Legal Question in Military Law in Tennessee

Does my son need an attorney?

Thank you for your responce to my previous question.(seperation from the AF) My son told me tonight he was told he would be given an evaluation on Fri. from a comander. He was offered an attorney. Why would he need an attorney and should he accept one?

Are there possible charges in a case like this?


Asked on 10/10/07, 10:44 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Does my son need an attorney?

In my opinion if he was offered an attorney he should accept one. An attorney can't hurt him (everything he tells the attorney will be privileged) but not having one and making a bad decision could very much hurt him.

Good luck with this.

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Answered on 10/11/07, 9:26 am
Philip D. Cave Military Law & Justice

Re: Does my son need an attorney?

This sounds like they may be doing a command directed mental health evaluation, in which part of the procedure is to advise of the right to counsel. The policy came about because commands were misusing mental health evaluations as retaliation against whistleblowers.

If the medical folks are recommending separation, there may well be something wrong. It's unusual for them to let anyone escape once they've got that far into the training system.

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Answered on 10/10/07, 10:56 pm


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