Legal Question in Military Law in Oklahoma
Misdemeanor
I was stopped on a Military Base, with less than 1 tsp. of marijuana and a pipe found in my car. (Left there by a person who had driven my car the previous week). I have never been in any kind of trouble. I have never used drugs. Do I need to obtain an attorney? Will I be fined, drug tested, will I have a record, etc. I am a professional, close to retiring and with grandchildren. This could ruin my life. Any information you could give me would be greatly appreciated, as I have no idea what to expect. My court date is Aug. 10. Thank you in advance.
3 Answers from Attorneys
Re: Misdemeanor
Need more info:
Are you military or civilian?
Are you to appear at the base traffic court, or federal district court?
Best to consult with a local attorney in any case.
Re: Misdemeanor
Although classified as a misdemeanor, this is the kind of conviction that could cause some serious issues for you in the future. This is particularly true if you are a professional with a license; a conviction would likely be reported to your professional board. For that reason, I strongly suggest you consult with an attorney.
You did not indicate if you were military or civilian, only where you were stopped. If you are charged with a misdemeanor under Federal law and have to appear in federal court, you need to find yourself a good attorney to appear with you. Military police frequently err in handling evidence, etc., and there may be defenses to the charge beyond what you have already suggested. You need a seasoned attorney to handle this matter.
Good luck.
Re: Misdemeanor
Yes, by all means, contact a local attorney who is EXPERIENCED in dealing with FEDERAL criminal law. Tell me what city you are in and I can give you the names of some attorneys. Technically, you could go to jail, but more importantly, you will have a "federal" conviction for "drug abuse" on your record, which has all sorts of collateral consequences. I am assuming that you are a civilian - although if you are a civilian employee of the military, you could be in more trouble, as this COULD be a basis to terminate your employment IF you are convicted. You are probably scheduled to appear in the Magistrate's Court - otherwise if you were military, you would have had court-martial charges preferred against you, a military lawyer would have been assigned, etc.
As noted by one of the other responders, if you have any type of professional license AND get convicted, you could also face independent disciplinary action for that. It may be a small amount of marijuana, but it is a MAJOR life issue for you and by all means, you need the assistance of competent and experienced counsel.
Please email me directly if you want the names of local attorneys, at [email protected]
Good Luck,
Don Rehkopf,
Co-Chair, Military Law Committee
National Association of Criminal Defense Lawyers
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