Legal Question in Military Law in Japan
(SOFA)Dependent being accused of smoking marijuana
NCIS recently spoke to me and tried to use scare tactics on me and tried to get myself to admit to doing drugs. Apparently I have hung out with some that has done them and got into trouble. I let them search my home with consent. Of course no drugs were found since I don't sell or do them. They said they no that I did them. I say so what, since our own president admitted it himself. Reason I'm worried is because my wife is a USAF Doctor (O-3) and we have a baby on the way. They said this could hurt her career. (We are out the door in 10 months anyways.I don't want any stress in our life. They want me to write out a statement about my friend. I don't want to do a statement nor do I want to talk to them anymore. No one has read me my rights but they threaten me by saying that it would be sad if my job found out since I work at a school. So much more to this situation, but was just wondering what my rights were since being a dependant doesn't allow me any legal reprenstation in Okinawa Japan. I am currently seeking legal rep for counsil. The threats are going deep. I already let them search my home...what more will it take.. being a snitch. Thanks for the ear.
3 Answers from Attorneys
Re: (SOFA)Dependent being accused of smoking marijuana
You are not required to answer questions from law enforcement authorities. You always have a right to remain silent. On the other hand, if military authorities believe you are involved in crime, they can bar you from using base facilities and/or send you back to the U.S. on early return of dependents orders, and you can be fired if you work for a DoD school. They don't need a conviction, just sufficient evidence that convinces the base commander of your guilt. If you choose to make a statement, you are required to be truthful. But you are not required to make a statement.
Re: (SOFA)Dependent being accused of smoking marijuana
I agree with everything that Neal said, except for one thing. I would go to the NCIS with a lawyer and follow the lawyer's direction about whether to answer a question or not. You need someone well-versed in the military criminal law as well as federal criminal law pertaining to crime on a government reservation. Keep in mind that if you are in Japan and there are allegations that any of this occurred on Japanese territory you could be turned over to the Japanese authorities for investigation and prosecution.
Do yourself a favor and retain a competent attorney to represent you.
Do not answer any further questions.
DO not consent to any interview without your lawyer.
Do not consent to any further searches of your quarters.
To speak or not
Dear Questioner:
The bottom line is that no one can require you to speak. What appears to be at the forefront of your mind is protecting your O-3 wife. Whatever threats they may make to you about her career, they should not be making in the first place. Additionally, if they had enough evidence to link her to illegal activity then they would not need to talk to you. I would not play their game.
What you can do, is call me at 512-259-7324 or 646-209-8213 anytime over the next several days or e-mail me at [email protected] so I can listen to more details and provide better guidance. Feel free to visit my website at www.courtmartialbrand.com also.
The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.
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