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Philip D. Cave
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Cave & Freeburg, LLP
I travel the world representing U.S. military personnel and their families in court-martial trials, adverse administrative actions, and security clearance appeals. I am ready, able, and willing to travel to anywhere there is a U.S. military facility for representation. I come prepared with my office-in-a-briefcase. For example, I was the first civilian lawyer to travel to Iraq in October 2003, for trials, and I have been back to Iraq and to Afghanistan seven times since.
I am President of the National Institute of Military Justice, a non-profit organization dedicated to education about and advocacy for a fair military justice system.
I frequently consult with the media in T.V., radio, and print.
- Military Law
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Criminal Law
- Fraud, Internet Crimes, Sex Crimes
- Court-Martial Trials
- Discharge Proceedings
- Security Clearances
- Google Meet
- Zoom
- Free Consultation
- Credit Cards Accepted
- 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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- English: Spoken, Written
- Spanish: Spoken
- Director
- National Institute of Military Justice
- - Current
- Owner - Sole Practitioner
- Court-Martial.Com
- - Current
- Partner
- Cave & Freeburg, LLP
- - Current
- Representing military personnel at any U.S. base around the world.
- Judge Advocate
- U.S. Navy
- -
- Constable/Cadet
- Metropolitan Police, London, England
- -
- 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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- 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
- Virginia State Bar
- Member
- Current
- Activities: Military Law Committee
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- International Society for Military Law and Law of War
- Member
- Current
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- American Bar Association
- Member
- Current
- Activities: Co-Chair, Military Justice Committee, Criminal Justice Section
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- Phi Alpha Delta Law Fraternity, International
- Life Member
- Current
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- American Legion
- Member
- - Current
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- 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).
- Can Service Members Fight Taking a Mandatory COVID Vaccine
- Military.com
- Congress, not the courts, say who has authority to court-martial service members
- The Hill
- Equal Supreme Court Access for Military Personnel: An Overdue Reform
- The Yale Law Journal Forum, vol. 131
- Prosecution of military retirees for pre- and post-retirement offenses, Virginia State Bar, Military Law Committee
- Military Law for the Not Dumb, Phi Alpha Delta, International (law fraternity)
- Ethics of Go-Funding and Similar Financing of Court-Martial Defense Counsel, Town Hall, GMJR to international military lawyers, judges, and advocates
- Recommended Changes to the Presidential Executive Order Establishing the Manual for Courts-Martial, DoD Joint Service Committee on Military Justice
- Court-Martial of Retired Military Personnel, Texas Bar Association, Military Law Committee
- Website
- Philip D. Cave's Website Profile
- Website
- The Law Office of Philip D. Cave (& Nathan Freeburg, LLP) Website
- Blog
- Court-Martial Trial Practice Blog
- Defining meaning from words in a statute
September 24, 2023 - Unanimous verdicts Update
September 23, 2023 - Speed up post trial review
September 1, 2023
- 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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