Philip D. Cave

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.

The George Washington University Law School

LL.M. | Criminal Law

1987 - 1988

Joint Forces Staff College - National Defense University

Diploma (1982)

1982

Case Western Reserve University School of Law

J.D. | Law

1976 - 1979

Wright State University

B.A. | Political Science

1973 - 1976

Honors: Summa cum laude

Sole Practitioner

The Law Office of Philip D. Cave

2000 - Current

Judge Advocate

U.S. Navy

1980 - 2000

Constable/Cadet

Metropolitan Police, London, England

1965 - 1972

Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges

JURIST

How Public of a Trial: US v. Bradley Manning

JURIST Sidebar

2012

Mental State May Play Pivotal Role in Afghan Shooting Trial

JURIST

2012

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

Virginia State Bar

Member

Current

National Association of Criminal Defense Lawyers

Member

Current

Federal Bar Association

Member

Current

Virginia Association Criminal Defense Lawyers

Member

Current

Phi Alpha Delta Law Fraternity, International

Member

Current

District of Columbia

Since 2000

Ohio

Since 1979

Virginia

Since 2000

Federal Circuit

Since 2000

U.S. Court of Appeals for the Armed Forces

Since 1982

U.S. Court of Federal Claims

Since 2001

U.S. District Court Eastern District of Virginia

Since 2000

U.S. Supreme Court

Since 1992

• Free Consultation
• Credit Cards Accepted

Military Law

Veteran's Benefits

Appeals & Appellate

Civil Appeals, Federal Appeals

• Court-Martial trials
• Discharge proceedings
• Security Clearance appeals

Q. Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

February 23, 2022

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?

February 23, 2022

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?

February 23, 2022

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/