Legal Question in Military Law in North Carolina

is it worth fighting for??

right to the point.......

my husband is in the marines, tested pos on drug test

twist of the story......

he doesnt do drugs, (smoke pot), but i have been when he is not home, he was completly unaware of me doing this untill i told him after he said he had to take a test.

my reason for telling him then.........

we just recently moved in together, so it was hard to hide smoking if he was there, so i found recipes to cook it in with my food, to be specific,pasta and a couple peices of garlic bread, which a few peices had my personal recipe, i left the house, came back , then realized he ate some wrong peices, i never said anything cause he would freak, but now its to late. its a very big deal, we are getting a divorcce, does he have a chance to save his career if he fights it??

Asked on 7/08/09, 1:29 pm

2 Answers from Attorneys

Scot Sikes Law Offices of Scot Sikes

Re: is it worth fighting for??

Ma'am, you are the key to his defense. If both of you know your husband did not knowingly and intentionally ingest marijuana, he must fight it tooth and nail. Has he been charged? If the command pursues this via Captain's Mast, he should consider turning it down and demanding trial by court-martial. My experience is that these guys do not often receive a fair hearing with NJP. Commanders are not usually trained as attorneys/judges. Thissituation may do little to help reconcile your marriage, but you have to help him fight to save his career.

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Answered on 7/11/09, 6:52 am
William J. Holmes Attorney at Military Law

Re: is it worth fighting for??

Absolutely, he should fight this. If he does not, he will likely be kicked out with a bad discharge.

It is not a crime to be exposed to drugs. It is only a crime to intentionally and knowingly use them. If you put it in food, etc., without his knowledge, he did nothing wrong. He should demand a hearing to prove that he did nothing wrong. He will need for you to write a letter or testify that you put it there without his knowledge, but he should definitely fight it.

I hope this answers your questions. Please feel free to contact me directly if you have any other questions.

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Answered on 7/08/09, 3:32 pm

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