Legal Question in Military Law in North Carolina

drug charge in military

I am an e-3 in the usmc, today i was served with drug abuse charge under the usmcj, however i do not take any illegal drugs, i am a new mother who breast feeds her child! I need to know what are my chances of proving my innocence and if i can't prove my innocence what punishments am i looking at from the marine corps? Please help, is there any sense in me trying to fight this when i'm 110% innocent or should i just take an njp in hopes of staying in the military?


Asked on 1/30/08, 6:18 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: drug charge in military

You need to contact JAG counsel and determine if you have any chance of beating the charges. The drug abuse charges could stem from testimony by another marine, or they could arise out of something seized out of your property. In either case there are appropriate means to defend the claim. Trust your JAG lawyer on this matter. If you feel you cannot trust a JAG lawyer, then you need to hire civilian counsel who has litigated in front of the military (which is greatly unlike civilian courts).

Depending on what the NJP offers it may be to your benefit to take the punishment even if you did not do the crime. If they are going to give you an NJP that effectively discharges you, then obviously you will want to fight this at a summary or general court martial.

Either way you need competent legal advice and you need it right away.

Good luck,

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Answered on 1/31/08, 9:32 am


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