court of Federal Claims
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- U.S. District Court, Eastern District of Virginia
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- U.S. Supreme Court
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Languages
- English: Spoken, Written
- Spanish: Spoken
Professional Experience
- Partner
- Cave & Freeburg, LLP
- - Current
- Representing military personnel at any U.S. base around the world.
- Director
- National Institute of Military Justice
- - Current
- Owner - Sole Practitioner
- Court-Martial.Com
- -
- Judge Advocate
- U.S. Navy
- -
- Constable/Cadet
- Metropolitan Police, London, England
- -
Education
- The George Washington University Law School
- LL.M. (1988) | Criminal Law
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- Joint Forces Staff College - National Defense University
- Diploma (1982)
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- Case Western Reserve University School of Law
- J.D. (1979) | Law
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- Wright State University
- B.A. (1976) | Political Science
- Honors: summa cum laude
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Awards
- 10.0 Superb Rating
- Avvo
- Client Reviewed (4.9/5.0)
- Martindale-Hubbell
- Top Contributor Award
- Avvo
- Client's Choice Award
- Avvo
- Meritorious Service Medal
- U.S. Navy
- 1994
Professional Associations
- Virginia State Bar
- Member
- Current
- Activities: Military Law Committee
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- Phi Alpha Delta Law Fraternity, International
- Life Member
- Current
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- International Society for Military Law and Law of War
- Member
- Current
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- American Branch, International Law Assoc.
- Member
- - Current
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- American Legion
- Member
- - Current
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- National Institute of Military Justice
- Director
- - Current
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- Judge Advocates Association
- Life Member
- - Current
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Publications
Articles & Publications
- Military Court Rules of the United States: Procedures, Citation, Professional Responsibility, Civility, and Judicial Conduct
- Matthew Bender.
- A Sourcebook For Advising Military Personnel (3rd ed.)
- The Orders Project
- Prosecuting Wagner Group War Crimes at the International Criminal Court? A Procedural Perspective
- OpinioJuris
- Military Retiree Court-Martial Jurisdiction: Trials and Tribulations
- Journal of National Security Law & Policy, Georgetown Law School (co-published with the Syracuse University Institute of Security Policy & Law).
Speaking Engagements
- U.S. Relationship with the International Criminal Court, NIMJ Expert Roundtable.
- NIMJ
- Counsel for National Institute of Military Justice, Appeals Chamber, International Criminal Court, The Hague
- As a counsel for NIMJ, co-wrote an amicus brief, and gave oral argument at the ICC in Prosecutor v. Ongwen.
- Presentation, Sexual Assault in the Military: Fixing a Broken System: Rape and Sexual Assault in the Military, , Hastings University Law School.
- Testimony before the Cox Commission on Military Justice (Cox-II)., Washin
- Testimony before the Cox Commission on Military Justice (Cox-I), Washington, DC
- NIMJ
What Happens In a Court-Martial?
Legal Answers
21 Questions Answered
- Q. Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?
- A: If he is military, he is required by military law to "support his dependents."
Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the divorce. Each service has a different regulation it follows on how much money is to be provided. If he fails to do that he could end up being criminally prosecuted at court-martial. It's in everyone's best interest to work this out.
You are entitled to receive free legal assistance from a Military Legal Assistance Office located on a military base near you. I recommend you go there and talk to them. ... Read More
- Q. Need jag advice. I went awol from the army back in ‘09 and I wish to go back to clear my name. What should I do?
- A: There are civilian lawyers who can help with this.
Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when they got a traffic ticket.
You can go to any military base or recruiting office and tell them you are there to surrender. The MPs will take it from there.
Depending on how you present your case you may be able to avoid a court-martial prosecution and receive an administrative discharge.
- Q. I want to back out of the National Guard what are my options?
- A: It may be possible to void your contract. There is a procedure to do that.
I usually recommend you visit this website for more precise advice on how best to do that.
https://girightshotline.org/
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