Legal Question in Military Law in New York

how do i fight a charge sheet/pg 11 entry

currently I am in the USMC attached to a unit forward deployed in Iraq. The comand issued an order a few months ago stating ''no ponographic material or other content considerd offensive may be viewed or stored on goverment servers or pc's''. Currently the local command is trying to charge myself and three other marines with viewing a photo that the network guys found on the network. I never had any knowledge that the photo existed and I've never viewed it. The command is stateing that the folder was set with an acess list and only the four of us being charged are on this list. Next to my name it's set as acess denied for all viewing/editing, etc. this pretty much confirms that I could not have viewed this .jpg. I would greatly appreciate any advise I can get to make these charges go away, permenatly. I don't know what rights I have when it comes to military law. I have no clue how to resist accuzations like this without any type of witnesses. HELP. Also someone told me to contact the ACLU, would they even be able to get involved in military matters?

Asked on 8/25/05, 6:39 pm

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: how do i fight a charge sheet/pg 11 entry

There's nothing you can do to prevent being charged. All you can do is defend yourself if that happens. You will be allowed to speak with a military defense counsel if they take the charge to NJP or a court-martial. You should follow the advice of that defense counsel when the time comes.

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Answered on 8/25/05, 7:12 pm

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