Legal Question in Military Law in Washington

Drug Charges

I was shot one night, admitted to the hospital released with morphine and percocet. OSI came to my home to ask me questions, end of interview they asked for consent for a UA. I said yes; then they said we need to leave now, I then withdrew concent. Then the agent said its going to be command directed. I got agitated and yelled at them to get out of my house. They called thier boss and said that I had an erratic change of behavior and said that was enough for PROBABLE CAUSE (which changes everything). While being taken away in an abulance; I was sedated. I was very angry stating I was going to kill them kick there ass ect...I got charged with 4 counts of threats. I do not believe there was PC for the search of my blood/urine nor do I feel I was responsible for what came out of my mouth. I was on morphine and Percocet at the time and also given a nasal sedative. I need advice to get a strong motion to throw this out!!


Asked on 2/22/07, 6:28 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Drug Charges

You're in the "military justice" system. The odds of this being "thrown out" are about 1 million to one.

What you need is an EXPERIENCED defense counsel who is willing to both take on the OSI/SF people, but also your base legal office. If your ADC isn't willing to call them liars if they are indeed lying, then you should consider retaining a civilian attorney.

Good luck!!

Donald G. Rehkopf, Jr., Esq.

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Answered on 2/23/07, 2:35 am


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