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Philip D. Cave
  • Military Law, Appeals & Appellate
  • District of Columbia, Ohio, Virginia
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Biography

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, 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: T.V., radio, print.

Practice Areas
    Military Law
    Veteran's Benefits
    Appeals & Appellate
    Civil Appeals, Federal Appeals
Additional Practice Areas
  • Court-Martial trials
  • Discharge proceedings
  • Security Clearance appeals
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
Sole Practitioner
The Law Office of Philip D. Cave
- Current
Judge Advocate
U.S. Navy
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Constable/Cadet
Metropolitan Police, London, England
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Education
The George Washington University Law School
LL.M. | 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. | Law
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Wright State University
B.A. | Political Science
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Honors: Summa cum laude
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Professional Associations
Virginia State Bar
Member
Current
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National Association of Criminal Defense Lawyers
Member
Current
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Federal Bar Association
Member
Current
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Virginia Association Criminal Defense Lawyers
Member
Current
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Phi Alpha Delta Law Fraternity, International
Member
Current
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Mil. Law Committee, Bar Assoc. of D.C.
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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Bar Association of D.C.
Member
- Current
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Judge Advocates Association
Board of Directors
- Current
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Publications
Articles & Publications
Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges
JURIST
How Public of a Trial: US v. Bradley Manning
JURIST Sidebar
Mental State May Play Pivotal Role in Afghan Shooting Trial
JURIST
Speaking Engagements
Court-Martials and the Media, ABA Annual Conference
Continuity and Change in Military Justice, London Conference
National Institute of Military Justice
Military Law Reform: Cox Commission
National Institute of Military Justice
Military Law and Media, Military Editors & Reporters Conference
Sexual Assault in the Military: Fixing a Broken System: Rape and Sexual Assault in the Military
Hastings University Law School
Mental Health Defenses, Military Justice Seminar
The Judge Advocate Generals’ School of the Army
Report and Briefing on Sexual Assault in the Military, Military Sexual Assault Cases US Commission on Civil Rights
Websites & Blogs
Website
Philip D. Cave's Website Profile
Website
The Law Office of Philip D. Cave Website
Blog
Court-Martial Trial Practice
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. They are prepared to answer many of your questions. A military divorce is complicated especially where there is a long term marriage and the military spouse is close to retirement.
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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Annotations
Reid v. Covert
U.S. Supreme Court
Carmell v. Texas
U.S. Supreme Court
View More Annotations
Contact & Map
The Law Office of Philip D. Cave
1629 K St NW
#300
Washington, DC 20006
Toll-Free: (800) 401-1583
Telephone: (703) 298-9562
Fax: (703) 997-6076
Monday: 7 AM - 7 PM
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours (Today)
Sunday: 10 AM - 5 PM