Legal Question in Military Law in New Jersey

I am in the Navy. I was charged as a civilian for possession with intent to distribute. My civilian lawyer is requesting a dismissal based not knowing there were drugs in the house and illegal search. This was 6 months ago. My urine came back clean and I have not been introuble. I have been in for 13 years and there is nothing indicitive of this in the past. My command just gave me a notification for ADSEP- OTH for severe mis-conduct. I have never been counseled, I do not have a page 13 and have not been to mast. The article on the notification 1910-142 prior to SEP did not cover paraphanalia or posession. This all happened in March. Is that legal?


Asked on 9/30/10, 8:21 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Yes, you can face an ADSEP board for a charge even though it has not been to court. You will need to have a good attorney represent you at the board to fight this. Make sure you request a board to hear your case where you can present evidence, call witnesses, etc. Do not waive any of your rights so that you are fully able to fight everything.

Please feel free to contact me directly if you have any other questions.

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Answered on 10/05/10, 10:54 am


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